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Immigration Daily

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Immigration Daily March 21, 2003
Previous Issues
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Editor's Comments

IRCA Strategies for Employment Immigration: Hot Issues in I-9s, Hiring Discrimination, OSC, etc.

The I-9 form is the single largest application of immigration law. No other immigration form impacts more people - both citizens and aliens. No other provision of our immigration law touches more employers than the I-9 form. While the form appears straight-forward, the underlying issues and accompanying procedures can be quite complex. ILW.COM's new seminar series "IRCA Strategies for Employment Immigration: Hot Issues in I-9s, Hiring Discrimination, OSC, etc." seeks to unravel the complexity surrounding I-9s and its related issues. Led by the head of the IRCA group at the largest immigration law firm in the country, it features distinguished government panel speakers, includinig representatives from OCAHO, INS General Counsel, and other government agencies. Immigration enforcement has increased with the organization of the Department of Homeland Security and employers will likely continue to be "soft targets". All employers, including those downsizing and reducing their workforce, are impacted by I-9s, making employment immigration enforcement one of the few bright spots in today's immigration law practice. For more info about this seminar series, including detailed curriculum, speaker bios, and registration information online, click here. (For more info, including detailed curriculum, speaker bios, and registration information by fax, click here).


Registration Deadline Is Monday, March 24th!

ILW.COM's new seminar "IRCA Strategies for Employment Immigration: Hot Issues in I-9s, Hiring Discrimination, OSC, etc." will be led by Cynthia Lange, head of Fragomen, Del Rey, Bernsen & Loewy P.C.'s IRCA Compliance Practice Group. She will be joined by several of her distinguished colleagues at the Fragomen firm (the largest immigration law firm in the country). Also joining her is Ellen Thomas, Administrative Law Judge at the Office of the Chief Administrative Hearing Officer (OCAHO). Another featured speaker is Linda Dodd-Major, who was the creator and director of the INS's Office of Business Liaison. Yet another featured speaker is Anja Przybylski of the INS General Counsel's Office. Many other nationally prominent speakers will be announced shortly. The curriculum for this seminar series is as follows:

FIRST Phone Session on March 27:

What's new in I-9 enforcements and case law?

  • Recent INS sweeps; What industries are targeted and who is affected?
  • Update on recent I-9 case laws
  • Where is the new I-9 forms and I-9 regulations?
  • Creative I-9 solutions for difficult situations
SECOND Phone Session on April 22:

Criminal I-9 enforcement and could it affect your clients?

  • What kind of criminal charges are U.S. attorneys filing?
  • How to protect your client from criminal I-9 charges
  • Recent criminal cases across the country
THIRD Phone Session on May 6:

Avoiding discrimination at the time of hiring: What advice to give your clients?

  • Is document abuse still alive?
  • What questions may you ask in recruiting
  • Discrimination considerations in terminations and reductions in force
  • Balancing national security and discrimination concerns

For more info, including detailed curriculum, speaker bios, and registration information online, click here.
For more info, including detailed curriculum, speaker bios, and registration information by fax, click here.

Featured Article

Registration, Reorganization Redux
Steven D. Heller, Esq. writes "If past truly is prelude, there may be some cause for hope amid the general immigration gloom."

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:

Immigration Law News

DOS Seeks Educational Proposals
The Office of Academic Programs of the Bureau of Educational and Cultural Affairs of the Department of State announced an open competition for the South Pacific Scholarship Program. Programs must comply with J-1 visa regulations.

Final Regs for Widows and Children of September 11 Victims
The Department of State issued a final ruling, effective March 20, 2003, expanding the definition of immediate relative under the INA to include the widows and children whose spouses/parents were victims of the September 11, 2001 terrorist attacks.

DOS Clarifies Replacement Visa Reg
The Department of State makes final the Department's interim rule pertaining to the issuance of replacement immigrant visas and is effective March 20, 2003.

UN Observers Exempt from Visa Fee
The Department of State makes final the Department's interim rule which extended the waiver of the visa application and issuance fees to B-1 visa applicants coming to the United States as participants in their U.N. observer missions.

Extended Visa Validity Benefit Eliminated Under IMMACT 90
The Department of State issued a final ruling eliminating the extended visa validity benefit for certain aliens who qualified under section 154 of the Immigration Act of 1990, (IMMACT 90) since this extension can no longer be granted. Section 154 of IMMACT 90 permitted certain aliens resident in Hong Kong to extend the validity of their immigrant visa up to January 1, 2002.

EOIR Announces Class Action Settlement Which May Benefit Pre-97' Suspension Of Deportation Applications
The Executive Office For Immigration Review of the Department of Justice issued a Federal Register Notice, effective March 20, 2003, with details of the settlement agreement which allows eligible class members to apply for "renewed suspension" under the standards that existed before April 1, 1997. Click here for the EOIR issued news release.

