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Immigration Daily

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Immigration Daily August 14, 2009
Previous Issues
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Obama Sets A Time

President Obama recently announced that immigration reform would come to the floors of Congress early in 2010. Immigration advocates have every reason to be apprehensive at this statement, heres why.

Legalization and other major immigration benefits have lost 4 times in Congress this decade twice we won in the Senate but did not clear the House, and twice we cleared neither chamber. The first time was on 9/11, when Al Qaeda murderers dashed all hope for immigrants whose 245i extension bill was to be voted on in the House that morning, the bill had already cleared the Senate earlier that week. The second time was when McCain-Kennedy cleared the Senate with the largest marches our country has seen in the post-Vietnam era (but racist House Republicans voted for Mr. Sensenbrenners bill to imprison soup kitchen volunteers instead of joining the Senate in Conference). The third time was with Kennedy-Kyl which lost by a big margin in the Senate, since it was overly harsh. The fourth time was with DREAM, which we lost by 5 votes in the Senate (effective votes, that is for example, Mr. Specter who voted against DREAM, did so only because he wanted DREAM as part of CIR).

So, immigration advocates have certainly waited a long time - the effort to modernize our immigration laws dates back to the late 1990s when the AFL-CIO voted to support immigration reform. And there is every reason to be concerned about the shape of future Congresses. The map for the next Congress will be more friendly for the GOP, since opposition parties usually do well in mid terms. A swing of a few percentage points in the national mood will bring the anti-immigrationists of the Republican party back in force in short order, and perhaps into power by the Congress after next. If we cannot get started with major immigration benefits in the current Congress, it is unlikely that any future congress will be friendly for a long time.

It is essential, therefore, that immigration advocates make the most of the fleeting political opportunity afforded by the fact that those supportive of immigrants in Congress have the votes to deliver. It is essential to work with the powers that be, but also essential to heed the larger historical forces which compel a reasonable observer to recognize that the prize in reach right now may not be achievable if we wait too long. The die on timing is now cast with Mr. Obama's statement. It is up to those in charge in both Chambers to ensure that the subcommittee and committee schedules are such as to enable the President to keep his word. Immigration advocates should lobby for markups to begin soon.

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


The Immigration Compliance Book

The Immigration Compliance Book, Editors Angelo A. Paparelli, L. Batya Schwartz Ehrens, and Dan Siciliano features the following:

  • Sections: Understanding I-9 Concepts, I-9 Advanced Topics, Employer E-Verify Considerations, E-Verify Advanced Topics, DHS Enforcement Through ICE Raids and Audits, Specialty Topics
  • Sample Proposed I-9 Policy and Procedures, Sample Form I-9 Verification Procedures Guideline for Employers, Sample Checklist for I-9 Audit and Correction Guidelines
  • Critical Resource Materials: Selected Statutory Provisions, USCIS Memos, Executive Orders, USCIS Publications on I-9s and E-Verify, USCIS Press Releases/Q&As/FAQs, etc
  • Resource Materials on CD-ROM: 100+ Relevant Cases from OCAHO, BIA, Federal District and Circuit Courts, Important Statutes, Regulations, Forms, Weblinks, etc.
  • 750+ pages, 850+ footnotes
  • 33 authors: Adam Ketcher, Angelo A. Paparelli, Bonnie K. Gibson, Cynthia Lange, Cyrus D. Mehta, Dan Siciliano, Douglas D. Hauer, Francis E. Chin, Greg Wald, Jason Burritt, Jay Jorgensen, John Fay, Johanna Marmon, Julie Pearl, Justin A. Rymer, Kevin Lashus, Kristin Major, L. Batya Schwartz Ehrens, Laura Danielson, Loan Huynh, Lynn O. Tarran, Maggie Murphy, Matthew Warren, Michael Patrick, Michael J. Wildes, Olivia M. Sanson, Philip C. Curtis, Richard Gump, Robert F. Loughran, Steve Trow, Susanne C. Heubel, Susan Kelly, Vinh C. Trieu
For more info on this book, see here (fax version, see here).


