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Immigration Daily May 22, 2002
Previous Issues


Editor's Comments

Many of those who are pro-immigration find it opportunistic of those in the opposite camp to use fear of terrorism to further the anti-immigration agenda. However, no side in the immigration debate has a monopoly on using the political situation to further its ends. Before 9/11, President Bush's re-election strategy gave pro-immigration advocates a perfect context to push their agenda. Such seesawing of temporary political advantage is a fact of life of modern America. However, with the media currently full of warnings from everyone from the FBI Director to the Vice President to various other authorities that further destructive terrorist attacks are almost certain, we wonder whether another such attack will not fundamentally alter usual political maneuvering. Once before in our history, we had a moratorium on immigration. When, not if, another major terrorist attack occurs, such a moratorium may be foisted on the country by those waiting in the wings to do just that. Those who are pro-immigration should be mindful of this possibility. Two practical action items may be helpful: (1) continue to educate people about immigration and (2) prepare a plan of what to do to further the pro-immigration agenda when the next terrorist attacks come. This last particularly applies to the leaders in the immigration community.


ILW.COM Focus

Law Is Not Just an Art, It Is a Business

Most lawyers really like their craft. They take pride in knowing the ins and outs of the tomes of government policy and procedure, and in using their knowledge to help their clients. However, law is not just an art, lawyers must pay bills too. Whether they like it or not, most lawyers run what amounts to a small business. To run a small business well lawyers need to know about marketing, finance, fee-setting, disaster management and many other business issues in addition to knowing the law. A well-run law practice which generates a good profit will in fact free up the time lawyers need to improve their expertise in law. Profits buy you peace-of-mind. However, just as it takes effort to become good at knowing and using the law, it also takes effort to learn how to make good profits in your law practice. Which is why ILW.COM invited Ed Poll to present a telephone seminar on the BUSINESS of law. Ed practiced law for 15 years, and has helped many lawyers (including immigration lawyers) to improve their profits. His advice has helped solo practitioners, small partnerships, and also large firms. This seminar is interactive and full of practical, hands-on tips. In becoming a successful businessperson, you not only help yourself, you also help your employees and customers. Running an efficient business and making a good profit will even free up the time you need to take up deserving cases pro bono. Please click on the links below to learn about this seminar series. Don't delay! The deadline to sign up is May 26th. Click on the links now! (If you have a scheduling conflict, or have any questions, please e-mail seminars@ilw.com for assistance.)

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.


Featured Article

The ABCs Of Immigration - Affidavits Of Support
Gregory Siskind and Amy Ballentine write about the ABCs of Affidavits of Support.


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Immigration Law News

BALCA Says Establishing Preference For Spanish Does Not Establish Business Necessity
In the Matter of Las Tres Americas Services Inc 2002-INA-73 (Board of Alien Labor Certification Appeals, Apr. 16, 2002), the BALCA said that the Employer's counsel, in his Rebuttal letter, and the Employer's President, in his affidavit, fell "woefully short of establishing that the ability to speak Spanish is essential to this job." Instead, all the Employer established was a preference for Spanish. The employer did not establish business necessity for Spanish, and the denial of the labor certification was affirmed.

EOIR Disciplines 7 Attorneys
The Executive Office for Immigration Review of the Department of Justice issued a press release saying it had "taken disciplinary action against seven attorneys."

Registry Is Not Available To Alien With Record Of Entry
In Angulo-Dominguez v. Ashcroft, No. 00-15767 (9th Cir. May 21, 2002), the court held that relief under the Registry Statute is only available to aliens who do not have a record of entry, and that denial of relief to an alien who has a record of entry does not violate the equal protection clause since it meets the rational basis test.

Suspended Term Does Not Make Defendant Eligible For Downward Departure
In USA v. Gomez-Salamanca, No. 01-4806 (4th Cir. May 20, 2002), the court said that the District Court properly determined that the Defendant was not eligible for downward departure when two of three years were suspended because his term of imprisonment exceeded one year.

District Court Decision On Departure Is Purely Discretionary
In USA v. Corral-Sanchez, No. 01-3815 (8th Cir. May 21, 2002), the court said that District Court's decision not to depart downward based on Defendant's cultural assimilation was purely discretionary and therefore unreviewable.

