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Immigration Daily September 17, 2008
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McCain Kennedy Reborn

If immigration is your number one political priority, what should you do this election?

We begin with the observation that Democrats will likely consolidate and expand their control of the Senate and the House. This is good news for the immigration cause. However, in spite of controlling Congress for the past two years Democrats have done virtually nothing on immigration benefits and have continued massive spending on immigration enforcement. So, even though most political analysts are agreed that Democrats are poised for significant gains in the House and the Senate, that alone does not portend any immigration benefits in the coming years.

With that background, let us examine the difference in prospects for immigration benefits on Jan 20, 2009 if we get President Obama or if we get President McCain.

If we get President Obama, Democrats are going to be euphoric on Jan 20, 2009, and rightly so - being back in the White House, at last, after 8 long and bitter years. Democrats have not been able to pursue their priorities for 8 years and we can expect them to act aggressively on their big priorities immediately after a President Obama takes office. There are at least four Democratic priorities ahead of immigration: the Iraq war, universal health care, budget/taxes and energy policy. These are all large, complex issues and Congress will take most of a President Obama's first term to work on these. In such a scenario, we will not see any significant immigration benefits in the foreseeable future.

If we get President McCain, we will still have a powerful Democratic majority in Congress on Jan 20, 2009. This Congress will be at loggerheads with him on all the major Democratic priorities. Democrats will want to bring the troops home whereas Mr. McCain wants them in Iraq for 100 years; Democrats see a health care crisis whereas Mr. McCain sees none; Democrats will want increased taxes whereas Mr. McCain would like to cut them; Democrats want to conserve oil and work on alternative sources of power whereas Mr. McCain would like to drill for oil all over the map. Democrats and a President McCain will be 180 degrees apart on all major Democratic priorities. In this bitter fighting hardly anything will get done legislatively, and both Democrats and Mr. McCain will be looking for opportunities to show the country that they can work on something together.

While there are a few areas of agreement between Mr. McCain and Democrats, immigration is the largest issue on which Democrats and McCain agree. While the current Republican Party platform is the most anti-immigrant one in memory, there were news reports that Mr. McCain, who has a long track record of being pro-immigration, tried to make it more immigration-friendly and failed. This is the issue on which he is most likely to stab his party's anti-immigrationist wing in the back both in his political interests and due to his own convictions (Mr. McCain had to fight his party's anti-immigrationists tooth and nail during the Republican primaries). We expect to see almost all of the original McCain-Kennedy bill become law during the first six months of a McCain Presidency.

The Bush era has been the worst in memory for immigration advocates. However the combination of a powerful Democratic majority in Congress with Mr. McCain as President offers the best hope for speedily obtaining desperately needed immigration benefits.

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


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Vietnamese Immigrants In The US
Aaron Matteo Terrazas for the Migration Information Source writes "Nearly two-thirds of all Vietnamese immigrants resided in just six states although their numbers are declining in 16 states and the District of Columbia."

Immigrants Of The Day: Greta Garbo of Sweden, Anthony Quinn of Mexico, and Charlie Chaplin of London
Kevin R. Johnson celebrates the achievements of these immigrants.

Book Review: Assimilitation, American Style by Peter D. Salins
Rita J. Simon for the Foundation For Economic Education writes "But today, Salins warns, the public schools are the site of strong anti-assimilationist movements that are part of a larger ethnocentrist, multiculturalist movement led by the American left."

To submit an Article for consideration, write to


DOL Files Errata Statement In Fragomen Suit
The Department of Labor filed an "Errata" statement in which it deletes the adjectives that refer to its interpretation of 20 CFR 656.10 (b)(2)(ii) as "longstanding" and "consistent."

USCIS Direct Mail Program Adds Form N-400
USCIS announced that beginning October 14, 2008, applicants must submit Form N-400 and related supplements to one of two new USCIS Lockbox facilities for initial processing.


Help Wanted: Immigration Paralegal
Midtown Manhattan - Prominent immigration law firm seeks paralegal with 3-5 years of business immigration experience. Applicant will work in high volume team environment. Applicant will have client contact and work with state-of-the-art case management system. Applicant must have excellent writing, communication and organization skills. Potential for assignment in firm's Bergen County, NJ office. Please send resume to:

Help Wanted: Immigration Paralegal
New York - Troutman Sanders LLP, an international law firm, seeks immigration paralegal. Ideal candidate possesses: four-year degree plus a paralegal certificate (ABA-approved preferred); 2+ years of business immigration experience; ability to read, write, and speak Korean preferred; knowledge of preparing H, L, O, E non-immigrant visas, I-140 petitions and adjustment of status applications; experience with multi-national corporations, start-up companies and PERM applications; must have excellent organizational skills, attention to detail, initiative, strong client relations skills and be a quick learner by relating individual tasks to the "big picture" issue in complex business transactions. If interested, please visit to apply online.