Exclusions For Explosive Materials Include Aliens
The Bureau of Alcohol, Tobacco, Firearms and Explosives of the Department of Justice issued an interim final ruling with request for comments, amending the regulations of the Implementation of the Safe Explosives Act, Title XI, Subtitle C of Public Law 107-296. The amendment included aliens on a list of others prohibited from the transport, possession, and distribution of explosive materials.

Rep. Davis Proposes SENTRI Extension
During a debate in Congress on the Safe Border Act, Rep. Davis (D-CA) said, "My bill ensures the continuity of SENTRI as the INS and Customs Department transition into the DHS, and reinforces recent agency action by permanently extending the SENTRI renewal period from 1 to 2 years--enabling border agents to process new applicants and reduce the current enrollment wait."

Attorney General Ashcroft Welcomes Honors Program Attorneys
In his welcoming speech to the new attorneys selected for the Attorney General's Honor Program, Ashcroft said, "Since 1953, attorneys recruited under the Attorney General's Honors Program have distinguished themselves in every area of the law." Click here for the Attorney General's Honors Program Attorneys For 2001-2002.

DHS Defends Targeting Of Iraqi Nationals In US
The Department of Homeland Security issued a press release defending its actions as part of Operation Liberty Shield. The release stated that "The Iraqis targeted as part of [Operation Liberty Shield] were identified using a range of intelligence criteria and all are in the country illegally. Because the operation is ongoing, we are unable to release further details at this time."

OALJ Approves Settlement Agreement In H-1B Matter, $14K+ To Be Paid In Back Wages
In the Matter of Computer-Aided Engineering Technology, Inc., No. 2003-LCA-1 (OALJ, Mar. 19, 2003), the Office of Administrative Law Judges (OALJ) approved the settlement agreement and consent findings, resolving all issues raised by the OALJ, including: failure to post notice of the LCA filings, failure to pay required wage rate for non-productive time, and failure to pay the required wage rate by taking illegal deductions.

Right To Object To Alien Designation Waived Where No Objection Made
In US v. Rojas, No. 02-1461 (2nd Cir. Mar. 7, 2003), the court said that Defendant's request that his presentence report be altered to reflect that he was a national of the US, and not an alien was based primarily on his completion of the citizenship application, not on whether or not the application was granted. The court also said that Defendant waived any right to object to the presentence report when his counsel made no objection to the alien designation at sentencing.

Loosen Immigration Laws To Punish France
The Wall Street Journal's Editorial Page writes, "There's a better way to punish France. It's time to use immigration laws as an instrument of foreign policy, and Rep. David Dreier (R-CA), a respected internationalist who chairs the House Rules Committee, may introduce legislation to that effect."

US Regulations Increase Detention Powers Of Law Enforcement
The Washington Post reports that "Attorney General John D. Ashcroft has issued orders that allow FBI agents and US marshals to detain foreign nationals for alleged immigration violations in cases where there is not enough evidence to hold them on criminal charges".

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The Law Office of Sheela Murthy, P.C., comprised of over 45 full-time professionals, seeks attorneys with 3+ years of Business Immigration experience to sustain growth and to service recently expanded areas of our immigration practice. We are looking for smart, energetic, motivated people who want to be a part of our dynamic team of professionals. The selected candidate should possess excellent writing and communication skills, have an eye for detail, and the ability to work independently. Strong interpersonal skills required. Please feel free to send us your resume (treated in confidence) along with a cover letter to: We are located in Owings Mills, Maryland - a 20 minute drive from Baltimore. For more details, visit

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Letters to the Editor

Dear Editor:
We think the premise of ILW.COM's editorial, that supporting the war is will be good for immigrants, is mistaken. Putting to one side the merits of the war, your editorial risks the very harms you complain about, namely, connecting immigrants with a particular point of view. While you are right to point out that in times of war immigrants often stand accused of lacking patriotism, not all supporters of patriotism are pro-war. In fact, a poll released today on New York One shows that by a 51-35% margin, residents of New York oppose the current war. It is quite possible that antiwar patriots could use your editorial as evidence that Bush's war is being waged on behalf of immigrants, especially those from countries the support Bush's war effort or appear, in the eyes of antiwar patriots, to stand to benefit from the war. Given the heated political climate in New York City (and the rest of the country) the best course for immigration advocates is to refrain from taking a position on the war, just as you would do not (we assume) take positions on abortion, the separation of church and state or the death penalty. None of this, however, should be taken as a criticism of your right, as editor of ILW.COM, to take a pro war stance. But if you choose to do so you should do it on the merits, rather than arguing that such a stance will help immigrants. We do not think it will.

