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Immigration Daily

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Immigration Daily January 29, 2009
Previous Issues
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Ellis Island Of The West

Associated Press reports "The Angel Island Immigration Station, once known as the 'Ellis Island of the West,' is reopening after a multimillion-dollar restoration of the historical landmark aimed at showing visitors a chapter of American history that many would rather forget... The station was built on Angel Island, a short boat ride from San Francisco, to help enforce the Chinese Exclusion Act of 1882 and other laws aimed at curbing immigration at a time when Americans were worried about immigrants stealing jobs and depressing wages... Hundreds of thousands of immigrants, mostly from Asia, were detained on the largest island in San Francisco Bay for days, weeks and sometimes months in the three decades before World War II."

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


New 2008-2009 Edition For Immigration Practice By Robert C. Divine

Immigration Practice by Robert C. Divine & R. Blake Chisam is an invaluable supplement to Kurzban's with a different approach. It is also useful to newer practitioners and paralegals in view of its easy to understand and practical style. For more info, see here. To order by fax, see here.


Consular Corner: January 2009
Liam Schwartz writes "We're pleased to present the latest in our series of interviews introducing the reader to the people who run and manage the visa application process."

Perspective - We Win One (So Far)
Sheldon Richman for the Foundation For Economic Education writes "May the government declare a US resident an "enemy combatant," throw him in a military prison indefinitely, and never charge him with a crimeall without judicial review?"

Bloggings On Immigration Law And Policy
Greg Siskind shares the latest entries as of January 27, 2009 on his immigration law and policy blog.

To submit an Article for consideration, write to


Scialabba Memo On Child Soldiers Accountability Act
A memo from USCIS Associate Director, Refugee, Asylum & International Operations Lori Scialabba provided notification and a brief overview of the provisions of the Child Soldiers Accountability Act of 2008 (CSAA), Public Law 110-340, which was signed into law and became effective on October 3, 2008.

Langlois Memo On Revised Credible Fear Quality Assurance Review Categories
A memo from the Chief of Asylum Division of the USCIS, Joseph E. Langlois, modified the categories of credible fear determinations that must be sent to the Asylum Division Training, Research, and Quality (TRAQ) Branch for quality assurance (QA) review prior to the issuance of a final determination. In addition, the memorandum announced new procedural requirements for all determinations. These changes will be effective as of December 23, 2008.


Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email


Gillibrand's Immigration Views Draw Fire
During her one term in the House of Representatives, from a largely rural, traditionally Republican district, Kirsten E. Gillibrand was on safe political ground adopting a tough stance against illegal immigration.

Owner Of Bianco Sentenced To Prison
A federal judge, taking into account Francesco Insolia's plea that he is a "decent, hard-working man," yesterday sentenced the former New Bedford factory owner to spend a year and a day in prison.

Chicago Immigration Activist Marks Year In Church
Flor Crisostomo has quietly spent the last year inside a Chicago church writing letters, meeting with school groups and organizing political demonstrations toward her goal of U.S. Immigration reform.

Human Rights Group: "The Clock is Ticking, President Obama."
Found on the organization's Web site,, the clock will keep track of every minute after President Obama's inauguration until the country passes the immigration reform legislation so desperately needed.


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
Maggio & Kattar is pleased to announce its first monthly Immigration Community Forum which will take place on Wednesday, January 28, 2009 from 12 PM 2 PM. Maggio & Kattar attorneys, Elizabeth Quinn and Melissa Frisk, join area experts Elizabeth Keyes, Staff Attorney at WEAVE (Women Empowered Against Violence), Deepa Bijpuria, Project Director of The Multi-Ethnic Domestic Violence Project, The Women's Law Center of Maryland, and Natalie Nanasi, Fellow, Tahirih Justice Center to discuss changes brought about by the interim "T" and "U" visa regulations. This event will take place at Maggio & Kattar, 11 Dupont Circle, NW, Washington, DC 20036.


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:
Anti-Obamites say that Article ii of the Constitution lists two categories of citizens - natural born citizens, and citizens of the United States - and that the first category includes only citizens with two citizen parents. In fact, the second category is not citizens of the United States. It is citizens of the United States "at the time of the adoption of this Constitution." That category no longer exists because it died off about 150 years ago, leaving just one category of presidency-eligible citizens - those who are citizens by birth, not by naturalization. Citizens by birth are citizens in all respects by virtue of the 14th Amendment, and the citizenship of their parents is irrelevant no matter how strenuously anti-Obamites misquote both case law and the Constitution.

Sid Lachter, Esq.

