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Immigration Daily July 8, 2011
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Comment: DOMA And Immigration - In the wake of New York’s enactment of marriage equality, immigration practitioners in that state (and other states, for clients contemplating a move to NY) are faced with enquiries from same sex couples as to possible immigration benefits for same-sex couples. In light of these enquiries, it may be useful to bear in mind that Attorney General Holder may soon make a constitutional determination on the President’s behalf on this matter, long before the courts get around to opining on the Defense of Marriage Act (DOMA) Section 3 itself. “The decision not to allow I-130 immediate relative petitions based on same-sex marriages is a political not a legal one”, writes Gary Endelman, in an article we carry below, examining the constitutional position of the matter. For attorneys counseling clients on the state of the law, not the likely political course of events, it is important to realize that the President is not in any way bound to enforce DOMA, in fact, the law appears to be that the President is compelled to ignore DOMA Section 3 (since he has already found it to be unconstitutional).

It appears that President Obama had two legally consistent positions open to him: One, he could continue to enforce DOMA, including in the immigration context, while waiting for the courts to decide on its constitutional soundness. Two, he could decline to enforce DOMA, for the reasons given in Mr. Endelman’s article, in part to precipitate action by the Judiciary on the matter. Mr. Obama’s current position – where he continues to enforce DOMA, while declining to defend it in court – is not logically consistent, and may be constitutionally unsound. Here is Rachel Maddow, a news anchor with MSNBC, on Mr. Obama’s clear-as-mud position: "The president does oppose same-sex marriage but he supports equality for gay and lesbian couples in benefits and other issues. Got that? So the line from the administration is that Barack Obama does not want gay people to be allowed to be married, but when gay people can be married and other people are trying to take away that right like in California, he doesn't want the right to be taken away. But, he's not in favor of that right in the first place. You got it? The president is against gay marriage but he is also against constitutional amendments to ban gay marriage, which means that he'd apparently prefer that gay marriage be banned through flimsier tactical means? That's the president's position. Clear as mud.”

Immigration Daily is not a newspaper covering issues concerning equality for people on the basis of their sexual orientation, instead our focus is always on immigration. We have consistently taken positions advocating expanded immigration benefits, and marriage equality is no exception to our general position. While we comment on marriage equality, and constitutional issues connected thereto, our spotlight always remains on immigration law and immigration practice. The day when same-sex bi-national couples will be able to file I-130 positions is not far off, and when we will get to that day is a political decision in the hands of Mr. Obama and Mr. Holder (there appear to be no legal barriers in their path). Stay tuned to Immigration Daily for the latest.

Article: DOMA: What President Obama Can Do Now by Gary Endelman

Article: It's 10:00. Do you know where your I-9s are? by John Fay

Bloggings: Mexicans Deciding Mexico is the Better Option by Greg Siskind

News: CIS Ombudsman's Office Publishes Recap Of Teleconference On Application Processing Times

News: DHS Publishes Semiannual Regulatory Agenda

Focus: US Tax Compliance For Immigrants And Employers: The Lawyer's Complete Guide
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  • A Guide for Filing IRS Forms 1042 and 1042-S
  • U.S. Taxation of H-1B Specialty Workers
  • U.S. Taxation of B-1 Business Visitors
  • U.S. Taxation of Foreign Students
  • L-1 Intracompany Transferees on U.S. Assignment
  • What You Need to Know About Exchange Visitors
  • J-1 Nonstudent Exchange Visitors Performing U.S. Services
  • Tax Treaty Benefits for Foreign Nationals Performing U.S. Services
  • Appendix includes Treaties/Agreements and Sample Letters
  • CD-ROM includes 50+ IRS Forms, 16 IRS Publications, useful web links
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Headline: 'A Better Life' explores the human side of undocumented immigration
Headline: Lawmakers propose immigration museum on National Mall
Headline: Alabama Immigration Law Faces Court Challenge
Headline: Michelle Rhee Joins Parent Blame Game in DREAMAct Support
Headline: This Independence Day, Faith Leaders Call for Comprehensive Immigration Reform
Headline: RT @1personsview: Southern charm & Georgia immigration law HB87
Headline: RT @cultureshoc Teachers make the right decisions around immigration & students. Helping children succeed
Headline: RT @bsookman How the Internet Has Changed Immigration Law
Headline: RT @NJImmigration Civil rights organization plans news conference about Alabama's crackdown on illegal immigration
Headline: RT @shapeupwithsim Senate Committee to Hold Hearing on DOMA Repeal
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Help Wanted: Immigration Attorney
New York, NY - The City Bar Justice Center's Immigrant Justice Practice Area seeks an attorney for a new two year Fragomen Fellowship. The position requires 2+ years experience in immigration law and criminal law to assist clients from New York City who are in or have been in Immigration and Customs Enforcement (ICE) detention, may have criminal records, and are defending against removal. The attorney will be employed by the law firm of Fragomen, Del Rey, Bernsen & Loewy, LLP as an associate and stationed at the City Bar Justice Center for two years to assist in developing the Justice Center's emerging detention defense practice and continuing community education and outreach activities. Requirements include admitted to practice law in New York State and federal courts, ability and willingness to travel to detention facilities outside of New York City, and demonstrated organizational and leadership skills. Please include a cover letter, writing sample, resume and two references (including daytime telephone numbers.) Interested applicants should email all application materials directly to Fragomen at to the attention of Michael McEvoy.

Help Wanted: Immigration Paralegals
Midtown Manhattan, NY and Englewood, NJ - Wildes & Weinberg, PC, prestigious immigration law firm seeks experienced immigration paralegals for both our Midtown Manhattan and Englewood, NJ offices to work on immigrant and non-immigrant matters. Applicant must possess 2+ years of work experience in the area of business immigration, particularly with preparing, organizing and filing PERM applications, O-1, E, H-1B and L-1 visas, as well as strong writing and communication skills. Please send resume and cover letter to

Help Wanted: Immigration Paralegal
Santa Monica, CA - Wolfsdorf Immigration Law Group, a top-rated immigration firm, seeks an experienced paralegal or legal assistant with a minimum of 2 years immigration experience. The duties include assisting with both nonimmigrant and immigrant cases. Qualified candidates must have a commitment to hard work, excellent writing, communication, organizational and case management skills. We offer competitive salaries and benefits plus a pleasant working environment. Send your resume, a cover letter and two immigration writing samples by email only to Managing Partner: (All applications will be kept strictly confidential). We are an Equal Opportunity Employer.

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Letters of the Week Letters by Joseph Whalen

ComingsNGoings: Immigration Event
USCIS invite any interested parties to participate in a teleconference to discuss the sunset of the Lautenberg Amendment provision for the adjustment of status of parolees. To RSVP, contact by July 8, 2011, and reference the following in the subject line of your email: July 11 Lautenberg.

Readers can share professional announcements (up to 100-words at no charge), email:

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Publisher:  Sam Udani    ISSN:   1930-062X
Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Greg Siskind, Joel Stewart