Robert A. Kahn
Jacqueline Baronian

Dear Editor:
ILW.COM's editorial supporting this obscene war is shameful.

Jeff Dillman
Cleveland, Ohio

Dear Editor:
Great commentary on the war.

Name Not Supplied

Dear Editor:
The Editor's theory that the war in Iraq is a good thing because it will diminish terrorism and advance the cause of immigration is seriously misguided. First of all, there is good reason to fear that the preventive attack on Iraq will not reduce, but rather stimulate and increase acts of terrorism against the US and its citizens. Second, those who now confuse immigration with terrorism are unlikely to abandon that article of faith even in the unlikely event that acts of terrorism were to abate. I wish our Editor had listened to the advice that the Mexico City daily La Jornada had given on March 1 to President Vicente Fox as he considered whether Mexico should support the war: "For many citizens it is unthinkable that a hypothetical agreement on immigration would be used to justify the death of thousands of innocent Iraqi children." In my opinion, at least, a hypothetical increase in societal appreciation for immigrants and immigration should not be used to justify a war that teeters on the brink of immorality and illegality, and may kill some of our young soldiers, and perhaps many more still younger Iraqi civilians.

Carl R. Baldwin

Dear Editor:
I don't think that I have ever disagreed before with ILW.COM's editorial views. But you have never been so wrong. As far as I am concerned, the innocent blood of all of the people who will be killed in this war, American and Iraqi soldiers and civilians, (and perhaps American civilians) are on the hands of everyone who is supporting it. I am particulary surprised that people like you who have a broad international perspective can take this position. Don't you relize that everyone in the world outside the US is strongly against this war? And for good reason. It took a president who had hardly ever been outside the US before he took office to come up with something as stupid and immoral as this. Its only the myopic American mind, raised on cowboy and World War II movies, who is in support. The countries who know what war is like, like France, Germany and Russia, of course, firmly oppose it. No one who understands international relations and who cares about human life can support such a supremely evil act. No serious religious leader, of any religion, anywhere in the world, to my knowledge, supports it. Its morally wrong and from a purely geopolitical point of view wrong. People outside the US will remember us for a long time for this.

Steve Traylor
Princeton, New Jersey

Dear Editor:
Mr. Alexander wrote "...if immigration truly causes prosperity or is such an important factor in it, why is it that Mexico doesnt throw open its borders to immigrants from the rest of Latin America? Why does India object to its illegal immigrants from Bengladesh (sic)?" Mr. Alexander makes his point correctly and eloquently; these two relatively poor countries refuse immigration and remain poor.

Dave Anderson

Dear Editor:
If Congress had wanted to protect those who filed for 245i from deportation, it could have by writing those protections into the bill. It chose not to. It is, or should be, up to Congress, representing the people of the US, to make these decisions, not the INS or BCIS or whoever is enforcing immigration laws these days. It is Congress which is accountable to the voters, not your local INS agent.

Ali Alexander

Dear Editor:
Deportation is the method Mr. Ranger can advocate for use in his final solution; but the method needs a plan to carry it out. Just how would one carry out the mass deportation of some eight to ten million undocumented immigrants now in this country? In WWII, ten large permanent detention (concentration) facilities plus many more temporary ones were needed to round up and detain just some 120,000 Japanese-American detainees, referred to at the time as enemy aliens. The Nazi used this very same Dachau concentration camp together with the Auschwitz concentration camp in their final solution for eliminating over 6,000,000 Jews, Gypsies, homosexuals and other non-conformists. They soon found these facilities werent sufficient so they had to resort to gas chamber killings and cremations to empty out the camps when full to make room for more detainees. Extermination was their final solution. If the Nazi, as efficient as Germans are, were overwhelmed with the handling of 6,000,000 detainees, how can over 10,000,000 detainees for deportation be handled? How to handle just the logistics of the round up, the setting up of concentration camps, the commandeering of all of the railroad cattle cars and boxcars, buses and trucks need to handle this multitude of people? What can be done with the many, many immigrants who have no place to return to? Mr. Ranger gives me credit for my proposal to reduce the number of Mexican immigrants in the country. Enactment of my proposal would reduce the numbers of these immigrants by millions, something he wants; and allow these millions to be reunited with their loved ones after so many years away, something I want. We can compromise on this. I go through the above scenario to impress upon readers the utter impossibility of mass deportation as a "final solution" to the ills of immigration. 10,000,000 immigrants are almost 100 times the number of Japanese-Americans detained in WWII, and two times the number of Holocaust victims exterminated by Nazi Germany. A plan is needed not just a method.

R.E. Baer

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 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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