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Immigration Daily June 13, 2003
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Editor's Comments


Thanks to an eagle-eyed reader, (see letter to the Editor below) we discovered that in our series of articles on Race, Nationality, and Reality, we misreproduced Part 6 and Part 7. The changes for Part 6 and Part 7 have been made to correct the error. At the conclusion of all our multi-part series articles, we reproduce a finale that combines all the multi-part series into one continuous article for those readers who are interested in having the complete article. Our finale series for the Race, Nationality, and Reality series will appear in the next issue of Immigration Daily.


The PERM Session - Curriculum For Final Session Of ""Labor"-Intensive Immigration Practice: Advanced DOL Strategies On The Eve of PERM"

The PERM Rollout: Are you and your clients ready?

Should we REALLY expect publication by "late Fall" with effective date by the end of 2003?

How will DOL Rollout PERM?

Will they offer beta testing of technology to corporate stakeholders and attorneys?

What will happen to:

Related occupations?
Schedule A (the pre-certified category)?
Business necessity?
Jobs requiring a combination of education and experience?
  • To what extent will PERM resemble RIR or an Attestation-Driven Process?
  • Will print ads still be mandatory?
  • How will PERM "audits" differ from traditional supervised-recruitment procedures?
  • How will DOL ferret out labor certification fraud?
  • How will conversion to PERM operate?
  • How does DOL plan to operate a two-track system of PERM cases and backlog reduction of RIR and standard cases in an era of "auto-remands"?
  • Should you try to pre-qualify your cases for PERM right now?
BCIS Perspectives on Labor Certification Issues:

BCIS interpretation of the Schedule A requirements,
H-1B extensions beyond Six Years: Who qualifies? Who loses?

  • Delayed labor certification adjudications and the impact of new DOJ Appropriation Act amendments to AC-21
  • Reconciling the new statutory provisions with the BCIS Headquarters April 24 memorandum
For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

DHHS Launches Physician Waiver Program
Gregory Siskind provides an overview on today's Federal Register announcement concerning DHHS's J-1 Physician Waiver Program, along with some helpful points.

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Immigration Law News

DHHS Announces Availability Of J-1 Visa Applications
The DHHS Exchange Visitor Program of the Department of Health and Human Services (DHHS) announced the availability of applications to request waiver of the two-year foreign residency requirement for physicians with J-1 visas who agree to deliver health care services for three years in primary care or mental health Professional Shortage Areas (HPSAs) or medically underserved areas or populations (MUA/Ps).

DHS Issues Final Rule Addressing Parole Authority
The Department of Homeland Security (DHS) issued a final rule to continue the process of conforming the text of Title 8 of the Code of Federal Regulations to the governmental structures established in the Homeland Security Act (HSA) and Reorganization Plan. This final rule addresses parole authority under section 212(d)(5) of the INA.

BICE Says Alleged Somali War Criminal Loses Immigration Status For Acts Committed In Past
The Bureau of Immigration and Customs Enforcement (BICE) issued a press statement that stated an Immigration Judge in San Diego, California yesterday ordered the deportation of an individual from the US. This is believed to be the first case involving the termination of immigration status for an alleged Somali war criminal based on atrocities committed in the past.

Petition Denied As Premature Where No Deportation Ordered
In US v. Pichardo, No. 03-6370 (4th Cir. Jun. 11, 2003), the court said that Petitioner's petition was denied without prejudice as premature because neither the Attorney General nor the INS had ordered his departure. The Petitioner had sought relief under 28 USC 2241.

Georgia's 3-Tiered Drug Statute Can Constitute Drug Trafficking Offense
In US v. Madera-Madera, No. 02-000290CR-2 (11th Cir. Jun. 10, 2003), the court said that the district court properly concluded that Defendant's prior felony drug conviction under Georgia law constituted a "drug trafficking offense" under USSG 2L1.2(b)(1)(A)(i) of the Sentencing Guidelines because Georgia's three-tiered scheme treated an elevated amount of drugs as equivalent to an intent to distribute and thereby traffic.

District Court's Decision Not To Depart Is Unreviewable
In US v. Vera-Navarro, No. 03-1090 (8th Cir. Jun. 12, 2003), the court said that "given the district court's explicit recognition of its authority to depart, its decision not to depart was unreviewable."

