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Immigration Daily July 31, 2009
Previous Issues
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Southerners And Immigration

The Republican Party has a problem. Its best illustrated by something completely unrelated to immigration that happened this week. Sen. Voinovich, Republican of Ohio, complained that his party was being taken over by Southerners. Sen. Vitter, Republican of Louisiana, struck back saying that he was "on the side of conservatives getting back to core conservative values" and that Mr. Voinovich was "wishy-washy". We believe that Mr. Vitter is on the wrong side of history here. Conservatism comes in several flavors, of which Southern is just one. Republicanism, too, is much broader than being Southern. (For the politico news story, see here.)

Now, here is how this ties in to immigration. Sen. Schumer, the Chair of the Senate Immigration Subcommittee, is writing the comprehensive immigration reform bill right now, and intends to finish by Labor Day. As regular order on this bill proceeds with subcommittee markup, committee markup, and then floor consideration, the Republican voice on this bill will most likely be dominated by Senators DeMint of South Carolina, Vitter of Louisiana and Sessions of Alabama. In their shrill, no-compromise opposition to this bill on grounds which are Southern, but not necessarily conservative or Republican, they will likely hurt the Republican party no matter what shape the final Senate instrument takes.

This is not a good thing for the country. The immigration bill needs both parties to participate in giving it shape. In speaking in a Southern voice on immigration, the Republican party is losing its Republican voice. It's a tragedy that people like Mr. Vitter and Mr. Sessions cannot tell the difference between being southern and being Republican.

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


Inventory Closeout For Removal Book

Relief From Removal: A Definitive Manual For Winning Cases by Jill Sheldon of CLINIC is now available for an attractive Inventory Closeout price, only $99 including taxes and shipping and handling. This book features:

  • Chapter 1: Removal proceedings
  • Chapter 2: Grounds of deportability
  • Chapter 3: Grounds of inadmissibility
  • Chapter 4: Contesting removability
  • Chapter 5: Adjustment of status
  • Chapter 6: Waivers of inadmissibility and deportability in Removal proceedings
  • Chapter 7: Section 212(c) and Cancellation of Removal for lawful Permanent Residents
  • Chapter 8: Cancellation and Suspension for Non-Permanent Resident Aliens
  • Chapter 9: Asylum, Withholding of Removal and protection under the Convention Against Torture
  • Chapter 10: Voluntary departure
  • Chapter 11: Naturalization as a defense to Removal
  • Chapter 12: Administrative review of Removal Orders
  • Chapter 13: Judicial review of Removal Orders
  • 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 on this book, and to order, see here (fax version, see here).


Bloggings On Updates In Immigration Law
Carl Shusterman writes "This ruling is puzzling to say the least. How can section 203(h)(3) not apply to derivative beneficiaries when it specifically references section 203(d), the section of law which concerns derivative beneficiaries? "

Immigrant Of The Day: Alan, Harvard College Class of 2009
Kevin R. Johnson writes "Our Immigrant of the Day is Alan, born in Mexico and whose mother brought him without immigration papers to the United States 19 years ago when he was a young boy."

Bloggings On Nurse And Allied Health Immigration
Christopher T. Musillo writes "Physical and Occupational Therapy positions are being approved without much incident, now that the Masters Degree issue has been resolved."

To submit an Article for consideration, write to


EOIR Issues Latest Disciplinary Actions
The EOIR issued its latest disciplinary actions: (6) attorneys were immediately suspended; 21 received final orders.


Help Wanted: Immigration Attorney
Midtown NYC - Attorney for nationally recognized immigration firm specializing in immigration for physicians, scientists, and business professions. Will train but experience with O-1's and EB-1's a plus. Please send resume + writing sample to

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News Roundtable: How We Refer To Immigrants
Experts and reporters gathered for a live video discussion on the language of immigration on Monday, July 13, to answer your questions about the use of the terms that describe illegal immigrants.

Study Slams Feds For Conditions At Immigration Detention Centers
Previously confidential reports from the American Bar Association on conditions at immigrant detention centers across the U.S. were analyzed as part of a scathing new study faulting the government for failing to meet its own standards at those facilities.

