ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.


Immigration Daily November 5, 2002
Previous Issues
The unmatched news resource for legal professionals. Free! Join 9000+ readers


Editor's Comments

Today's Featured Article "Use Of The Social Security Fraud Statute In The Battle Against Terrorism (42 U.S.C. § 408(a)(7)(A)-(C))" by John K. Webb, a Special Assistant US Attorney, has many points on immigration-related matters. Among them:

  • An individual who wrongfully uses or misrepresents a social security number can also face criminal penalties under 18 U.S.C. § 1001, which makes it a criminal offense to make false statements in any matter under the jurisdiction of any federal department or agency of the United States... [This includes] false attestations and/or statements made to employers on I-9 forms for the purpose of satisfying a requirement of § 274A(b) of the Immigration and Nationality Act, 8 U.S.C. § 1324(b), and false statements made on applications for FAA security badges, passports, visas, or asylum applications.
  • Direct evidence is not always necessary in order to prove that a defendant intended to use a social security card or number for deceptive purposes. Mere possession of a social security card or number that does not belong to a defendant is sometimes sufficient to support a finding that the defendant intended to deceive.
  • The Ninth Circuit has held that an alien’s use of a false social security number to further otherwise legal conduct is not a crime of “moral turpitude.”
  • It is not necessary that the false use or representation of a social security number have a detrimental effect in some way on the government to be actionable... Any use of a false social security number on non-federal documents is still actionable under § 408(a)(7)(B)... Further, it is not necessary to prove that the defendant used a false social security number for payment, gain, or pecuniary value.
The article includes lengthy sections on "Rampant misuse of social security numbers among individuals living or operating illegally in the United States" and "Operation Tarmac." Post-9/11, the tentacles connecting immigration law to a variety of sundry matters number more than that of a multi-headed hydra. Social security matters are among the more important of these tentacles. All those interested in immigration law, especially its post-9/11 enforcement, will find this article interesting reading.


ILW.COM Focus

200,000 Attorney Searches Per Year!

Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to webmaster@ilw.com. Alternatively, if you prefer to list yourself on-line, please click here: http://www.ilw.com/membership/.


Featured Article

Use Of The Social Security Fraud Statute In The Battle Against Terrorism (42 U.S.C. § 408(a)(7)(A)-(C))
John K. Webb, Special Assistant US Attorney, Central District of California and District of Arizona writes on social security fraud with a detailed discussion on immigration-related matters.


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/

Immigration Law News

DOL Dismisses LCA Matter
In the Matter of Maxim Group, No. 2002-LCA-00026 (OALJ, Oct. 31, 2002), the Office of Administrative Law Judges dismissed the case pursuant to a joint motion to dismiss by the parties.

President Bush Says House Immigration Sub-Committee Chairman Should Secure Border, Track Immigrants
During a speech in Harrisburg, PA, President Bush said "we've got a man like George Gekas, who's the Chairman of the House Subcommittee on Immigration and Border Control and Claims. Seems like to me it makes sense if your country is under attack to keep him in that important position. After all, one of his jobs is to make sure our border is secure, that we know who's coming in and who's going out and what they're bringing, and whether or not what they're bringing could hurt the American people."

DOJ Changes NSEERS Policy Toward Canadian Citizens In Response To Canadian Complaint
The Department of Justice issued a press release stating “in response to concerns previously expressed by the Canadian Government about the National Security Entry-Exit Registration System (NSEERS), in late September the US changed the treatment accorded to those individuals who were born in the countries listed in the regulations and who are Canadian citizens. Place of birth, by itself, will not automatically trigger registration."

"S" Visa Rule Now Final
The Department of State adopted as final the interim rule creating the nonimmigrant visa classification,``S'', for certain alien informants and witnesses.

Lozada Applies Absent Reasonable Explanation For Failure To File Bar Complaint
In Chmakov v. Ashcroft, No. 01-1574 (3rd Cir. Nov. 4, 2002), the court denied the Petition for Review since the Petitioners did not comply with applicable circuit precedent requiring a reasonable explanation for failure to file a bar complaint while alleging ineffective assistance of prior counsel.

Extending Immigration Stop For Signs Of Narcotics Trafficking Violates Fourth Amendment
In US v. Portillo-Aguirre, No. 01-50476 (5th Cir. Nov. 1, 2002), the court held that a Border Patrol agent unlawfully extended an immigration checkpoint stop of a commercial passenger bus passenger to look for signs of narcotics trafficking, in violation of the fourth amendment.