Older Border Crossing Cards Must Be Replaced By October
INS announced that "with the enactment of the Enhanced Border Security Act, holders of the old border crossing cards, Form I-186 or I-586, now have until October 1, 2002, to replace them with the new biometric, machine-readable cards (DSP-150)."


Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/

Other Items

Matching Willing Workers To Willing Employers Will Help Secure Borders Against Terrorists
Writing in National Review, Dan Griswold of the Cato Institute says "Smuggling is almost exclusively an economic phenomenon, a kind of black market matching willing workers outside the United States with willing employers inside. Like bootlegging during Prohibition, it is the predictable response to a misguided government effort to criminalize otherwise normal and peaceful human activity. By realizing President Bush's stated goal of legalizing Mexican migration, we would eliminate most of those smuggling operations overnight. We would drain the underground channels through which terrorists might try to enter the country. Furthermore, we would free up law-enforcement and border-control resources for catching terrorists who want to blow up our buildings, rather than squandering those resources to intercept the Mexican construction workers who want to help us build them."

President Bush's Strategy To Woo Hispanics Is Working, Says Democratic Poll
A poll released today by the New Democrat Network shows President Bush's support among the Hispanic community has increased significantly, but "the immigration issue may very well be the Achilles Heel of the White House's Hispanic political strategy."

Rep. Tancredo Visits Mexico
The Denver Post reports on a visit by US Congressional Representatives (including Rep. Tancredo) to Mexico "U.S. officials who previously supported the whole enchilada "now are just giving us the cheese," said congressman Eddie Varon. Bush speeches about relations with Mexico "are beautiful," said congressman Ildefonso Guajardo, who joined Bush recently for Cinco de Mayo festivities. "But we don't have it in reality.""


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ILW.COM Chat

Chat with Mitch Berenson
Attorney Mitch Berenson will answer questions on all aspects of immigration law on Wednesday, May 22, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.


Letters to the Editor

Dear Editor:
Just in quick response to Mr. Greg Berk's letter on May 21, 2002. I think that illegal re-entry information is vital. I have been searching and searching for information and find that too many attorneys or discussion boards view illegal re-entries as an open and shut case and don't give much information. I would like to see all issues, including illegal re-entry represented on this wonderful site. I have received very beneficial resources through this website. Keep up the good work.

Name Not Supplied

Dear Editor:
I have read all your and other articles pro and against Immigration. I have not, however, to this date, read one single article which really focused on the most important issues, i.e.:

Would the majority of people in this country (American citizens or Resident Aliens) choose to arrest and deport all undocumented aliens?

Would that be a feasible measure? Supposing the answer to this question is yes, how much would that cost all of us, in terms of the manpower required and the cost to send all these undocumented aliens back to their countries, not to mention the cost of supporting them while they are in the INS Detention Facilities?

How would the deportation of undocumented aliens impact our economy, since they represent a large part of our work force?

Will it ever be possible to have completely safe, alien smugglers resistant boarders?

Will the new measures INS is trying to implement in relation to B1 and B2 visas help improve the security in this nation?

How long should a tourist expect to spend in the line waiting for inspection, if INS officers have the power to arbitrarily decide how long will his/her stay in this country be?

I could add a number of other practical issues that have never been contemplated by any of the many people who are reacting emotionally and out of fear. However, practical matters must be considered, in order to reach good, reasonable and acceptable decision for all concerned.

Isabel Thomas

Dear Editor:
If and when an extension of the 245(i) bill is approved and becomes law, it is my hope that someone on your staff will write an article explaining what it covers.

I understand that the law would benefit mostly separated families by allowing certain immigrants to sponsor immediate relatives by petitioning for their change of status without the latter having to leave the country.

The bill also includes a provision for employers to sponsor employees. Would this be something like “matching a willing employer with a willing employee” that the president refers to so often? How would an employer go about sponsoring his undocumented employee, say: an employer sponsoring a domestic…an employer sponsoring a care-giver…an employer sponsoring a restaurant service employee? What will be the involvement of the Department of Labor…of any other government agency?

Will all of this be in the purview of any immigration lawyer?

These are questions I am asked and to which I am not sure of the answers.

Richard E. Baer, D.V.M.


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. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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