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Editor's Comments
BALCA On Level 1 Vs Level 2
BALCA has found itself embroiled in a consideration of the fantasy world of
DOL Prevailing Wages, specifically on the infamous Level 1 vs. Level 2
issue. The language in the BALCA decision is worth quoting at length:
"To
compare the salary of a church music director with that of orchestra
conductors,
entertainment industry music directors and composers borders on the
ridiculous,
especially in this case given that the relevant locality includes the
Hollywood
entertainment community. Undoubtedly some churches may have quite
sophisticated
requirements for music directors, but common sense suggests that the skills
and
knowledge required to teach music and song to church members (most of whom
in
Employer’s case would be children) cannot be compared to the skills and
knowledge
required in the sophisticated professions which the SOC-OES survey system
has lumped
together for wage survey purposes."
The cobbling together of occupations with the new SOC-OES system certainly
makes it cost-efficient to produce wage surveys (since fewer occupations
need be surveyed), but in so doing the wages thus produced will be too high
for some of the occupations thus conjoined and too low for other
occupations lumped together in an SOC-OES code. Efficient DOL's Prevailing
Wage system may be, accurate it cannot be - for too wide a swath of
occupations is artificially combined thereby. BALCA here was compelled to
use common sense to arrive at the proper conclusion, attorneys may find
themselves increasingly in need of BALCA's review in prevailing wage
matters in the future. For the decision, Matter of True Love Presbyterian Church, No. 2003-INA-82 (BALCA, Sep. 3, 2003), please see below.
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Featured Article
New York Immigration Lawyer Wins Battle To Practice In Texas
Gregory Siskind writes "The Texas Bar's Unauthorized Practice of Law Committee has dropped a lawsuit that sought to prohibit New York-licensed immigration lawyer Dakshini Senanayake from practice in her new home of Houston."
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Immigration Law News
NYC Establishes Don't Ask, Don't Tell Policy On Immigration Status
New York City Mayor Bloomberg in signing into city law, Executive Order No. 41 said, "Not only does it strengthen and clarify Executive Order 34's "don't ask" policy for immigration status, it also adds a "don't tell" policy for a whole host of confidential information, including immigration status." For Mayor Bloomberg's remarks, see here.
Rep. Sensenbrenner Says Racial Profiling Has Dire Immigration Consequences
Rep. Sensenbrenner (R-WI) during a debate in Congress said, "The consequences of racial profiling for minority groups in the US, for Arab, Muslim, South Asian, and Sikh groups, and in the immigrations context are dire for individuals who are both innocent and guilty of criminal activity."
Immigrant Workers Freedom Ride
Both Rep. Sanchez (D-CA) and Rep. Filner (D-CA) voiced their support for the Immigrant Workers Freedom Ride with their statements before Congress.
DHHS Seeks Comments
The Administration for Children and Families of the Department of Health and Human Services sought comments on the Quarterly Performance Report (ORR-6).
BALCA Says Church Music Director Position Does Not Require Sophisticated Skills And Knowledge Of Hollywood Music Directors
In the Matter of True Love Presbyterian Church, No. 2003-INA-82 (BALCA, Sep. 3, 2003), the Board of Alien Labor Certification Appeals said that "...common sense suggests that the skills and knowledge required to teach music and song to church members (most of whom in Employer's case would be children) cannot be compared to the skills and knowledge required in the sophisticated professions which the SOC-OES survey system has lumped together for wage survey purposes.
SWA Visits Employer's Store To Ascertain Existence Of Job
In the Matters of City Blue Inc., No. 2002-INA-32 thru 36 (BALCA, Sep. 5, 2003), the Board of Alien Labor Certification Appeals considered a case where a "local representative", presumably for the SWA, conducted an on-site visit to the Employer's store to ascertain whether the Alteration Tailor job actually existed.
1st Circuit Says Curt Review Is Subject Of Debate
In Kiyaga v. Ashcroft, No. 03-1272 (1st Cir. Oct. 8, 2003), the court noted that "It is a subject of some debate whether we may review the BIA's decision to apply the streamlining regulation, itself." On the deciding issue in this case, the court said that "...Petitioner's [a Ugandan] inconsistent testimony regarding his participation in the killing of civilians was clearly relevant to an inquiry into the presence or absence of participation in persecution."
Mexico Asks For Advance Notice On Deported Alien Criminals
The Los Angeles Times reports "Frustrated that ex-convicts are appearing on their side of the border without warning, Mexican officials are demanding more notice when US authorities deport criminals after they are released from prison."
TJ Maxx Terminates 274 Undocumented Employees At Its Distribution Center In PA
The Observer-Reporter reports "Immigrants ineligible to work in the US comprised more than 50 percent of the work force at a T.J. Maxx distribution center in northeastern Pennsylvania, according to federal immigration agents, who ordered the company to terminate 274 employees."
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Letters to the Editor
Dear Editor:
I also disagree with your 9/30 analysis of the CA recall election as
also discussed on 10/7 by Michael D. If Davis had won, you would
attribute that to his pro-immigration policies, yet you avoid the
obvious in accepting that his loss represents a pro-restrictionist view.
Your conclusion is reached only by separating the anti-Davis vote, when
in reality, all of it represents a significant backlash against Davis
and Bustamante policies of pandering to illegals, causing much of
California's financial woes. Cruz received less than one third support
of the voters which is a devastating rejection of the excessive
immigration position. Even though the Governator may be more moderate
on the issue than McClintock, all of their supporters rejected the
pandering to illegals by Davis, et al. Justin Randolph's 10/7 wishful comment that, "Once again, mainstream America isn't using the ballot
box to punish the political representatives who support immigration",
has negated his "strongest evidence" rather promptly and dramatically.
That the American public overwhelmingly supports immigration controls
can be seen from a Roper ASW poll which this past spring found 85
percent in support of "requiring state and local government agencies,
and law enforcement agencies, to apprehend and turn over to the INS
illegal immigrants with whom they come in contact." Sixty-two percent
of respondents "strongly" agreed. Eighty-three percent support
"mandatory detention and forfeiture of property" for illegal aliens.
Seventy percent favor mandatory prison sentences, in addition to asset
forfeiture and removal, for immigration law violations. A recent
Arizona State University poll showed more than 70% support for the state
initiative to limit voting and some benefits to citizens only. See:
www.pan2004.com. Nevada just announced a similar initiative. Polls show
that CA's Prop. 187 would pass again today overwhelmingly. Mainstream
Americans continue to speak out on the topic. Special interests and elected officials need to realize that mainstream Americans are serious about restrictionist immigration reform and controls as yesterday's election clearly revealed.
R. L. Ranger
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qualified attorney. Send Correspondence and articles to editor@ilw.com. 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.
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