Rep. Lamar Smith's Anti-Immigration Stance And The Election On Tuesday
The Texas Observer reports that Rep. Lamar Smith's (R-TX) "record on immigration is barely even a campaign issue. It should be."


Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info: http://www.ilw.com/membership/

Classifieds

Labor Certification Advertising
DOL Recruitment for Clients: Do you place labor certification advertisements on behalf of your clients? USADWEB, LLC is the premier ad agency designed with the immigration attorney's needs in mind. Our job is to make your job easier. Our knowledgeable staff has experience with all types of recruitment media including newspapers, journals, Internet, college recruitment and more. We will provide you with expert guidance on placing advertisements and the lowest costs available from any publication. We offer one stop service and accountability for the entire advertisement recruitment effort. Our job is done only when we have mailed your client's tearsheet or affidavit to you. You can leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: We will help you establish a recruitment pattern that is acceptable to the Department of Labor (DOL). Simply describe your advertisement needs to us, and we will work hard to satisfy those needs. We offer a wide range of services and bring to the table expert knowledge in DOL compliant advertisement. We work with you to help assure your certifications. Have you been asked to re-advertise based on industry layoffs? With only 35 days to respond to the DOL, you need tearsheets quickly. We make these situations simple and easy for you by providing prompt, efficient service and aggressive follow-up with publications to help ensure you get what you need to complete your case in timely fashion. Regular Labor Certification (RLC) Advertisements: Labor issues are constantly changing. With layoffs prevalent in many industries, many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing SWA (SESA) advertising instructions and placing advertisements. We will proofread your advertisements and place them promptly in the next available publication as SWA instructed. Give us a chance to handle your clients' recruitment needs. We will impress you! USADWEB, LLC; Email: Howard@usadweb.com; Tel: 1-866 USADWEB (1-866 872-9938); Fax: 410-580-5417

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Letters to the Editor

Dear Editor:
I must add my critique to that of David Murray's regarding Immigration Daily's myopic editorial of Nov. 1st. To view the Haitian boat landing only in economic terms and ignoring other considerations cannot be justified, nor as Murray concludes, can this agenda be helpful in the need to reform INS policies. America cannot absorb unlimited numbers who may wish to come here outside of legal methods as Murray superbly points out. Popular writer, Sam Francis adds clarification to this: "The Open Borders lobby has managed to get many Americans to believe that the economic impact of immigration is the only way to evaluate it and the policies that created it. Even by that standard, we'd have to grade it with an "F". The larger truth is that by importing not only low skills but also the culture that produced the low skills, the immigrants may endanger the whole cultural foundation of an advanced economy --- an economy whose high technology, work ethic and managerial and organizational skills distinguish it from the burros and grindstones that drag the economies of Latin America, the Middle East, Africa and most of Asia. What we are now beginning to learn the hard way is that the immigrants may not only have imported themselves --- they may also have imported the culture that impoverished them and their countries in the first place."

It is a gross over-simplification for President Bush or Immigration Daily to frame the current foreign invasion merely in terms of a willing worker and employer or a supply and demand problem. What about a willing American worker, who before massive government spending including welfare that forced employers to seek cheap labor, was perfectly willing to perform any job at a livable wage. What about the taxpayers who must bear the burden of the many social costs of excessive numbers of legals and illegals. What about the rights of existing citizens to determine the nature of their own society including the limitation of foreigners. These and other concerns are left out of your view. Should Washington ever limit itself to expenditures as authorized by our Constitution, the resulting economic blast to our economy would preclude the present pressure on business to continually engage in the short sighted policies of sending businesses abroad or the replacing and/or filling of jobs with foreigners. This is not what built America.

No reform can work that only addresses the "needs of employers" and ignoring other even more important parameters. Proper reform would include absolutely securing our land, air and sea borders and reducing and tracking of all visitors. Temporary visitors, workers, illegals or students must at some point leave and any application for permanent residency or citizenship must originate from another country besides ours. "Birth" citizens by illegals must be eliminated as well as "chain" migration by families that allows foreigners to usurp our sovereign right to determine the numbers that we can properly assimilate consistent with the security of our nation. It is foolish to put the wants and needs of aliens above that of our own citizens to say nothing of being un-constitutional!

R. L. Ranger


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

© Copyright 1999-2002 American Immigration LLC, ILW.COM


Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: