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Immigration Daily

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Immigration Daily April 29, 2008
Previous Issues
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Work Is Criminal

New America Media reports that "Mississippi Governor Hayley Barbour has signed into law the farthest-reaching employer sanctions law of any on the books in the U.S... it will become a felony for an undocumented worker to hold a job. Anyone caught 'shall be subject to imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years, a fine of not less than one thousand dollars ($1000) nor more than ten thousand dollars ($10,000) or both.' Anyone charged with the crime of working without papers will not be eligible for bail."

We welcome readers to share their opinion and ideas with us by writing to


Relief From Removal: A Definitive Manual For Winning Cases - Now Shipping

The following is the table of contents for this definitive work which is now being shipped:

  • Chapters: Removal proceedings; Grounds of deportability; Grounds of inadmissibility; Contesting removability; Adjustment of status; Waivers of inadmissibility and deportability in Removal proceedings; Section 212(c) and Cancellation of Removal for Lawful Permanent Residents; Cancellation and Suspension for Non-Permanent Resident Aliens; Asylum, Withholding of Removal and protection under the Convention Against Torture; Voluntary departure; Naturalization as a defense to Removal; Administrative review of Removal Orders; Judicial review of Removal Orders
  • 23 Appendices include: Sample cover letter and instructions for requesting a FBI criminal record check; Sample Motion to Suppress; Sample Motion to Dismiss; Sample Brief in Support of Motion to Terminate Removal Proceedings; Sample Motion to Terminate to Proceed on an Application for Naturalization Pursuant to 8 CFR 1239.2; Sample Notice of Appeal from a decision of an Immigration Judge; Sample Motion for Extension of Time to File Brief to BIA
  • CD-ROM has 600+ important documents including: key BIA & Federal cases, selected USCIS/ICE memos and DOS cables, forms from USCIS & EOIR, relevant regulatory sections from 8 CFR & 42 CFR, significant statutory provisions from the INA, 18 USC & 28 USC, Links to informative internet resources, etc.
For more info, and to order, please see here. For the fax order form, see here.


The New OPT Rule
Greg Siskind writes "Here are FAQs on the new OPT rule, E-Verify, a complete list of qualifying STEM professions and the full text of the OPT rule."

Davis-Bacon: Jim Crow's Last Stand
John Frantz writes " Thus while great strides have been made since the Jim Crow era, some relics remain. One of them is the Davis-Bacon Act."

To submit an Article for consideration, write to


ICE Issues SEVP Policy Guidance On OPT
ICE has issued updated policy guidance for designated school officials for SEVP-certified schools with F-1 students who are eligible for or pursuing post-completion OPT.


Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks an attorney for the position of Associate Counsel in the National Security & Records Verification Law Division (NSRVLD). Responsibilities include, but are not limited to, providing legal advice and consultation in discussions with the heads of USCIS units, working with USCIS managers in a continuing effort to improve the security check and fraud detection processes, assisting in the coordination of legal issues involving national security, criminal and fraud matters with other law enforcement and intelligence agencies and providing litigation support in cases before the Federal courts. Experience in immigration-related criminal and national security legal issues preferred. Must be able to hold and maintain a Top Secret clearance. For full details enter COU-CIS-2008-0006 here. Applicants must submit (1) resume, (2) writing sample (5 pps. max), (3) references, (4) cover letter to All submissions must be received by close of business Wednesday, April 30, 2008. GS-13-15, position open until filled. No reimbursement expenses offered.

Help Wanted: Immigration Attorney
Manhattan - Alan Lee, Esq., ( seeks a bright, ambitious, extremely hard-working attorney as sole associate, who writes well, is detailed, does the homework on cases, & has experience in various aspects of immigration law. You will handle appearances at CIS and courts and cases that are/may become difficult. Strong interpersonal and communication skills required. Salary not necessarily commensurate with workload, but good opportunities down the road. E-mail resume to

Help Wanted: Immigration Professional
Rockville, MD - Hammond Claxon, P.C., nationally-recognized 2-attorney business immigration boutique, seeks law firm administrator to ensure efficient workflow, implement/coordinate practice management software, automate procedures, coordinate billing and finances, handle personnel matters, open and assign cases, assist in marketing and planning for changing needs of the firm. Must have 4+ years experience in legal or other professional service organizations, strong communication and administrative skills, ability to work independently and organize and prioritize work and availability for overtime. Excellent growth opportunity for legal secretary or paralegal. We are conveniently located in the charming Rockville Town Center near the Metro. Email resume to

