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Immigration Daily

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Immigration Daily July 17, 2003
Previous Issues
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Editor's Comments

Many Items Of Interest

Today's issue of Immigration Daily has many items of interest. A bill to obliterate the L visa as we know it was introduced in the House of Representatives, we reproduce the full text in the item below. BCIS has extended TPS for El Salvadorans. Gary Endelman begins part 1 of a 2-part article on negotiated rulemaking in the immigration context. There is much more including, a BALCA decision, several cases from the federal courts, and letters to the Editor. Please scroll down to find the items of interest to you, and click on the links to get the original material.


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Featured Article

Go as Far as You Can: How Negotiated Rulemaking in Immigration Benefits America: Part 1 of 2
Gary Endelman writes "What happens after Congress leaves may be just as, perhaps more, important than what it does or fails to do while in session."

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Immigration Law News

BCIS Issues Federal Register Notice Of El Salvador TPS Designation
The Bureau of Citizenship and Immigration Services (BCIS) issued a notice extending TPS designation of El Salvador until March 9, 2005, and set forth procedures necessary for nationals of El Salvador with TPS to re-register and to apply for an extension of their employment authorization documentation for the additional 18-month period.

DHHS Delegates Authority To CDC
The Centers for Disease Control and Prevention of the Department of Health and Human Services delegated authority vested in the Secretary of Health and Human Services under section 412(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1522(b)(4)).

Text Of Bill To Obliterate L Visas
Rep. Delauro (D-CT) introduced the "L-1 Nonimmigrant Reform Act" (24 pps.), a bill proposing drastic changes to the L-1 program.

BCIS Memo On Waiving Oath For Naturalization Of Aliens With Disabilities
William R. Yates, Acting Associate Director of the Bureau of Citizenship and Immigration Services (BCIS) issued a memo to all regional, district, and service center directors, and all officers-in-charge providing comprehensive policy guidance on procedures for conducting examinations and waiving the oath of allegiance for naturalization applicants with disabilities.

BCIS Extends El Salvador TPS
The Bureau of Citizenship and Immigration Services (BCIS) issued a press release and FAQs announcing an extension of Temporary Protected Status (TPS) for El Salvador for a period of 18-months until March 9, 2005. Salvadorans who have been granted TPS must re-register during the re-registration period, beginning July 16, 2003 and thru September 15, 2003.

BALCA Says Employer's Belated Retractions Are Part Of Lack Of Good Faith Recruitment Efforts
In the Matter of Diamond Team International Inc., No. 2003-INA-112 (BALCA, Apr. 11, 2003), the Board of Alien Labor Certification Appeals said that the Employer did not conduct a good faith recruitment evidenced in part by its belated retractions.

DOS Lifts US Travel To Iraq
The Department of State issued a press release and also responded during a press briefing to its revocation of the restriction on the use of US passports for travel to, in or through Iraq, effective July 14, 2003.

Employment Concerns Do Not Amount To Well-Founded Fear Of Persecution
In Kharkhan v. Ashcroft, No. 02-2177 (7th Cir. Jul. 16, 2003), the court said that "her concerns that removal to the Urkraine would limit her employment prospects and expose her to the dangers of an uncontrolled criminal element, however justified as reasons for desiring to remain here, do not amount to a well-founded fear of persecution on the basis of any of the protected grounds."

Deported Haitian's Claims Are Moot
In Jolicoeur v. Ashcroft, No. 02-31178 (5th Cir. Jul. 16, 2003), the court said that Petitioner's claim was moot since he had been deported.

Chinese Petition For Review Denied On Grounds Of Credibility
In Jiang v. Ashcroft, No. 02-3955 (3rd Cir. Jul. 15, 2003), the court said that "we find no basis to take issue with the [Immigration Judge's] conclusion regarding credibility."

