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Immigration Daily

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Immigration Daily Sep. 3, 2003
Previous Issues
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Editor's Comments

I-9s And Mass Legal Immigration

An article in the Rocky Mountain News says that "Nationally, the number of employers fined for hiring illegal workers or failing to verify their paperwork dropped from 808 in 1996 to just 13 last year." This is not because BICE is toning down its enforcement efforts, it is a matter of priorities. The article quotes Jim Chaparro, who heads immigration investigations in Denver "We're focusing on critical infrastructure and egregious violators - employers who hold people in substandard conditions, airports, nuclear power facilities, public utilities, military bases, criminals, alien smuggling, trafficking in persons, money laundering." BICE spokesman Garrison Courtney is quoted saying "We're more concerned about a person working as a janitor in a nuclear facility than as a janitor in a restaurant."

However, the anti-immigration lobby is unhappy with this list of priorities - Rep. Tancredo (R-CO) is quoted in the Rocky Mountain News article implying that terrorists could hide in the "flood" of undocumented immigrants. Mr. Tancredo's solution to this problem? "You have to go after employers who are hiring these people because then you will dry up demand." The obvious alternative solution of mass legal immigration with full security controls does not appeal to the anti-immigration lobby. The reason is equally obvious. The anti-immigrationists' priority is to restrict immigration, and they will use any fig-leaf - including national security - to achieve their aims. We believe that the correct direction for the country is to increase legal employment-based immigration, and that by fits and starts, Congress is moving in that direction. With Congress back in session, the Fall session will likely see some action on the immigration front. Immigration Daily will bring you the action as it unfolds.


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Featured Article

The Looming Crisis - Upcoming Changes to the H-1B and L Temporary Worker Programs
Lisa K. Yu and Bernard P. Wolfsdorf write "At a time when America needs to pick up its economy by reaching out to international businesses, Congress is taking a restrictive protectionist approach."

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Immigration Law News

BCIS Reminds El Salvadorans To Re-register For TPS
The Bureau of Citizenship and Immigration Services reminded eligible Salvadorans to re-register for temporary protected status (TPS) and employment authorization document (EAD) extension for 18 additional months, beginning on September 9, 2003 and ending on March 9, 2005.

BALCA Rejects Employer's Creative Wage Arguments
In the Matter of Le's Gardening & Landscaping, No. 2002-INA-00165 (BALCA, Aug. 13, 2003), the Board of Alien Labor Certification Appeals rejected the Certifying Officer's determination that Employer had not established that it was an on-going business because the CO provided no reason why the Employer's business license failed to establish that it was an on-going business. The BALCA also rejected the Employer's argument that it was able to pay the wages because it was actually paying the wages since the total wages offered by the Employer in addition to the business expenses listed on the tax return exceeded the gross income of the Employer and since Employer provided no alternative proof of ability to pay.

1st Circuit Says That Courts Are Not Required To Invariably Construe Immigration Statutes In A Draconian Manner
In Arevalo v. Ashcroft, No. 03-1135 (1st Cir. Aug. 29, 2003), the court found that the reinstatement provisions of IIRIRA cannot be applied retroactively to an illegal reentrant who had requested 245(i) relief before April 1997. The court also found that under IIRIRA, whether to grant stays of removal pending appeal are guided by essentially the same standard that informs the grant or denial of preliminary injunctions. The court also said that "we reject an interpretive rule that would require courts invariably to construe all immigration statutes in the most draconian manner that their words conceivably could support."

No Asylum For One Who Suffered No More Than Fellow Guatemalans During Civil Unrest
In Velasquez v. Ashcroft, No. 01-1741 (1st Cir. Aug. 29, 2003), the court said that the evidence clearly supported the Immigration Judge's finding that Petitioners suffered no more than thousands of other Guatemalans during the period of civil unrest and that the evidence did not compel the reversal of the Board of Immigration Appeal's finding that Petitioners were not targeted on any individual basis, much less on one of the five enumerated grounds.

Visa Delay Causes Hardships To Many
The Miami Herald reports "A growing number of businesses, hospitals and colleges say the strict rules adopted after Sept. 11, 2001, for getting US visas are causing them hardships in bringing in foreign workers, patients, scholars and students."

Immigration Attorney Is Sentenced 8+ Years For Immigration Fraud
The Miami Herald reports "A South Florida attorney was sentenced to more than eight years in federal prison for filing fraudulent immigration documents claiming his clients were executives in multinational companies."

Enforcement Of Immigration Violations Against Employers Declines, While Immigrant Enforcement Rises
The Rocky Mountain News reports "Immigration agents have virtually stopped punishing employers of illegal workers. Instead, they are arresting immigrants coming out of jails, packed into smugglers' vans or working at potential terrorist targets."

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Let Angelo A. Paparelli, Esq., serve as your immigration expert witness in litigation matters. He has been an expert witness in federal and state litigation across the country involving immigration law and procedure for many AmLaw 100 and smaller law firms, including Morrison & Foerster, Gibson, Dunn & Crutcher, and Kelly Drye & Warren. See here for the verdict of acquittal by the Court in United States v. Gopala Krishna, U.S. District Court in Los Angeles, June, 2001 where Angelo Paparelli provided expert defense testimony. With over 25 years of immigration experience, he has been included in the Best Lawyers in America editions of 1990-2003. Angelo Paparelli is an immigration law authority and a published author who can testify in business, family, tort, investment, and white-collar immigration issues. Member, California & Michigan State Bar. Wayne State Univ J.D.. University of Michigan B.A. For Angelo Paparelli's resume, see here. For more information, contact Angelo Paparelli at:, c/o Paparelli & Partners LLP, 4 Park Plaza, Suite 200, Irvine, CA 92614. Telephone: 949-955-5555.

Books - 8 CFR, Includes 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 have not received Immigration Daily since 8/22 at home and possibly 8/25 at work. Has anything changed? Is everything OK?

Charles D. Yates

Editor's Note: We have been sending out issues as usual. However, as you know, the Sobig.F worm has greatly amplified the volume of spam on the Internet. It may be that your internet service provider has upgraded their spam protections for your email account. We encourage you to get in touch with your ISP and let them know about non-receipt of Immigration Daily.

Dear Editor:
We could not open the link,,0829-ramos.pdf, that appeared in a recent Immigration Daily issue. When we double click it, only a blank page appears. Please clarify.

Sudhir Shah & Associates

Editor's Note: We tried the link and it works. You may be experiencing an Adobe Acrobat related problem. Such problems can often be solved by a reboot.

Dear Editor:

The following press statement was released by the Lawyers Committee for Human Rights.

As you may already know, our longtime colleague Arthur Helton was killed in Iraq last week in the bombing of the UN headquarters in Baghdad. Arthur worked at the Lawyers Committee for 12 years and built our refugee protection program. I am attaching a statement we released last week about Arthur, and his obituary from the New York Times. Weve been in contact with Arthur's wife Jacquie. We are compiling for Arthur's family a collection of personal remembrances and tributes from those who worked with him during his tenure at the Lawyers Committee. If you wish to contribute to this effort, please send your reflections to me. There will be a memorial service for Arthur on September 10 in New York. If you are interested in attending, and want further details, please let me know. Arthur's tragic death is an enormous loss to all of us. In the spirit of his lifelong dedication to human rights, let us all re-dedicate ourselves to that struggle.

Michael Posner
Executive Director, Lawyers Committee for Human Rights

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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