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Immigration Daily December 3, 2008
Previous Issues
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CIR Or Bust

The Chicago Sun-Times reports "U.S. Rep. Luis Gutierrez on Tuesday all but took himself out of the running to replace Barack Obama in the U.S. Senate. Gutierrez met with Gov. Blagojevich and told the governor he would like to be a 'caretaker' senator for the next two years working to get comprehensive immigration reform passed in the Senate instead of fund-raising to get re-elected to the Senate in 2010, Gutierrez said. But Blagojevich said he was looking for someone who wanted the post long-term, Gutierrez said."

We applaud Rep. Gutierrez for his steadfast commitment to the historic opportunity of passing comprehensive immigration reform in the 111th Congress. It is seldom that a politician passes up a shot at being a Senator for the sake of championing a cause. We urge our readers to support Rep. Gutierrez to ensure that the 111th Congress does not end up with the dismal record on immigration of the do-nothing 110th Congress.

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


Deadline Is Wednesday, December 3rd For Consul and Counsel: A Roundtable with Visa Consuls and Visa Attorneys

Wednesday, December 3rd is the deadline for the Thursday December 4th phone session of "Consular Practice: A Comprehensive View" (with many distinguished speakers). The curriculum is as follows:

  • Challenges Faced by U.S. Visa Consuls in the Visa Application Process
  • Best Practices for Attorneys in the Visa Application Process
  • Tips for Problem Solving at Consular Posts
The deadline to sign up is Wednesday, December 3rd. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


If It's Fixed, Don't Break It: Moving Forward With E-Verify
Janice Kephart for the Center for Immigration Studies writes "Arguably E-Verify is the most successful programmatic upgrade to U.S. interior border systems, assisting employers in abiding by the law and weeding out those that don't."

Unauthorized Immigration Declining, But Experts Disagree On Why
Muzaffar Chishti and Claire Bergeron for the Migration Policy Institute write "Flows of unauthorized immigrants to the United States have declined significantly according to a new report by the Pew Hispanic Center."

Immigrants Of The Week: Alberto Riveron, Wayne Kramer, and Charles Liang
Greg Siskind honors immigrants of the week.

To submit an Article for consideration, write to


DHS Says NY Enhanced Drivers License Is Acceptable Identity Document
DHS published notice in the Federal Register that the enhanced driver's licenses and identity documents (EDLs) issued by the State of New York (New York) as acceptable documents to denote identity and citizenship for purposes of entering the US at land and sea ports of entry under the Western Hemisphere Travel initiative.

False Documentation Does Not Preclude Eligibility For Lost Wages Where Employer Fails To Comply With IRCA
In Coque v. Wildflower Estates Developers, Inc., 2008 NY Slip Op 08698 (Appellate Div., 2nd. Dept.) (Nov. 12, 2008), the court said that "a worker's submission of false documentation was sufficient to bar recovery of damages for lost wages only where that conduct actually induced the employer to hire the worker, and that this circumstance was not present where the employer knew or should have known of the worker's documented status or failed to verify the worker's eligibility for employment as required by federal legislation." (courtesy of Conrad Pollack, Esq.)


Help Wanted: Immigration Attorney
Rockville, MD - Shulman, Rogers, Gandal, Pordy & Ecker, P.A., the largest suburban MD law firm, seeks a proactive, result-oriented immigration associate with 3+ years of attorney experience in immigration law including employment-Based IV (including EB-1, EB-2, EB-3), and NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1, TN), family-Based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. Position includes supervision of paralegal and administrative staff. If you have excellent academic credentials and strong drafting skills, you will find an exciting, diverse practice with opportunity for further career development. We offer an excellent salary/benefits package. Work with an experienced team of professionals who are passionate about the practice of immigration law in a fast paced, collegial setting with all the resources of a large law firm. Submit resume to: Ms. Maura Bowen, 11921 Rockville Pike, Third Floor, Rockville, MD 20852-2743, Fax (301) 230-2891, e-mail:

Help Wanted: Immigration Attorney
Sherman Oaks, CA - The Law Offices of Jessica Dominguez has an immediate opportunity for an immigration attorney to work on a wide range of cases in a diverse, full-service immigration law practice. Attorney must be bilingual in English and Spanish. Attorney will represent clients before immigration officers and in immigration courts including employment-based IV, NIV, family-based IV, and naturalization. Excellent legal research/writing and outstanding communication skills needed. Ideal candidate has 2-4 years of experience - exceptional, motivated candidates with less experience also encouraged to apply. Right candidate shows initiative and works independently. Great office environment and wonderful clients. We are pleased to offer an alternative work-plan schedule that allows its employees to take one Friday off every 8 weeks. Send cover letter, resume, + writing sample to Jessica Dominguez: Replies will be treated in strictest confidence and references will not be contacted without prior approval.