Misrepresentation On Deportation Consequences Meets First Strickland Prong
In US v. Couto, No 01-1636 (2nd Cir. Nov. 15, 2002) the court said that an affirmative misrepresentation by counsel as to the deportation consequences of a guilty plea is today objectively unreasonable and that such a misrepresentation meets the first prong of the Strickland test of ineffective assistance of counsel.

Bush Administration Considers Accepting North Korean Refugees
The Buffalo News of New York reports "Sen. Sam Brownback, [R-KS], has pressed the administration to make it easier to accept North Korean refugees. Last week, at Brownback's urging, the Senate voted to fix a legal technicality that has made it difficult for North Koreans to claim refugee status."

17 Arrested At Saratoga Race Course For Immigration Violations
The Boston Globe reports "Seventeen illegal immigrants working at the Saratoga Race Course were arrested by immigration officials and police in a raid early Tuesday."

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Books - Up To Date 8 CFR, Including 2003 BCIS Changes
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. For information on our various publications, see here. (A Supplement is provided Free of cost updating the 8 CFR Plus as of June 1, 2003. All BCIS related changes have been included in this Supplement as well as a complete index to ALL 8 CFR Sections updated as of June 1, 2003.)

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Letters to the Editor

Dear Editor:
I agree with Dr. Baer's letter when he says, "Prohibition today denies unskilled Mexican workers access to this country and to the jobs that need fulfillment. The prohibition does not work." Therefore, I propose a solution. Allow all Mexicans to come to the US to seek employment, without restriction, because they are nice, hardworking people who deserve a break that their own government has historically denied them. After all, our own President has said, "When we find a willing employer and a willing worker, we ought to match the two." Heck, I'm willing, anyone out there in Mexico willing to employ me? I don't speak Spanish, but I've got a strong back and I'll work cheap. And I agree with Dr. Baer that "Prohibition today denies unskilled Mexican workers access to this country and to the jobs that need fulfillment." And that's a shame, unskilled Mexican workers should be allowed access to this country. The citizens of the USA really should wake up and allow all Mexicans who have the desire to escape the abject poverty to which their own government has relegated them, to simply come up North and work. And why not? There seem to be plenty of jobs for them wherever they go, and lord knows they are everywhere. It is only Americans, who since President Bush took office, who are becoming unemployed at an alarming rate and everyone knows that Americans don't want those jobs anyway. I see no problem with allowing anyone who wants to work in the US to do so because, law or not, as Dr. Baer says, "Prohibition does not work.", and as he further says, "The patrons of the Speakeasies did not consider themselves violating the law (i.e. as being criminals). They saw a law that did not work." Let's face it, in this country of rugged individualists, many laws don't work, or at least don't work for me, and so any law that does not work for me, and my friends (on either side of the border) should be abolished. So, this afternoon, I am going to make a list of all the laws I don't like, the laws that don't work for me. And starting tomorrow, I am going to violate all the laws that prohibit me from doing what I like to do. I won't feel like a criminal when I violate these laws, because these laws don't work anyway or are mandates of law that are clearly wrong, to me. I expect that many Americans will not agree with me, but they will fight to the death to protect my right to say this, because that's the American Way. But I wonder if they will they fight to the death for me to save me from punishment if I violate the laws about which I speak? Or can I only speak, but not act? Hey, and while we are at it, I don't think much of that freedom of speech stuff either, Lenny Bruce be hanged, too many people get away with saying things I don't like or agree with. Abolish it. And the right to be free from search and seizure, why do we need that? If you have nothing to hide, you have nothing to fear, right?

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
You reported the US v Couto NDNY decision in 2001, but are you aware of the 2nd Circuit decision dated 11/15/2002? A friend of mine here in Albany casually referred to it tonight. After a little digging around, I located it on the Pace Law School venue for the Second Circuit. It is reported at 311 F3d. 179 (2nd Cir. 11/15/2002). Keep up the good work.


Editor's Note: The 2nd Circuit 2002 decision is summarized above. Thank you for your kind words.

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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