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Comment
Good Bye, Mr. Ashcroft
Attorney General Ashcroft has resigned and will stay on only until his
successor takes office. President Bush has announced that his nomination to
succeed Mr. Ashcroft will be Alberto Gonzales, currently White House
General Counsel. While we rarely stray from immigration law in our
comments - the announced departure of Mr. Ashcroft is an important occasion
to reflect upon Mr. Ashcroft's actions as Attorney General.
Post-9/11, Mr. Ashcroft had to do a difficult job that was made
particularly difficult by the President's order to him to pre-empt future
acts of terrorism on American soil. This was an unprecedented duty to
burden the DOJ with, and future experience may well show that DOJ, and
especially its largest enforcement arm - the FBI, is not the appropriate
institution to discharge such duty. By his aggressive approach to
immigration issues, he has sown the wind - his successors will reap the
whirlwind of reaction from the bar, and more importantly - from the federal
judiciary.
We believe that Mr. Ashcroft was and is ill-informed on the bedrock
American principle of liberty. In remarks before the Eighth Circuit Judges
Conference in August 2002, Mr. Ashcroft said " ... we cannot allow those
who would destroy America [to] use our liberties as weapons against us. In
order for there to be liberty in America, there must be an America." He
went on to advocate "ordered liberty" which he described (correctly) as
"the structure that, by directing and constraining the actions of
individuals, allows us each the freedom to achieve the potential that is
within us." Where we believe Mr. Ashcroft erred egregiously was in
believing that the only proper understanding of liberty in the American
tradition is "ordered liberty". In fact as David Hackett Fischer
demonstrates in his book "Albion's Seed: Four British Folkways in America"
there are four distinct strands of liberty that taken together constitute
the American understanding of liberty - "ordered liberty", "hegemonic
liberty", "reciprocal liberty" and "natural liberty" (we recommend Mr.
Fischer's book to those interested in exploring this issue further). As Mr. Fischer describes in his book it is the tension between these four different concepts of liberty that vitalizes all of them and keeps liberty alive. These
four distinct threads of liberty combine to form the fabric that is the
American inheritance.
Why is this important? Because, by elevating his own concept of liberty
over all the others, Mr. Ashcroft has diminished liberty in America, not
enhanced it during his tenure. And when liberty is diminished all Americans
suffer - Democrats and Republicans alike, conservatives and liberals alike.
We have warned before in this space that the powers that the Attorney
General had grabbed for his office could well be used in the future against
those cheering him on - including the anti-immigrationists. So, if and when
Mr. Tancredo finds himself placed in expedited removal for suspicion of
being a terrorist from Kryptonistan - well, we told you so.
We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.
Focus
Nurse Immigration (In cooperation with CGFNS)
The curriculum for "Nurse Immigration (In cooperation with CGFNS)" is as follows:
FIRST Phone Session on November 18th: DOL Issues, USCIS Issues
- Dealing with Retrogression of EB3 numbers for India, China and the
Phillippines (likely to happen in Jan 2005)
- Dealing with delays at USCIS and NVC
- Arbitrary requirements by USCIS
- Impact of DOL Transitional Guidance and PERM on Nursing occupations
SECOND Phone Session on December 13th: State Licensure Issues
- Variations of state licensure of internationally-educated registered nurses
- Obtaining social security numbers
- Canadian nurse licensed by endorsement without NCLEX-RN
- License by endorsement state-to-state
THIRD Phone Session on January 13th: VisaScreen Issues, Consular Processing Issues
- Elements needed to obtain the VisaScreen Certificate
- Qualifications for a 212(r) Certified Statement
- Qualifications for the Streamline Process
- Provisional considerations for the Canadian Trade NAFTA registered nurse
- Current issues in Consular Processing of Nurses
The deadline to register is Wednesday, November 17th. For more info, detailed curriculum, speaker bios, and registration
information, see: http://www.ilw.com/seminars/november2004.shtm. (Fax version: http://www.ilw.com/seminars/november2004.pdf.)
Article
Tapping Into Americans' Desire To Emigrate After President Bush's Re-election
Cyrus Mehta shares an internal strategic planning memo issued the day after President Bush was reelected to a second term.
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News
White House Press Briefing On Immigration
During a White House press briefing, White House Spokesman McClellan said, "[President Bush] remains committed to [guestworker] proposal.
USCIS Announces Backlog Reduction Update
The USCIS issued a press release announcing that it had completed 600,000+ cases received in the first three quarters of FY 2004.
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Classifieds
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Morgan, Lewis & Bockius LLP, a large international law firm, is seeking an
experienced Paralegal to work directly with the Immigration Practice Group
in our Washington DC office. Candidates must have at least two years of business immigration experience
in employment-based immigrant and non-immigrant categories. Candidate must
possess strong organizational, research and writing skills. Knowledge of PC applications and flexibility to work overtime are required. An undergraduate degree is required. We offer an excellent compensation and benefits package, outstanding work
environment, and comprehensive support to enable our Immigration Paralegals to assume significant responsibility, including contact with clients. Please email: rmckinney@morganlewis.com or fax: 202-739-3001 your resume to Robin McKinney. EOE.
Help Wanted: Immigration Attorney
Fast-paced, nationally recognized immigration law firm based in Washington, D.C., seeks a highly motivated, detail-oriented associate. Immigration experience, strong organizational, research, writing & interpersonal skills required. Spanish fluency a plus. Great opportunity for individuals interested in challenging, exciting work. Competitive salary/benefits. Visit www.maggio-kattar.com. Send resume, writing sample, salary requirements + references to Amal Talhame at: Maggio Kattar, 11 Dupont Circle, N.W., Ste. 775, Washington, DC 20036 or atalhame@maggio-kattar.com. No calls please.
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Letters
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Dear Editor:
I would like to know the charges for the seminar "Unraveling The Mysteries In Adjustment Of Status".
Marilyn D. Dimas, Esq.
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comingsNgoings
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comingsNgoings To Date
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