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Immigration Daily December 3, 2003
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Editor's Comments

CSS, LULAC: The Journey At Its End

The USCIS released the proposed settlements for LULAC and CSS. The proposed settlement will allow members of the two groups, CSS and LULAC, a period of one year to apply for legalization under the 1986 IRCA. This brings to a conclusion what began more than 10 years ago when a battery of class action suits were filed because the then INS denied qualified applicants under the 1986-1987 amnesty program. For the notices of proposed settlement, see below.


New Seminar On Entry/Inspection Issues

We are pleased to announce a new 3-seminar series "By Air, Land And Sea - When The POE Becomes A Brick Wall". The three sessions of this telephonic seminar will cover the Entry/Inspection issues including Canadian/Mexican border issues. The deadline to register is Tuesday, December 16th. For more info, see: (Fax version:

Featured Article

Legalization For Farmworkers Seems Close To Reality
Carl R. Baldwin writes "If this bill is enacted into law, some of our hardest working, most exploited, and most economically vital workers will finally be able to step out of the shadows and into the sunlight."

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Immigration Law News

USCIS Announces LULAC And CSS Proposed Settlements
The US Citizenship and Immigration Services released notices of proposed settlements in the CSS and LULAC legalization cases.

DHS Suspends Special Registration
The Immigration and Customs Enforcement of the Department of Homeland Security published its announcement in the Federal Register suspending the 30-day and annual interview requirements of the NSEERS program.

DHS Seeks Comments
The Immigration and Customs Enforcement sought comments on a memorandum of understanding to participate in an employment eligibility confirmation pilot program. The US Citizenship and Immigration Services sought comments on employment eligibility verification, Form I-9.

Text Of BE REAL Legislation
Rep. Tancredo (R-CO) introduced legislation entitled, "The Border Enforcement and Revolving Employment to Assist Laborers Act of 2003" (BE REAL Act of 2003) to enhance border enforcement, improve homeland security, remove incentives for illegal immigration, and establish a guest worker program.

Loss Of One Job Does Not Rise To Level Of Persecution
In Medhin v. Ashcroft, No. 02-4247 (7th Cir. Dec. 1, 2003), the court said that "although severe, state-sanctioned economic deprivation might rise to the level of persecution, Petitioner had alleged only the loss of one job due to his [Eritrean] ethnicity." The court noted that it was troubled that the IJ refused to consider the State Department Country Report for Ethiopia.

DHS Issues RFP For USVISIT Program
Government Executive reports "The government's most ambitious, and potentially lucrative, homeland security initiative got a major boost Friday, as the Homeland Security Department released a request for proposals to build a massive immigration tracking system."

Walmart Raid Harkens Back To Era Of Workplace Enforcement
The Clarion Ledger of Mississippi reports "When federal agents swept into Wal-Marts across the country and arrested 245 floor cleaners, they were reviving an increasingly rare practice."

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Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal for its Washington D.C. office. FDBL offers a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate has experience with all aspects of business immigration and will have the benefit of attorney supervision and guidance. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (RIR and traditional), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Paralegal will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. FDBL offers a comprehensive compensation package. Fax your resume + cover letter to Allison Bettridge, Office Manager, at 202-371-2898. For additional information, please contact Ms. Bettridge at 202-223-5515. FDBL is an equal opportunity employer.

Case Management Technology
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Letters to the Editor

Dear Editor:
I would like to ask you to check the BALCA case that appeared in the November 10, 2003 issue of Immigration Daily. For some reason, I cannot open it and the same situation has been for a week or two. Before, I didn't experience any problems. Thank you very much. Could you please let me know if I could do something? I checked with our IT Department and they said it is not my computer. I am having trouble again. Could you please check the following again?

Elena Elkina
Immigration Assistant, Hale and Dorr LLP

Editor's Note: Due to recent changes by DOL, those with Adobe Acrobat Reader 4.x or lower will experience problems opening pdf files from the BALCA and the OALJ. You may want to upgrade for free your Adobe Acrobat Reader to 5.0 or higher.

Dear Editor:
Here is a District of Oregon decision and order granting Petitioner's writ of habeas corpus and immediate release from ICE custody where the issue was the retroactive application of a BIA decision that changed the definition of an "aggravated felony" and, therefore, affected an individual's eligibility to seek cancellation of a removal order.

Baolin Chen, Attorney at Law
Chen & Mu, Portland, OR

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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