Bloggings On Updates In Immigration Law
Carl Shusterman writes "Yet, the question remains, what happens to the priority date when the daughter married?"

Bloggings On Nurse And Allied Health Immigration
Christopher T. Musillo writes "The key question is whether the ENSRA will ever be acted upon."

Immigrant Of The Day: Elizabeth Arden of Canada
Kevin R. Johnson writes "Her cosmetics company continues to operate today, with its current "face" Catherine Zeta Jones."

To submit an Article for consideration, write to


USCIS Director Sworn In
Alejandro Mayorkas was sworn in as the Director of U.S. Citizenship and Immigration Services (USCIS) during a ceremony at USCIS headquarters in Washington, DC.


Help Wanted: Immigration Paralegal
Washington, DC - Fragomen, Del Rey, Bernsen & Loewy seeks an experienced Paralegal for its D.C. office. This is a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidates have 2+ years experience with all aspects of business immigration, including H-1B and L-1 visas, PERM, Immigrant Visa Petitions, and Applications to Adjust Status. The Paralegal will have the opportunity to manage caseloads with a large degree of independence; communicate with clients regarding procedural and case processing issues; update and maintain client status reports; prepare bills; and serve as a team resource. Very competitive salary and benefits for the right candidate. Please email your cover letter, resume, and writing sample (Word or Adobe formats only) to Robert F. McCafferty, Human Resources/Office Manager, at Or fax same to 202-371-2898. EOE.

Help Wanted: Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks experienced attorneys for its Refugee and Asylum Law Division in Washington, D.C. Responsibilities include, but are not limited to, advising the Division Chief, the Chief Counsel, and USCIS on issues relating to US immigration laws and international treaty obligations, and providing legal advice on domestic asylum law and practice, overseas refugee resettlement programs, temporary protected status, and the Convention Against Torture. J.D. degree, active bar membership, 1+ years of post-J.D. experience required. For full details enter COU-CIS-2009-0007 here. Applicants must submit (1) writing sample (5 pps. max) (2) resume (3) cover letter, to All submissions must be received by close of business on August 14, 2009. GS-13/15. Position open until filled. No relocation allowance offered.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney with experience in immigration law and training for the Training and Knowledge Management Division (TKMD). Responsibilities include, but are not limited to, the development of course materials and delivering of instruction, developing and managing content with the USCIS Knowledge Management Center, and serving as an advisor to the Chief of the TKMD, the Chief Counsel, and to USCIS on issues relating to immigration laws. J.D. degree, active bar membership, 3+ years of post-J.D. experience and experience in classroom instruction required. For full details enter COU-CIS-2009-0006 here. Applicants must submit (1) cover letter (2) resume , (3) two writing samples (10 pps. max) to OR Mail to: Janice Neetenbeek, Chief, Training and Knowledge Management Division, OCC, U.S. Citizenship and Immigration Services, 8801 N.W. 7th Ave., Suite 2012 Miami, Florida 33150. Applications faxed or submitted through USAJOBS will not be considered. All submissions must be received by close of business on August 14, 2009. GS-13/15. No relocation allowance offered.

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.

Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160. The Forensic Psychology Group provides nationwide expert witness services in all areas of immigration law. It is led by Stephen Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical psychologists and attorneys, and also AILA members. The Group's experts - all licensed psychologists or psychiatrists - have extensive experience in working collaboratively with immigration lawyers on a wide range of forensic psychological issues. We offer nationwide service in the following areas: psychological consultation, psychodiagnostic evaluation, psychological reports, expert witness services, courtroom testimony, political asylum evaluation, extreme and exceptional hardship evaluations, spousal abuse, citizenship waivers. Dr. Stephen Reich, the Group's founder and director, is a nationally known forensic psychologist who holds a BA, JD, and MBA from Columbia University, and an MA and PhD in Clinical Psychology from Fordham University. He has been on the faculty of Weill Cornell Medical College and on the Attending Staff of New York Presbyterian Hospital for 30+ years. Visit The Forensic Psychology Group. The right experts make a real difference.


