Arizona's anti-immigration Proposition 200, which would require proof of citizenship when applying for public benefits, will become law soon. However, it is likely that lawsuits will be filed preventing it from taking effect, and it is also likely that most or all of Proposition 200 will be found to be unconstitutional.
Proposition 200 is a spiritual offspring of California's controversial Proposition 187, but it also differs from Propostion 187 in two respects.
- In 1994, California voters acted on Proposition 187 in sympathy with concerns reflected throughout the country which culminated in IIRIRA. Arizona's Proposition 200, however, is uniquely a response to the unregulated border traffic in Arizona and is not symptomatic of the national sentiment.
- Ten years after Proposition 187, the Republican party in California is still suffering from the fallout. This time, the Republican party is split and prominent Arizona Republicans such as Sen. McCain, Rep. Flake, and Rep. Kolbe all opppose Proposition 200.
Today's Featured Article on Proposition 200 (see below) is by Tamar Jacoby, perhaps the finest intellectual in immigration policy today. We commend Ms. Jacoby's writings to Immigration Daily readers.
We welcome readers to share their opinion and ideas with us by writing to email@example.com.
PERM Softly Creeping: Backlog Reduction, Regional Processing And Other Troubling Sounds Of Silence
For years now, U.S. employers and immigration lawyers have been waiting in
fearful anticipation. Apprehensively, we anticipate the oft-promised,
long-delayed arrival of the Labor Department's PERM regulation - the new
"streamlined' regime governing U.S. labor-market testing.
While "mum's [still] the word" on the contents of PERM, or even the
confirmed date of its publication, other profound developments will soon
transform labor certification practice. These significant changes loom on
the immediate horizon
Urgent questions arise but the government to date has responded only with
the sounds of silence:
- Two "BRCs" (Backlog Reduction Centers) have been established in Dallas
- Mildewed cases filed years ago are now being trucked from the State
Workforce Agencies to the BRCs, reportedly for "first-in, first-out"
- The Alien Employment Certification staff at the SWAs have been
assigned other duties or given pink slips.
- SWAs will no longer process labor certifications but merely provide
prevailing wage determinations.
- Non-Government Contractors operating under a performance agreement
have two years to plough through the backlog.
- Whether or not PERM arrives before year-end as promised, starting no
later than March, 2005 ALL applications must be filed and adjudicated at
the two NPCs (National Processing Centers).
- Meantime, the State Department predicts a retrogression of priority
dates in January, and immigration attorneys and employers must decide on
strategies for today's cases.
- Is "Reduction in Recruitment" still a viable strategy?
- Can we afford to await the time required for pre-filing
- Will "Traditional" labor certification cases be processed more quickly
than the RIRs in light of the new backlog-reduction initiatives?
- How long will be the after-life of "business necessity", "experience
gained with an affiliated employer abroad" and other common-law
enhancements to labor-certification practice?
- Will the Labor Department's new fraud-prevention measures unfairly
entangle and delay legitimate cases?
- How should we prepare our submissions so that newly-trained
contractors do not wrongly reject or deny applications?
- What can be done to challenge inflated prevailing-wage determinations
once the 95% rule is history?
- How do we best position our cases to allow conversion or upgrading to
the new PERM process?
In this newest tele-seminar, PERM Softly Creeping: Backlog Reduction,
Regional Processing And Other Troubling Sounds Of Silence, ILW.COM is
pleased to present the nation's leading experts who will provide
up-to-the-minute information and suggested practice strategies.
Because PERM rules could be published at any time, however, the
program agenda and the content of the sessions will be adjusted to
accommodate an in-depth analysis of the final PERM rule as soon as the PERM
rule is published.
FIRST Phone Session on December 16th: Detailed agenda will be
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SECOND Phone Session on January 10th: Detailed agenda will be
adjusted as necessary.
THIRD Phone Session on February 10th: Detailed agenda will be
adjusted as necessary.
The deadline to sign up is Tuesday, December 14th. For more info, detailed
curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/december2004.shtm. (Fax version: http://www.ilw.com/seminars/december2004.pdf.)
