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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
February 19, 2001
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Editor's Comments of the Day

According to an article in the New York Times "an estimated 150,000 undocumented Mexican immigrants enter the United States each year. Their labor in Florida orange groves, Georgia onion fields, Las Vegas hotels and Oregon nurseries has fueled growth in many parts of the American economy. And remittances from Mexican immigrants between $6 billion and $8 billion a year is Mexico's third largest source of foreign revenue, behind oil and tourism." At the same time Gerry Hadden of National Public Radio reports "a significant decline in the number of illegal immigrant crossing into the US from Mexico. According to the US Border Patrol, the number of arrests at the busiest illegal border crossing, at Douglas, Arizona, is down 40-percent in the first six weeks of this year, compared to the same period last year." The decline in border crossings may be due to the slowing US economy, hope that President Fox will introduce economic reforms, harsh weather and a successful campaign to warn of the dangers of crossing the border. Since the crossings are illegal and undocumented any speculation on the numbers must be taken with a grain of salt. Whatever the true numbers are and whether they are increasing or decreasing, the issue needs to be addressed.

Tip of the Day

Attorney Chat

ILW.COM hosts live chats with immigration attorneys three times a week. For immigration attorneys, participating in a chat provides many benefits. Many chat attorneys have commented that after each chat they receive numerous inquiries that often lead to paid business in actual cases. ILW.COM chat attorneys have also found that their name recognition has increased and participating in the chat leads to a great amount of public exposure. ILW.COM provides links to the attorney's web page and the web statistics show that the websites get a large number of page views both before and after the chat.

ILW.COM vigorously markets the chats through various other websites and listservs. Before a chat session ILW.COM provides the attorney with a free half hour training session at the attorney's convenience in which we show the attorney how to use the chat program and make sure they have the appropriate equipment. Each live chat session lasts for one hour.

ILW.COM later revises the chat transcripts and posts the scripts on the website. By posting the chat transcripts the one-hour that the attorney has invested in conducting the chat becomes a permanent way of making the attorney's services known to potential clients. Many site visitors go through previous chat transcripts in order to see if questions similar to theirs have already been answered. Many attorneys who have participated in ILW's chats have enjoyed the experience and have returned to chat with us again. If you are interested in participating as an attorney on a live chat, please contact us at

Federal Register News of the Day

Update of the HHS Poverty Guidelines
The Department of Health and Human Services ("HHS") has updated of the HHS poverty guidelines used in preparing Affidavits of Support.

Comment Request on "Report on Occupational Employment"
The Bureau of Labor Statistics is soliciting comments on the proposed revision of the "Report on Occupational Employment." The data used by the Occupational Employment Statistics ("OES") survey is used by the Department of Labor in the administration of the Alien Labor Certification process. Comments must be submitted by April 17, 2001.

Cases of the Day

Court Finds Detention by INS Civil in Nature
In USA v. Encarnacion, No.00-1450, (1st Cir. Feb. 15, 2001) the court upheld the district court's ruling that Defendant's arrest and detention by the INS when he reentered the US after haven been deported for an aggravated felony were civil in nature, and there was no evidence that his detention was a dilatory tactic employed by the government for some impermissible purpose.

Discouraging US Applicants not a Good Faith Effort
The Board of Alien Labor Certification Appeals ("BALCA") in Hudd Distribution Services 2000-INA-76 (Jan. 22, 2001), found that the employer failed to establish good faith recruitment where an applicant was subjected to a group interview which lasted only three to five minutes and consisted of questions aimed at discouraging applicants from pursuing the job.

Self-Serving Affidavit Does Not Meet Burden of Proof
In O'Connell Technology Associates, Inc. 2000-INA-184 (Jan. 22, 2001), the Board of Alien Labor Certification Appeals ("BALCA") found that where the Certifying Officer ("CO") had requested payroll records for workers employed in the Alien's or similar position to establish that the position of Landscaper, the employer did not meet his burden of proof when he responded with an unsubstantiated and self-serving affidavit.

INS News of the Day

INS Communique
[You will need Acrobat to read this file]
The INS Communique newsletter provides information on the agency including a report on the Commissioner's Conference held last October. [Long Download]

ILW.COM Featured Article of the Day

Make Hay While the Sun Shines - 245(i) and Immigration Law Practice
Sam Udani writes about the implications of the limited restoration of 245(i) for the immigration law practitioner.

Immigration News of the Day

Bush Holds Talks With Fox on Immigration Issues
The New York Times [registration required] reports that President Bush has arrived in Mexico to initiate high-level discussions with President Vicente Fox over the web of immigration issues that have long bedeviled relations between their neighboring nations.

ABA May Oppose Government Secrets in Immigration Cases
According to leaders of the American Bar Association are scheduled to vote early next week on whether to oppose secret evidence in most immigration cases. ABA opposition to secret evidence would have no direct effect on the INS, but the lawyers' group would likely lobby Congress.

Classifieds of the Day

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to

Fragomen, Del Rey, Bernsen & Loewy, is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its NEW YORK, NEW JERSEY, STAMFORD and CHICAGO offices. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-223-8757

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Correspondence to Letters may be edited and may be published and otherwise used in any medium.
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