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Immigration Daily June 12, 2003
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Editor's Comments

OMB And Immigration

Immigration law is losing some friends in a very high place - the Office of Management and Budget at the White House. This office is akin to the CFO of the Federal Government, it controls the budget a/k/a the oxygen of every Executive Branch department and agency. What's more each and every regulation of the Federal Government must be okayed by OMB before publication in the Federal Register. The Director of the OMB, Mitch Daniels, who has publicly spoken in favor of immigration, is leaving soon (the rumor is that he will run for public office in his home state of Indiana). His Deputy Director, Mark Everson, has already left. Mr. Everson was Deputy Directory of the INS in 1987 and oversaw the implementation of IRCA at that time, giving him considerable experience in immigration matters. Without these knowledgeable people in key positions, we are unsure what course the new OMB will chart with new management this fall. We will be watching, and will report to our readers.


Registration Deadline Is Thursday, June 19th

Thursday, June 19th is the deadline to register for an important seminar on Adjustment of Status. This is a critical and perennially important part of the immigration process which has become unexpectedly and surprisingly complex. This comprehensive seminar will be useful to experienced practitioners and paralegals alike, with helpful strategic and practical tips. Recent developments in this area involve concurrent processing, portability, work and travel, status violations and the infuriatingly complex Child Status Protection Act. Being on the cutting edge will give you a competitive edge - just one case justifies the cost. The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the panel. This seminar is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). A word about the panel: Ron Klasko is one of the most popular speakers on immigration law in the country and will generously share his wisdom and experience with you. Joining him is Tammy Fox-Isicoff, who is an accomplished lawyer, and an energetic and dynamic speaker. The seminar is offered by phone, so law offices around the country can participate. The deadline to register is Thursday, June 19th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

VISIT Entry/Exit System Announced
Maurice Belanger writes "To the extent that the VISIT program is applied to all visitors and replaces the more nationality-specific NSEERS program, reaction has been positive, with qualifications. A number of questions remain unanswered."

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

BCIS Seeks Comments
The Bureau of Citizenship and Immigration Services issued a comment request for Form I-864, the affidavit of support under Section 213A of the Act and related forms I-864A, I-864EZ and I-864W.

Rep. Tancredo Says DOS Is Aiding Undocumented
During a debate in Congress, Rep. Tancredo (R-CO) said, "Mr. Speaker, it is not bad enough that foreign governments are brazenly distributing identification documents to their nationals in order to make it easier for them to violate our immigration laws, it now appears that our government is aiding in the effort."

Rep. Towns Honors Rita Dave, Immigration Lawyer
During a tribute to immigration lawyer Rita Dave in Congress, Rep. Towns (D-NY) said, "I rise in honor of Rita Dave in recognition of her dedication to improving the human rights in her community and throughout the world, especially among immigrant populations."

Conviction Not Eliminated For Immigration Purposes Where Court Vacates Alien's Conviction For Reasons Solely Related To Rehabilitation, Immigration Hardships
In re Pickering, 23 I&N Dec. 621 (BIA, Jun. 11, 2003), the Board of Immigration Appeals (BIA) said that "where the record indicated that the Defendant's conviction for possession of a controlled substance was quashed by a Canadian court for the sole purpose of avoiding the bar to his acquisition of permanent residence, the court's action was not effective to eliminate the conviction for immigration purposes."

BICE Says 5 Of Most Wanted Criminal Aliens Captured
The Bureau of Immigration and Customs Enforcement (BICE) issued a press statement where BICE Acting Assistant Secretary Michael J. Garcia said, "To those criminal aliens who have eluded apprehension in the past, be forewarned: BICE agents will seek you out, apprehend you, and remove you from the US. With continued public support, we will keep capturing dangerous criminal aliens as new names are added to the Most Wanted Criminal Aliens list."

Felony Conviction Is Aggravated Felony Even If Sentence Is Later Suspended
In US v. Demirbas, No. 02-3407 (8th Cir. Jun. 11, 2003), the court said that a felony conviction was an aggravated felony within the meaning of USSG 2L1.2 if the Defendant received a sentence of at least one year of imprisonment, even if the sentence was suspended."

Case In Odd Posture Transferred For Judicial Economy
In Lopez v. Heinauer, No. 01-3618 (8th Cir. Jun. 11, 2003), the court said that "the odd posture of this case indicates that we should remand it to the district court and direct that court to transfer the case back to us so that we can consider what is alrady before us in this appeal...For the sake of judicial economy, we will deem this case properly transferred to us."