Special Juvenile Immigrant Status From BCIS May Save Student From Deportation
The Key West Citizen of Florida reports "The 17-year-old girl who arrived from Poland at the age of 8, blonde and wide-eyed, clinging tightly to her mother's hand and trying to decipher an unfamiliar language, is seeking Special Juvenile Immigrant status from the Bureau of Citizenship and Immigration Services."

Attorney General Ashcroft Defends Detention Of Undocumented
The New Haven Register of Connecticut reports that Attorney General Ashcroft defended tougher legislation related to undocumented aliens saying, "People violating the laws of immigration are subject to being asked to leave the country. We have not detained anyone who was not charged with a violation."

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Letters to the Editor

Dear Editor:
I want to thank Lory Rosenberg for her thoughtful response to the articles and editorial captioned "Immigration and Socialism Are Opposities." I fully agree with the points she made.

Lisa S. Brodyaga

Dear Editor:
Regarding Ms. Rosenberg's Letter to the Editor in the June 12, 2003 Immigration Daily, I respectfully dissent, although I will refrain from writing 40 pages. Ms. Rosenberg states that "Immigration Daily misses the point and unfortunately and inappropriately further politicizes the issue." It is Ms. Rosenberg that misses the point, which is; "the fact that most anti-immigrationists consider themselves on the political right should be cause for embarrassment [for those on the right]." It is an embarrassment and unless and until those of us "on the right" raise our voices the only voices heard will be those anti-immigrationists claiming to be conservatives and those on the left making it a self fulfilling prophecy by branding every anti-immigrationist a "right winger." Many years ago the late Richard Estrada ( spoke to the Heritage Foundation. The title of his presentation was something along the lines "Why the conservative movement should change its position on Immigration." Since then pro-immigration voices on the right have been silenced by the shrill voices of people like Peter Brimelow and Michelle Malkin. By pointing out to others on the right that these anti-immigrationists are in lock step with the environmental extremists, zero and negative population growth people and Caesar Chavez type labor union leaders will give those people on the right pause. They will not be so ready to believe all the lies and distortions people like Malkin put in print on a regular basis. They will ask for more facts and when all the facts are available to them I believe they will end up on the pro-immigration side. You see Ms. Rosenberg, the Immigration Daily editorial wasn't addressed to you. It was addressed to me and people like me to get us off our behinds and start speaking out. I for one intend to do so.

Eugene J. Flynn

Dear Editor:
It seems to me that many of the anti-immigrants believe illegal immigrants should not be rewarded for breaking the law, and that giving them amnesty will only encourage more immigration. To the first, what is this law that they have broken? I am an honest abider of the law, but even I must scoff at this self-rightousness. Have these immigrants killed anyone? Why are we acting as though some sacred code has been broken? "Oh, we must not reward villains of the law" Martin Luther King Jr. broke laws. In fact, he said that to be free to break unjust laws was what created a just society. The phrase "rewarded for breaking the law" makes me want to laugh and cry. Reward? What reward? Ohhhh, those governmental benefits we Americans hoard like gold? Those benefits we refuse to let illegal immigrants even catch a glimpse of? These immigrants are not pathetic cripples who need help. Just give them a chance to fend for themselves. They will work and pay taxes and get their own benefits. Do not speak of rewards when all you've done is take things away from them. Depriving them of work, drivers' licenses, college education. How are they supposed to make an honest living? You will, if not already, drive them to the streets- to crime. And as for amnesty encouraging more immigration, how dare you stuff all illegal immigrants in one crowded bunch? What do the illegal immigrants in America have to do with others? If amnesty encourages more immigrants, it is the problem of those "more". They should be dealt seperately. We should not punish some for the actions of others. I know that the illegal immigrants have broken the law coming here. But think of their reason- to make a better life for themselves and their children. I think we should just accept the ones that have already been living here a while. What's done is done. And was it so bad?

Name Not Provided

Dear Editor:
In attempting to put together the 8 part series by Ms. Smith, I noticed that 6 of 8 did not appear, as far as I have been able to determine, from my own files and Immigration Daily. It appears that "6 of 8" was released, but the issue is actually 5 of 8. In searching Immigration Daily one finds multiple copies of 5 of 8, but not 6 of 8. I'm considering including the 8 part series in an undergraduate class on the Politics of Migration and so I'm interested in the complete set.

Luis F.B. Plascencia
The Universtiy of Texas at Austin

Editor's Note: Please see Editor's Comments above.

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Marc Ellis, Gary Endelman

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