Revamping Employment Verification System Necessary, Says Schumer
"The only way the American people will have faith that our comprehensive immigration reform bill will stop illegal workers from obtaining jobs is if we implement an employment verification system that is tough, fair, easy to use, and effective and which relies upon a non-forgeable biometric identifier," he said.

NJ Supreme Court Says Bail Can Be Higher For Illegal Immigrants
The state Supreme Court today ruled that county prosecutors may seek bail increases on illegal aliens charged with crimes who they believe face imminent deportation.


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Readers can share comments, email: (up to 300-words). Past correspondence is available in our archives

Dear Editor:
Bravo many times over to David D. Murray's letter of (07/30/09 ID) describing what a ridiculous sham the labor certification process is and recommending that we increase visas and give market forces a chance for skilled workers. What is it that is holding us back from this simple and profoundly fair exercise in common sense? For an answer, read Jim Roberts' (07/30/09 ID) letter with its implied warning not to "dilute" the white race by allowing too much immigration by brown people. Even though the letters of Mr. Roberts and myself are at opposite poles about the solution, our letters both seem to agree about what the basic issue is in immigration - race.

Roger Algase, Esq.
New York, NY

Dear Editor:
ID again showed its true colors - ID did publish my letter (07/30/09 ID) about its lack of link to the actual NRA letter and its use of the extremely liberal DailyKos drivel as "analysis" of the said letter but it omitted (willfully?) the link to the letter I provided. This kind of "editing" undermines the purpose of the letter and eliminates any kind of reasonable discussion and thus, is very disrespectful to itsr readership and the writer.


Editor's note: Please note that letters to the Editor exclude links. Letters received with links are published without the links.

Dear Editor:
In the 07/30/09 ID issue there was information about the new address for a lawyer in New Orleans. Does that lawyer's address include a street number? Perhaps if you know that she is in the Poydras Tower that is all the info you need. I have cut and pasted the info on the lawyer for your info: As of August 1st, 2009, The Law Offices of Brenda J. DeArmas Ricci's new address will be: (note -- no street number is given) Poydras Street, Suite 2375, Poydras Tower, New Orleans, LA 70130

Pat Vacca

Editor's note: Thanks to our eagle-eyed reader for bringing this to our attention. The address was updated to include the street number.

Dear Editor:
I couldn't agree more with David D. Murray's (07/30/09 ID) letter about green card labor certifications. My understanding is that a labor certification is supposed to test the labor market in order to make sure that US workers are being given a fair chance to qualify for the job offered to the immigrant. But any lawyer for the employer or immigrant who handles this process in a way that actually gives even a single American worker a fair chance at the job might need to check his or her malpractice insurance.


Dear Editor:
First of all, I do want to compliment Janice L. Kephart Article which was well researched and informative, (7/29/09 ID Article). Clearly Ms. Kephart is an expert on Real ID. However, the Article neglected to mention the real reason why CIS commissioned this Article. As CIS's "Director of National Security Policy", Ms. Kephart works for Mark Krikorian, the Executive Director of CIS. Her boss's goal is his plan called, "Attrition Through Enforcement," one which he has been propagating for several years. His plan is for America to make life here impossible and untenable for undocumented residents, under the misguided assumption that if we make them miserable enough, they would be forced to return to their counties of origin, tail between their legs. Real ID, is the lynchpin of their stated agenda of promoting Krikorian's Attrition Through Enforcement scheme. Now, it is clear that if America would fully adopt Real ID now, "before" CIR, (something that CIS vehemently opposes), were to be passed and instituted, it would go a long way toward making Attrition Through Enforcement a reality. Ironically, as the Article concludes "States are working toward implementation, including putting millions of dollars toward improvements in their driver's license issuing systems. Stopping those efforts "now would simply waste money". However, since the current Real ID Act does not address or make biometric identification mandatory, and since the new CIRbeing developed by Congress will evidently include mandatory biometric ID provisions, one can conclude that the "millions" that states are using now to develop and implement Real ID provisions would be wasted "if" they were to proceed now, before CIRwill be implemented, since these states would have to scrap whatever has been done on an already outdated Real ID Act that does not address the future needs of biometric ID's.

Robert Gittleson

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