Man Sentenced For Leaving Water In Desert
A judge has ordered a Tucson man to pick up trash for 300 hours after he was caught leaving jugs of water in the desert for illegal immigrants.

Springs Business Ordered To Stop Scamming Immigrants
The Immigration Center in Colorado Springs has been ordered by the El Paso County District Court Wednesday to stop posing as or claiming affiliation with the federal government.

County Sends Feds More Illegal Immigrant Suspects
Montgomery County says its detention center has turned over 325 suspected illegal immigrants to federal authorities so far this year.

America's Broken Immigration System
Ultimately, the Obama administration must seriously commit to immigration reform that ensures that ICE and DHS comply with sensible and fair regulations which afford individuals rights that are currently detained by an inefficient and morally bankrupt system.


Readers can share professional announcements (up to 100-words at no charge), email: To announce your event, see here

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


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

Dear Editor:
Amen to Haydee Pavia's letter (08/10/09 ID) which not only deflates the off hand conflation of culture and race common to both the anti-immigrants among bigots and the diversity industry, but also contains what may be one of my all time favourite quotes - "I didn't come to this country to see it turned into the mess that I left behind." I left Canada behind and my parents had just a few years earlier fled the Socialist Republic of Czechoslovakia before that. Man, can I relate. I came to the United States because it is different from other countries. As for Sheriff Joe Arpaio, the one who makes inmates wear pink, while I think him a populist and not to my liking, predictions of his demise seem to be grossly premature. and Wikipedia references to "Sheriff Joe" both contain the following quote: "Arpaio continues to enjoy the support of Maricopa County voters, who reelected him sheriff by double-digit margins in 1996, 2000, 2004 and 2008. In 2007 a petition to recall Arpaio from office failed to gain enough voter signatures to get on the ballot. In a survey taken by the Walter Cronkite School of Journalism and Mass Communication while the petition was in circulation, nearly three out of four respondents opposed the recall, and 65 percent of the respondents held a positive opinion of Arpaio.[6]" Don't count him out just because most lawyers and journalists cannot stand him. Most lawyers and journalists felt the same way about Boris Yeltsin and had a soft spot for Mikhail Gorbachev. Who won?

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
You may have missed the forest for the trees with your heavy coverage of the birther lunatics (08/13/09 ID comment). In spending way too much time on this issue, you have not devoted any coverage of President Obama's recent statement that CIR would have to wait until 2010 or after health care reform is completed. Given how 2010 is an election year and health care reform is headed for imminent glorious failure, the implications of this announcement should have sent shudders throughout the advocacy community. Instead, the silence from the advocacy community, which is apparently still in the midst of collective ecstasy over Mr. Obama's election, has been deafening. The advocacy community needs to awaken from its slumbering inertia and realize that President Obama is not the friend of CIR that he claims to be. It's not his issue, so he will not be expending more than a minimal amount of political capital in getting it done. Furthermore, given how President Obama has lost control over his signature health care reform issue, the advocacy community should not assume that he will be any more successful in pushing CIR. Although the advocacy community likes President Obama's politics and likes what he represents, it's time to face reality. President Obama's lack of real interest in CIR should come as no surprise. Now that President Obama has confirmed the hints that have been coming from Chief of Staff Rahm Emmanuel for some time that CIR is not in the forefront of his mind, the advocacy community needs to overcome its cognitive dissonance and have its moment of clarity. The advocacy community needs a reality check and a new strategic vision on how to actually accomplish CIR. Waiting for President Obama to smile upon us is a recipe for failure.

Brandon Meyer
Solana Beach, CA

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