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Immigration Daily

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Immigration Daily June 25, 2002
Previous Issues

Editor's Comments

Our nation is embarked on a war, albeit a war without a formal declaration of such by Congress. A defensive attitude to immigration is not only understandable in this context, but as Gary Endelman writes in today's Featured Article, it may even be necessary to win the war. However, the lesson of history is that America has won her wars in the past, not just by the bravery of her soldiers, but also by redoubling national production to support the war effort. Just as freedom is not free, war is not free either, it must be paid for, not just in blood, but in hard money, too. Increased economic output to support this war will likely be not just difficult, but impossible without significant and increased immigration to strengthen the economy. As Gary Endelman writes "immigrants are front line soldiers in the fight that has enlisted us all."


Deadline Is June 25th!

The deadline to sign up for ILW's seminar on interdisciplinary issues in immigration law is June 25th. The agenda for the seminar is as follows:

  1. How tax law issues intersect with immigration law.
    • Who can be taxed as a non-resident?
    • What exemptions can non-United States Citizens traveling abroad claim and still retain U.S. immigration status?
    • When do U.S. tax obligations end? (sailing permits, renunciation, abandonment)

  2. How labor law issues intersect with immigration law.
    • When is a petition an employment contract?
    • How do posting requirements impact state labor laws?
    • What role do unions play when a company is foreign workers?
    • Citizenship and National Origins Discrimination
    • Other issues related to termination

For more info, or to sign up online, please click here.
For more info, or to sign up by fax, please click here.

Featured Article

Uncle Sam Wants You: Immigrants And The War Against Terrorism
Gary Endelman writes that America is adopting a circle the wagons attitude to immigration in the light of the war against the terrorists, and that this is an incomplete strategy for success in the war, the missing component being a renewed commitment to increased immigration as the foundation for the economic strength which will be essential in winning the war. While supporting "all necessary safeguards, up to and including a temporary moratorium on immigration from countries that sponsor terrorism," he reminds us that "immigrants are front line soldiers in the fight that has enlisted us all."

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Immigration Law News

INS Issues TPS Reminder
INS issued a reminder to "those eligible Hondurans and Nicaraguans to re-register immediately for Temporary Protected Status (TPS) to maintain TPS and employment authorization for the 12-month period beginning on July 5, 2002 and ending on July 5, 2003."

Ziglar Defends B Visa Restriction Proposals
In testimony before the House Committee on Small Business, INS Commissioner Ziglar defended INS's proposed rule restricting Visitor visas.

Airport Statements Of Alien With Multiple Linguistic Barriers Are Not Ground For Adverse Credibility Finding
In Singh v. INS, No. 01-70177 (9th Cir. Jun. 10, 2002), the court held that the Board of Immigration Appeals's (BIA) reliance on Petitioner's airport statements made under difficulties with multiple linguistic barriers faced by the Petitioner who did not speak any English upon his arrival in the US did not constitute a valid ground for an adverse credibility determination, and that the BIA's conclusion of adverse credibility of Petitioner's previous arrests in India was based on conjecture, not evidence, since the BIA pointed to no evidence in the record undercutting Petitioner's explanation, nor did it offer a cogent reason for rejecting his account.

IJ May Rely On PSR To Determine Nature Of Conviction And To Determine Removability On Aggravated Felony Grounds
In Abreu-Reyes v. INS, No. 99-70542 (9th Cir. Jun. 10, 2002), the court found that the Petitioner's pre-sentence report constituted proof of the nature of her criminal conviction and that access to the report by an Immigration Judge to determine whether an alien is removable for having committed an aggravated felony would serve the ends of justice.

Totality Of Circumstances Supports Stop
In US v. Montano-Campa, No. 01-2208 (10th Cir. Jun. 10, 2002), the court said that the totality of circumstances surrounding the stop of Defendant by the Border Patrol did not violate the Fourth Amendment protection against unreasonable search and seizure.

Attendees List for SEVIS meeting
The Office of Management and Budget issued a list of attendees to a meeting for implementing the SEVIS program

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Should California Create Its Own INS?
Dan Walters, a columnist for the Sacramento Bee, writes that a California State Commission has recommended "that California create what it calls a 'Golden State Residency Program' that would offer a form of state-sanctioned status -- including driver's licenses -- to immigrants deemed worthy, regardless of their legal status" and asks "Should California create, in effect, its own immigration and naturalization service?"

Representative Introduces Broad Legalization Bill
The Arizona Daily Star reports "U.S. Rep. Ed Pastor introduced an amnesty bill Friday that would allow illegal entrants who have been in the United States since before Jan. 1, 2000, to apply for residency.

Who Owns American Jobs - American Employers Or American Employees? reports that "The Justice Department is investigating whether Sun Microsystems has discriminated against U.S. citizens in favor of foreign workers here on temporary H-1B work visas."

How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to:, include your phone #.


Help Wanted - Immigration Attorney
The Law Office of Sheela Murthy, P.C., a progressive immigration law firm (Baltimore, MD) seeks attorney with 3+ years of immigration law experience to sustain its growth and to service the recently expanded areas of immigration practice. Comprising of over 45 professionals working in various departments, we provide national and international clients excellent services in U.S. immigration. Candidate needs leadership, people & case management skills, attention to detail, good writing & communication skills. Should be willing to relocate to Baltimore County, MD. Unique features of the job: > No Billable Hours Required > Rainmaker Not Required > Direct Contact with Business Clients > Extensive Support Staff Available > Extensive Technology and Support > Incredible Growth and Learning Potential. Final interviews of candidates will be at our Offices located in Owings Mills - a 20 minute drive from downtown Baltimore, MD. Salary and benefits are commensurate with experience and abilities. We are an equal opportunity employer. Call, eMail, fax or mail: Office Administrator, The Law Office of Sheela Murthy, P.C., 10451 Mill Run Circle Suite 100, Owings Mills, MD 21117. Tel: 410.356.5440. Email: Fax: 410.356.4140. Web:

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor

Dear Editor:
Are you people selling your e-mailing list? Do you have provision to block names who don't want to be sold? I've received two communications lately from lawyers who are just touting their wares... This is not what I want or need from ILW.COM. Thanks for looking into this.


Editor's Note: ILW.COM does not sell/rent its subscriber lists. However, we do have a classified advertising section in our periodicals (which appears above).

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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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