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.

Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.


Obama's Plan for Immigration "Reform"
Within the first year of his term as president, Obama says he will "revive" George W. Bush's "comprehensive immigration reform," which includes promises to secure the border, fix the "broken immigration bureaucracy," and put "12 million undocumented immigrants on a responsible path to citizenship."

Bush Regrets Iraq intel, Immigration Flap
I firmly believe that the immigration debate really didn't show the true nature of America as a welcoming society.

More Immigration Losers
But the political reality is that Republicans who thought that channeling Lou Dobbs would save their seats will soon be ex-Members.

Nariman Behravesh: No-Nonsense Economics
The reality is that immigration, legal or illegal, is good for the economy.


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 - Boston, MA
New Sanctuary for Economic Refugees: The Inter-Faith Movement for Immigrants Rights. 3-5pm., Tuesday, December 9, 2008 Conference Room 115, Eleanor Roosevelt College Provost's Building. University of California, San Diego.


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:
An article in the December 1, 2008 issue of Legal Times begins, "For eight years of Clinton, then eight years of Bush, Carlos Ortiz has waited. With the election of Obama, Ortiz hopes ... he will have to wait no more to see his dream realized: the first Hispanic Supreme Court justice." Mr. Ortiz is a Hispanic activist and former president of the National Latino Bar Association (NHBA). The article claims that during the Bush administration, Ortiz met with then Attorney General Alberto Gonzales to discuss the nomination of a Hispanic to the Court, but, "When the vacancies finally arose, other factors, both political and ideological, took precedence over naming a Hispanic to the high court." The article refers to current HNBA president Ramona Romero taking the position that in assessing a nominee, evidence of some connection with the Hispanic community, and an understanding of its culture and concerns, will be important. In other words, race is not enough; the nominee must be "Hispanic" in thought and deed. It appears that if the nominee is not "Hispanic enough", we can expect the NHBA would not support the nomination. Should the issue of race rear its ugly head in considering a Supreme Court nominee? If so, then Roger Algase's letter (11/26/08 ID) is right on in his conclusion that race rules in immigration. America can't have it both ways - ignoring race when it is convenient and then advocating basing important political nominations on race. When the short list of nominees includes minorities, neither the deciding nor the influencing factor should be race, because that is racist. America has come a long way since the passage of the Civil Rights Act of 1964. It is sad that it appears minority groups are themselves becoming increasingly racist. Viva la Raza. Or E Pluribus Unum?

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
The word "alien" has a negative connotation and should not be used in relationship to other human beings who share the planet with us. The Human Rights Project is running a campaign this year in protest of the use of the use of this word.

Judith Wood
Director, The Human Rights Project

Dear Editor:
Mr. Smith, (ID 12/2/08), and I have debated these issues before, and I empathize with his personal experiences with the system, so I give him a bit of a pass on some of his letter's harsher rhetoric. That being said, I do wish to correct some misleading statements from this most recent letter (12/02/08 ID). I most definitely do not in any way praise illegal immigration. 12-20 million undocumented workers are already here and contributing to society. Our government willfully, intentionally, and purposely was lax in their enforcement duties, so as to enable our economy to utilize the productivity of these workers. Do we not therefore morally owe it to ourselves, and especially to our guests, to take responsibility for our actions? Also, it is not a lie, it is a factual truth "that the beneficiaries of amnesty will pay the full costs of our government allowing them to come out of the shadows". They will certainly need to pay fees for the processing of their applications. Furthermore, in direct contrast to Smith's letter's assertions, they will almost certainly have to pay a substantial fine, and any and all back taxes owed. If he were to get out his calculator, he might be astonished to realize that 12 million people paying for the sake of argument $2,000 each in fines amounts to 24 Billion dollars, (or about the amount of the "Big Three" automotive bailout). Finally, if Smith were to read what he wrongfully alludes to as "mislabeled CIR," (such as the STRIVE Act), he would learn that his dreaded "amnesty" amounts to but a small fraction of the overall "Comprehensive" legislation. CIR, passed in it's entirety, (legalization of our undocumented and all), would actually enable us to stop the flow of illegal immigration, which is very much the point.

Robert Gittelson

Dear Editor:
All I have to say is that we are all God's children and deserve a chance in life (12/01/08 ID comment). I would like to see an American get on a roof of 100 degree hot weather for 10 to 12 hours a day. America is for multi-cultural races. Yes, I understand illegals came in America illegally but so did our ancestors. The president needs to give the illegal aliens admits. Close all borders and then people can come in the right way. Remember are all God's children and he is watching Americans treat foreign like criminals.

Luzdenny Fernandez

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