Help Wanted: Immigration Paralegal
Dupont Circle, DC - Fast-paced, dynamic nationally recognized, immigration law firm seeks motivated, detail-oriented individual for business immigration paralegal position. Strong organizational, writing, and interpersonal skills required. Prior business immigration experience required. Experience with PERM desired. Great opportunity for individual interested in challenging, exciting work with international clientele; excellent career advancement possibilities and work environment. Competitive salary and benefits. Please email resume, salary requirements, and references to: or fax (202) 483-6801, Attn: John Nahajzer. No calls please.

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:

PERM Services
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


Temporary Worker Standoff Irks Businessowners

Study Illegal Worker Crackdown Would Cost Employers 1 Billion


Readers can share their professional announcements (100-words or fewer at no charge), email: Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

New Partner - San Diego, CA
Jacobs & Schlesinger LLP is pleased to announce the addition of its new partner, Mark C. Ople. Mr. Ople is a graduate of University of California, Berkeley Law School and Yale University. Mr. Ople practices general immigration and nationality law, with a focus on employment-based immigration. Jacobs & Schlesinger LLP, 121 Broadway, Suite 573, San Diego, CA 92101. Phone: (619) 230-0012. Fax: (619) 230-0044.


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
It is curious that Honza Prchal's letter (04/28/08 ID), which opposes an immigration moratorium or any similar attempt to slam the gates to America shut, nevertheless parrots the arguments of the people who do. The notion that allowing people from poor, Spanish-speaking countries like Mexico and those in Central America to come to the US to escape poverty, seek a better life and become part of the American dream, just as, for example, my grandparents, who came here in the 19th century seeking to escape poverty and oppression in Czarist Russia, did, would break up America by turning us into a "bi -cultural" nation, is right out of the Patrick Buchanan/Samuel Huntington/Tom Tancredo playbook. It is, unfortunately, also out of the playbooks of the authors of the Chinese exclusion laws, of the 1924 immigration act, of Henry Ford, Father Charles Coughlin and Gerald L. K. Smith, all of whom believed that Jewish immigration would destroy America's supposed "identity" as a white, Christian nation, and of countless other immigration restrictionists who have said similar things at one time or another about Italian, Polish, Hungarian, Czech, Slovak, Greek, German, Irish, Portuguese, Middle Eastern, Caribbean, African, East Asian and South Asian immigrants (not to mention Mexicans and Latin Americans). In every case, the restrictionist strategy has been the same, namely to demonize the target group as faster growing and allegedly more difficult to assimilate than any of the others. While I certainly do not attribute any such intent to Mr. Prchal's letter, it does make one think of the saying "plus ca change, plus c'est la meme chose". (I apologize to ID readers who do not know any French. I would be happy to translate the above phrase into a language more familiar to Americans, but, unfortunately, my Spanish isn't good enough.)

Roger Algase, Esq.
New York, NY

Dear Editor:
My letter (04/28/08 ID) stated: "The original purpose of the U.S. was to enshrine Liberty, not to cram as much of the world's population here as possible. To do that would destroy the orginal purpose. Americans have their own individual dreams, lives and problems. I agree with the Robert Yang's letter (04/25/08 ID) that our over spending government is one of them". The Roger Algase's letter (04/28/08 ID) arguments regarding the pre-1965 era are not persuasive, even if repeated, as my reference was to limited numbers then and not the racial mix which included the pre-1924 era. As the Honza Prchal's letter (04/28/08 ID) agrees to this extent: "That people... hearken back to pre 1965 immigration levels as a good thing does not necessarily mean they comprehend or advocate the same racial mix or focus" and that: "My main point remains that fear of too many Mexicans is not necessarily the same thing as a racial animus towards them specifically". Attempting to view entry policies then or now through faulty "politically correct" lenses results in distorted conclusions. Who is the "bigot" here? The only prejudice seems to be against White Europeans. The Fenton Price letter's (04/28/08 ID) complaint and language typifies the apologists for Latinos in choosing untrue words rather than factual ones. While the word "invasion" may include actual warfare, it's more general meaning is "any intrusion or infringement". I agree that: "Our border has turned from a peaceful turnstyle into a 'war zone' or DMZ if you will". That's all the more reason why it's an invasion.

Jim Roberts

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X