Planes Equipped With Cameras Could Be Used To Monitor Undocumented US Border Crossings
The San Diego Union-Tribune reports that Claudia Smith, a lawyer for California Rural Legal Assistance said, "If the government chooses to seal the entire [Mexican-US] border, they are within their rights to do so," said Smith. "What they cannot do is channel migrants do their deaths by diverting them away from populated urban areas."

Labor Law Violations Are On The Rise
BusinessWeek Online reports "Labor law violations involving workers on H1-B visas, which are designed for skilled employees, have jumped more than fivefold since 1998, according to the Labor Dept. Back-pay awards for such employees have soared by more than ten times."

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Books - 2003 Edition 8 CFR Plus And INA
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. Not satisfied with your purchase? We offer a money-back, no questions asked, guarantee. For information on our various publications, please see this link.

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Letters to the Editor

Dear Editor:
I disagree with Immigration Daily's June 9, 2003, editorial introduction to the correspondence between immigration attorney Greg Siskind and an individual named Rob Sanchez. Sanchez apparently runs a website addressing issues relating to H1-B visas, and does not hesitate to venture into ad hominem attacks based on hate, anti-Semitism, anti-immigration, and animosity towards AILA. Ordinarily, I am too busy working on immigration issues and trying to achieve justice under the current law, to get involved in this level of questionable diatribe. I dare to presume that many of my colleagues feel the same. However, the tone and content of Immigration Daily's editorial comments on June 9, 2003, and the underlying "point-counterpoint" warrant a response. First, whatever one thinks of capitalism, the hateful rantings of "Rob Sanchez" in the exchange between Siskind and Sanchez are hysterical and objectionable. Apart from the merits of the exchange, Sanchez describes Siskind as the "enemy" and identifies Siskind by presuming to know his income and his religion. Second, for what its worth, Siskind "bit" and responded, sharing his personal reasons for practicing immigration law, and proceeded with a lecture about his view of the benefits of capitalism and libertarianism. He also went on and explained his personal views about his family background and his faith. He concluded with a discussion endorsing George W. Bush, Milton Friedman, and libertarianism. I do not agree with the views expressed by either Siskind or Sanchez, and I dare say, hopefully, the positions represented do not define the views of the majority of Immigration Daily readers, immigration practitioners, AILA, or those interested in immigration. I also do not presume to suggest to Immigration Daily what it might feature in its e-pages. However, I do take issue with Immigration Daily's editorial endorsement of the position of Greg Siskind (and, by default, Siskind's anti-immigration opponent) in the debate it has chosen to feature and the way in which it has chosen to feature it. Specifically, Immigration Daily declares that "many opposed to the H-1B visa are in fact socialists" and congratulates "Mr. Siskind. . . . [for bringing out] this oft-ignored point in detail and color." Having decided to publish the exchange, Immigration Daily misses the point and unfortunately and inappropriately further politicizes the issue. The question of whether support for H-1B status is or is not a mainstream position, or a view endorsed by established or prominent practitioners (as representative of the views of the immigration practitioner community), does not turn on whether one ultimately holds a view supportive of capitalism or socialism -- it certainly does not reflect whether one is a libertarian or a socialist. There are, undoubtedly, important issues related to H1-B status that warrant consideration, but whether one is a socialist or a capitalist are not among them. For example, issues of educational and corporate training opportunities for US citizens, including scholarships or aid enabling poor people or those released from prison after serving felony sentences to enter college, obtain scholarships, or study IT and other skills that may be in demand, are certainly important points that merit attention. The Immigration Daily editorial highlights what it apparently believes to be the fact that "many anti-immigrationists, including those opposed to the H-1B visa, are in fact socialists." What are you doing Immigration Daily? Do you wish to introduce or support the re-introduction of the McCarthyism of the 1950s as an adjunct to the current Bush administration policies? It is not such a long road from here to there. From your prior editorial positions, I cannot believe that is the case. There is absolutely no basis to take such a position, unless you are willing to swallow wholesale the "Rob Sanchez" view that only "socialists," ie, bad, 'evil' people, would oppose an H1-B program and only libertarians or pro-capitalists would support it.

Lory Diana Rosenberg
Defending Immigrants Partnership, National Legal Aid and Defender Association

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Marc Ellis, Gary Endelman

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