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Editor's Comments
News On PERM And Labor Cert Backlogs
DOL recently published its semi-annual regulatory agenda, a close reading
of which suggests that big news may be in the pipeline on both PERM and the
labor cert backlog reduction effort.
On the backlog reduction effort, which has already been funded to an
unprecedented level by Congress, the language is straightforward
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Interim Final Rule 07/00/04
Regulatory Flexibility Analysis Required: No
We read this to mean that DOL will publish an interim final rule this month
which would create two "backlog reduction centers" (a.k.a. DOL Service
Centers) in Dallas and Philadelphia. This would lead to a significant
reduction in labor cert processing times in the most backlogged states over
the next 12-24 months, with a comcomitant change in labor cert strategy for
many law firms (e.g. RIR may take even longer than traditional cases after
the backlog has disappeared!). This would also mark a further diminishing
of the SWAs' role in labor certs.
By contrast, the language on PERM is lengthier and more ambiguous
Anticipated Cost and Benefits: Preliminary estimates of the anticipated
costs and benefits have not been determined at this time. Preliminary
estimates will be developed after a decision is made as to what
regulatory amendments are necessary and after the implementing forms
and automated systems to support a streamlined permanent labor
certification process have been developed.
[ ... ]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/06/02 67 FR 30465
NPRM Comment Period End 07/05/02 67 FR 30466
Final Action 07/00/04
Regulatory Flexibility Analysis Required: Undetermined
The contrast in the language between the backlog reduction effort and PERM
is readily apparent. We read this to mean that DOL has hit roadblocks on its
PERM plans, but will take some "Final Action" later this month. This could
mean many things including that PERM needs to be republished as a proposed
rule for another round of comments, or that DOL may publish an interim rule
and fight it out in the courts. It is possible that DOJ/DHS have expressed
concerns on possible fraud under PERM, or other objections from OMB or the
employer community have stayed its hand somewhat. DOL is playing the cards
pretty close to its chest, and it is possible that considerations of
different constituencies within DOL may be at work.
Immigration Daily will keep you informed on developments on both the labor
cert backlog reduction and PERM.
ILW.COM Focus
Curriculum For "The Three Rs: Removal, Relief and Review"
The curriculum for "The Three Rs: Removal, Relief and Review" is as follows:
FIRST Phone Session on July 28th: "Please release me, Let me go..."
(Arrest and Hearing; detention issues, removal grounds, burden, defenses, suppression)
- Reason to believe, warrant, arrest
- Detention standards, habeas and "custodian" Rumsfeld v. Padilla
(S. Ct. June 21, 2004)
- Right to counsel, approach to practice, client representation,
developing the case
- Immigration judge duties, bias and recusal
- Hearing rights and meaningful exercise
- Burden of proof, "arriving alien," FOIA, exhaustion/making the
record
- NTA defects, notice & service, evidentiary insufficiency, res judicata
- Non-hearings: Stipulated hearing, expedited hearing, & reinstatement of removal
SECOND Phone Session on August 19th: "Crazy, these cases are making me
crazy...."
(More Defenses and Challenges in cases involving
domestic violence, inabsentia rulings, classified evidence, citizenship,
adjustment options, alternate dispositions)
- Stops and incrimination: Hiibel v. Sixth Judicial District Court
of Nevada, Humboldt County, (S. Ct. 6/21/04)
- Alienage and 5th amendment suppression challenges
- Negotiating with ICE, prosecutorial discretion, stipulation
- VAWA cancellation, adjustment, exceptions, waivers and deferred
action
- Classified evidence cases; closed hearings, no hearing
- Conviction "after admission," evidence of conviction, I-213, Jencks
Act
- New charges, effect of grounds not charged or proved on eligbility and
review
- Inabsentia motions, notice, exceptional circumstances, due diligence,
reopening
THIRD Phone Session on September 16th: "Stay - Just a Little While
Longer"
(Relief and review)
- Adjustment, voluntary departure, 212(c)/cancellation of removal,
212(h).
- Combined relief: Gabrelsky/Rainford adjustment, nunc pro tunc
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- Discretionary relief and Lopez v. Davis blanket standards
- AG mixing of statutory standards (Matter of Jean; Matter of K-A-;
Matter of Y-L-, et al.)
- BIA appeal standards, summary dismissal, NOA and streamlining,
remand
- Involuntary waiver of appeal; unlawful removal; self-deportation
- Petition for review jurisdiction and exhaustion standards under
section 242
- Habeas petitions, stays of removal
The deadline to register is Monday, July 26th. For more info, detailed
curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/july2004.shtm. (Fax version: http://www.ilw.com/seminars/july2004.pdf.)
Featured Article
Asylum Resource Series: Democratic Republic of Congo
USCIS Asylum Resource Information Center offers asylum information on Democratic Republic of Congo.
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Immigration Law News
DOL Publishes Semi-Annual Regulatory Agenda
The Department of Labor published its semi-annual regulatory agenda, including immigration-related provisions, especially labor certification related rule-making.
Lawsuit Filed Claiming US Failed To Provide Timely Legal Status Documentation
The Sacramento Bee reports "Immigrants have filed a class-action lawsuit saying they've lost their jobs, their ability to travel abroad and their peace of mind because the federal government has lagged in providing documentation that proves they're here legally."
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Classifieds
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Help Wanted: Experienced Immigration Attorney
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Immigration Law Conferences
CGFNS Hosts A Special Educational Initiative in Your Community - New U.S. Department of Homeland Security (DHS) Visa Regulations for Foreign Health Care Workers. As part of a major change in federal policy affecting hiring of foreign
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Help Wanted: International Legal Coordinator
International Legal Coordinator (multiple openings) - Bachelor's degree in Law, International Studies/Relations, or languages.
Requires 2 years' experience in preparation of business and work visa petitions and applications. Experience must include visas for foreign countries with diverse immigration systems. To apply, send resume to atlstaffrecruit@paulhastings.com. Include reference name: HR/IMM. No Phone Calls Please. Paul, Hastings, Janofsky & Walker LLP, 600 Peachtree Street, Suite 2400, Atlanta, GA 30308
We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters to the Editor
Readers are welcome to share their comments, email: editor@ilw.com.
Dear Editor:
Just a quick question to ICE and all it's hard core supporters. How many "undocumented" aliens have been found to be "terrorists" (vs. documented visa holders)? Please correct me if I'm wrong, but I believe the
profile of a terrorist does not include cooks, dishwashers, landscapers, etc.
Kim Mensah
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