The Message Of Proposition 200
Tamar Jacoby writes "Having spent a good part of the fall listening to Arizonans talk about immigration, I worry that the message [of Proposition 200] they sent is being misinterpreted."
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DOL Issues Region 5 Reorg Memo
Byron Zuidema, Regional Administrator issued a memorandum to SWAs detailing the latest staffing structure in Region 5.
DOS On Closing Of American Embassy In Skopje, Macedonia
During a Department of State press briefing, DOS Spokesman Boucher responded to the question, "Can you explain to us why your Embassy in Skopje [Macedonia] was closed to all but essential business today, and why Americans were told to stay away from the Embassy and all U.S. Government facilities in the capital?"
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Readers are welcome to share their comments, email: firstname.lastname@example.org (300-words or fewer preferred).
A recent letter requested assistance finding a recent country report for mainland China. There is a document that may be the one she is looking for, titled the 2003 Human Rights Reports but released February 2004 - the date of these reports usually is not the actual current date. These Country Reports on Human Rights Practices reports (always key asylum documents), are located on the Department of State website, and can be found by selecting: Countries and Regions tab, East Asian and Pacific Affairs Region, Country Information, China, Quick Links to Major Reports. I hope that this helps you and your client.
E.C. Schneider, Esq.
I am confused as to how USCIS is going to handle the 20,000 H-1B visa exemption. I know they
do not know anything at this time but can Immigration Daily interview Fujie Ohata and get a sense of what is about to happen and break the news to us?
In his letter, "Sebastian" says the "9/11 terrorist were not immigrants". I believe under the immigration law (Title 8 of the U.S. Code) and under 8 CFR (U.S. Code of Federal Regulations, Title 8) they were "immigrants".
Under the "regs", the term "alien" is defined as: any person not a citizen or national of the United States(not a direct quote). The term "immigrant" means every alien except an alien who is lawfully admitted as a non-immigrant alien. (Again, not a direct quote. I had to memorize these and other definitions when I attended the Border Patrol Academy years ago. When last I checked, they hadn't changed.) While all of the hijackers had entered with non-immigrant visas which they obtained from INS, they obtained those visas through fraud. (I have seen copies of their visa applications and "Sebastian" is right; they never should have gotten visas. I also know that the pressure at that time was to admit "students", not to keep them out.) Their intent at entry was to carry out their dastardly scheme, not to attend school, etc.
If aliens lie about the actual intent of their visit to the U.S., they are not then lawfully admitted as a non-immigrant. Unless someone actually believes that these 19 murderers entered the U.S. as legitimate students and then suddenly decided to collaborate in their horrible crime, they never were here legally. Obtaining a visa or admission by lying does not make an alien legal. And any alien in the U.S. illegally is an "immigrant" under the regulations.
John H. Frecker
This a response to Mr. Alexander’s letter concerning
the trade deficit & H-1B visas. First, I don’t think
that there is such a direct relationship because there
are more important factors. However, the cap limits on
H-1B visas were set in the early nineties and the
deficits have experienced an increasing trend ever
since. There are 140,000,000 people employed in the
US. Around 40 million hold a bachelors degree. This
group has an unemployment rate of 2.7%. The 65,000
H-1B visas represent 0.0016% of this universe. That
is, an insignificant number by any account, even if
you add the H-1B holders staying from previous years.
Evidently, if you want to see any positive effect, the
cap on H-1B visas should be completely lifted.
Readers can share their professional announcements (100-words or less at no charge), email: email@example.com.
Hammond Law Group, LLC is pleased to announce that Amy R. Dalal has joined the firm's Cincinnati's office as an associate. Previously, a law clerk with Hammond Law Group, LLC, Amy works primarily with employment-based immigration matters. Amy graduated from the University of Cincinnati College of Law in 2004, and from the University of Cincinnati Masters of Business Administration program in 2002. Prior to law school, Amy attended Emory University in Atlanta, Georgia where she received her Bachelor's degree in international studies, with a minor in Spanish. Amy is originally from Cooperstown, New York.
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