Help Wanted: Immigration Paralegal
New York, NY - Established mid-sized NYC law firm seeks business immigration paralegal. Will provide general support to the firm's immigration practice group, including preparation of H-1B, L-1, O-1 and E-1/E-2 visas, I-140 immigrant petitions, consular applications, adjustment applications, PERM cases, and special projects. Bachelor's degree required. 2+ years business immigration experience preferred. Must be organized, detail oriented, responsive and have excellent writing, verbal and case management skills. Must be able to multi-task and work independently. Ability to work well under pressure and work effectively with clients, attorneys and staff. Competitive compensation + comprehensive benefits package. Please send resume + cover letter to:

Help Wanted: Immigration Professional
Secaucus, NJ - Ernst & Young LLP seeks Visa & Immigration Manager to manage and administer the visa and immigration work for firm's expatriate and international business travelers. Manage firm's external immigration providers, ensure all expatriates and business travelers are in compliance with host countries' immigration laws, manage firm's International Travel Compliance (ITC) policy. Oversee and monitor ITC hotline call volume and provide appropriate consultation or resolution as needed. Stay current on emerging legislation and assess its impact on firm business. Responsible for monitoring volume and review costs of outsourced arrangements. Oversee work and supervise a team of 5. Bachelor's degree, 5-7 years immigration experience, global immigration preferred. Experience working with government agencies, foreign embassies and outside counsel, knowledge of HR issues, excellent customer service, conflict management, organizational and supervisory skills, strong written and verbal communication skills, attention to detail and timing, flexibility, good judgment and analytical skills. For a detailed job description and to apply online, enter SEC00016 see here or email resume + cover letter to

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Immigration May Be Key Issue In NC
But in this year's presidential election, neither John McCain nor Barack Obama has taken a strong stand on an issue that is of interest to nearly all of the 45.5 million Hispanics in the United States.

Workers Booted, But What Of Their Bosses?
Even as they highlight their efforts to find illegal workers, federal officials in Hawaii have refused to release any information on fines or penalties paid by Hawaii employers implicated in immigration raids.

Voters Will Have Chance To Toss Out Florida's Obsolete 'Alien Land Law'
Florida is the last state in the nation still to have a constitution marked with one remnant of the Jim Crow era: a rule allowing legislators to ban Asian immigrants from owning land.

Latinos Could Swing Election In Key States
Long regarded as the slumbering giant in American politics a commentary on their underachievement and their potential as an electoral force Latinos are now finding themselves the focus of intense interest in the presidential campaigns.


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.

Immigration Event - Washington, DC
Bright Promises & Possible Pitfalls of Selective Migration: Lessons from the Competition sponsored by the Institute for the Study of International Migration. 8:30 to 10:00 a.m., Friday, September 19, 2008. Georgetown University Law Center McDonough Hall, Room 437, 600 New Jersey Ave., NW, Washington, DC.


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:
I agree with Bruce R. Mulraney's letter (09/16/08 ID). ICE agents should not be allowed to refuse to participate in immigration raids. While I do believe there are bounds on the human conscience, for example, the Nazi atrocities of World War II, no nation of laws can allow its federal, state or local employees determine which laws they chose to enforce, and which they do not. In a democracy, there is no "committee of one," but there is a system in which to work for change. Of course, imposing one's personal will upon the governed, especially in areas where the founding fathers never imagined to become engaged, should not be allowed, either through the passage of restrictive, violative human rights legislation, or by vigilantism. I have long been an advocate of the passage of a law called, "breach of the public trust." Such a law would prohibit any federal, state or local employee or elected official from willfully violating the mandates of their employment, cheating, stealing or lying in their official capacity, or otherwise abusing their office. A single violation would, among other sanctions, strip the perpetrator of any future right to hold any public position. Such a law would remedy the comedy of the likes of Ollie North, who after lying to Congress, ran for that political office after being released from prison. An ICE agent who refuses to enforce a valid law should lose his/her employment, just as a soldier who willfully violates the lawful and direct order of his superior is court marshaled. If those vested with the responsibility for law enforcement are allowed to unitarily decide which laws they will enforce, they show the ultimate of disrespect for their fellow citizens, whom they are charged with protecting, and without respect for the law, there is anarchy.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
In regards to the very recent comment (09/16/08 ID) from Immigration Daily, how does one approach the congress on their personal stories? Exactly who is the congress? I live in Southern California.

Doris C.

Editor's note: In our comment (09/16/08 ID), we urged and still urge our readers to contact their daily newspapers and local tv stations with reasons supporting increases in immigration benefits.

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. Copyright 1995- American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

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