Dear Editor:
Contrary to Mario Apuzzo's letter (01/28/09 ID), one would be hard put to find a single sentence anywhere in the lengthy 1898 Supreme Court Wong Kim Ark decision, which contains one of the most exhaustive discussions of 500 years of Anglo-American citizenship law imaginable, that distinguishes between the concept of a "natural born citizen" of the US under Article 2 of the Constitution and that of a US citizen by birth in the US under the 14th Amendment. On the contrary, every time the majority decision mentions this issue, it makes clear that these two concepts are interchangeable. Nor does Mr. Apuzzo's letter find any support for this distinction in the dissenting opinion, even though the dissenting Justices agreed with Mr. Apuzzo's letter's conclusion about who is a US citizen at birth for exactly the opposite reason, namely that there was no distinction between these two Constitutional provisions concerning the issue of citizenship by birth in the US. Specifically, the dissent argued that if someone born in the US to Asian parents (who could not become US citizens under the Chinese Exclusion laws) were recognized as a US citizen by birth under the 14th amendment, then he would also be eligible to become President as a "natural born citizen" of the US under Article 2. This was, to put it mildly, not a result that the dissenting Justices wished to see come about. Therefore, the proposition in Mr. Apuzzo's letter, namely that one can be a US citizen by birth under the 14th Amendment but still somehow fail to be a "natural born citizen" of the US in order to be eligible to become President under Article 2, is out all by itself on a very fragile limb when it comes to Constitutional interpretation.

Roger Algase, Esq.
New York, NY

Dear Editor:
We need to simplify our immigration by using merits based point system for everyone and stop the family based chain immigration. It's very unfair to let any Americans or US legal residents to sponsor their elderly, sick, disable or unproductive foreign parents or relatives to come here and start collecting medicare and social security checks. Citizens or legal US residents who want to sponsor their parents must demonstrate that they're financially capable to take care all the needs of their parents and have met certain income level and net worth. Their parents will be given renewable long term resident visas instead of greencard, they can't never sponsor their other children to come to US, the siblings of US citizens will now be able to immigrate based on their own merits and skills based system. The coming CIR must have provision that all illegal immigrants will be given only 6 years temporary residents status, and those who want to be permanent residents must meet certain requirements like health insurance coverage, being self sufficient and paying all taxes, English proficiency proven by out of their own pocket TOEFL test and good moral characters. Those who have higher merits will get their permanent status faster but no earlier than 6 years.

Robert Yang

Dear Editor:
In less than 3 months, H-1B visas will be filed for thousands of cheap foreign workers taking away American jobs in the midst of the worst U.S. recession since World War II. The annual cap is 65,000 visas though employers keep claiming there are never enough qualified American workers available and the cap should be increased or eliminated. With unemployment on the verge of double digits how can any respectable U.S. employer say there are no qualified American workers to fill these jobs today?


Dear Editor:
I disagree with the statement in Mario Apuzzo, Esq.'s letter (01/28/09 ID) that "even if Obama was born in the US, he is not a Presidential Article II "natural born Citizen" because his father was not a USC when Obama was born." . At the Immigration Officer's Basic Training Course (IOBTC) at the Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia, Immigration Officers were taught that a child born in the United States was a US citizen by virtue of birth in the US unless one of four exceptions applied. These exceptions are: 1) The child was born to diplomats in the US with full diplomatic immunity; 2) The child was born to a foreign Head of State who was in the US on an official visit; 3) The child was born on a foreign public vessel in US waters; or, 4) The child was born to alien members of an enemy force in hostile occupation of US territory. Note that having an alien parent is not one of these exceptions. I realize that Article II does not clarify the term "natural born Citizen" but does anyone expect the courts to interpret it as being more restrictive than birth in the United States? The framers wrote Article II with the history of 18th Century Poland in mind. Poland was an elective monarchy. The nobility frequently elected foreign aristocratic candidates sponsored by one of the Polish Kingdom's neighbors, i.e., Russia, Prussia or Austria. Once elected, the new king was only too happy to sacrifice Poland's interests for his foreign patron. This is what the framers wanted to prevent. I voted against Mr. Obama but I cannot see how his alien father would place him in the same category as one of the foreign-sponsored Kings of Poland.

Bruce R. Mulraney
Los Angeles, CA

Dear Editor:
Land Wayland's letter (1/26/09 ID) made reference to the Registry date. This is INA 249 already on the books, all it needs is an amendment, as was last made in the mid eighties to 1972. Last year I wrote countless letters to the Senate and Congress members regarding this, I did not receive one reply. I can only presume that the concept is too simple for them to comprehend. I urge all readers that this would help or anyone interested in reform to contact their representatives and ask them to amend INA 249.

N. McCourt

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 1995-2008 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