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Immigration Daily April 30, 2008
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Comment

The Nexus

Recent news reports indicate that the Congressional Hispanic Caucus has secured the House Democratic leadership's agreement that none of several enforcement and employment immigration benefit expansion bills lately introduced would move forward to a hearing or a committee vote. Doubtless, advocates of employment based immigration and increased immigration enforcement will try to attach their pet provisions to must-pass legislation later this year. However, we believe it is unlikely that any benefit or enforcement bill will be acted upon without confronting the elephant in the room - legalization. Last month, comprehensive immigration reform was within about 30 House votes of passage - that was the margin by which the discharge petition for the Shuler enforcement bill fell short. It is instructive to note that the House Hispanic Caucus was prepared to accept a 5-year temporary status for the undocumented if the Shuler enforcement bill had moved to a floor vote. This marks a significant concession by the Hispanic Caucus in that they did not seek a path to permanent residency, and also shows how serious the Caucus is in insisting that nothing significant on immigration move without legalization (which apparently now means a temporary status, not a permanent one).

The political situation of the three legs of the immigration stool - legalization, increases in employment immigration, and enforcement is as follows.

  • For those in the public who want to see increased immigration enforcement, the stark reality is that such enforcement is, and will continue to be, severely under-funded. That is because it is Congressional policy to pass tough laws and then not to enforce them too much. That way, Congress gets to be popular with both sides of the immigration issue, something hard to fault Congress for in a democracy. Furthermore, even the hard core enforcement supporters in Congress are ready to make a deal on legalization so long as the overall terms are palatable to them. The noisy Lou Dobbs supporters who decry any form of legalization as unacceptable are just a bargaining chip to be bartered away at the first suitable opportunity by their own heroes in Congress.
  • For those who want legalization, the reality is even worse. For starters, the undocumented cannot vote, and many of their near and dear ones still await naturalization. Their supporters in Congress have already given up on a path to permanent residency, and the legalization process, once enacted, is likely to be both expensive and unforgiving of even minor technical errors. In addition, it is highly probable that entire family categories will be eliminated as a price for legalization. True legalization will have to await the resurrection of 212(c), something for which there are no champions for in Congress today.
  • For those who want a better correspondence between our economic needs and our immigration laws, in the form of increased legal immigration numbers, the reality is still worse. Numerically, they are the weakest of the three immigration lobbies, and are squeezed uncomfortably between the other two. They would like to solve tomoro's immigration numbers without taking a stand on how to deal with yesterday's undocumented immigrants - not a good way to get support from either of the other two lobbies. The employment immigration advocates and the undocumented advocates are both in the same benefits boat, and unless they can work together, they cannot make a deal with enforcement advocates.

For better or for worse, comprehensive immigration reform appears to be the only way that would be politically assured of Congressional passage. The earlier all sides recognize this, the better off they, and America, will be.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Shipping Now: The Nurse Immigration Book

ILW.COM is pleased to announce that this book has begun shipping. Those who pre-ordered it (as well as The Nurse Immigration Book authors) should expect to receive their copy next week. The table of contents is as follows:

I. FOREWORD: Why A Nurse Immigration Book? By William Stock

II. PREPARING AN IMMIGRATION CASE:

  • H-1 Visas For Nurses By Greg Siskind and Esther Fridman
  • TN Status For Nurses By Christopher Wendt
  • Practice Pointers for Presenting TN Applications By Leslie Holman
  • An Outline Of A Typical Nurse Case, Including Consular Processing By Joseph Curran
  • Adjustment Of Status For Professional Nurses By Sylvia Boecker
  • Building International Bridges By Commission On Graduates Of Foreign Nursing Schools (CGFNS International)
  • Tips For Staffing Companies In Planning Their Posting Strategies By Ronald Nair
  • Licensure: US State Licenses For International Nurses By Patrick Curran
  • Immigration Basics For Allied Professional Healthcare Workers By Christopher Musillo
  • Managing Or Achieving Expectations: The Key To Success By Michael Hammond
III. UNDERSTANDING THE NURSING CRISIS:
  • Global Issues In Nurse Recruitment By Joseph Curran
  • The Nurse Shortage: Why It Matters By Carl Shusterman
  • Deadly Consequences: The Hidden Impact Of America’s Nursing Shortage By Stuart Anderson
  • Aiding And Abetting - Nursing Crises At Home And Abroad By Sreekanth Chagaturu and Snigdha Vallabhaneni
  • US Visa Policy Competition For International Scholars, Scientists And Skilled Workers By Phyllis Farrell Norman
  • Better Late Than Never: Workforce Supply Implications Of Later Entry Into Nursing By David Auerbach, Peter Buerhaus and Douglas Staiger
IV. RECRUITING AND RETAINING NURSES:
  • The Business Of Nurse Immigration By Mireille Kingma
  • Recruitment Of Workers In The Philippines: Playing Ball With The POEA By Ronald Nair
  • Successful International Nurse Recruiting By C. Philip Slaton
  • Nurse Assimilation By Yvette Mooney
  • Hospitals' Responses To Nurse Staffing Shortages By Jessica May, Gloria Bazzoli and Anneliese Gerland
  • Nurse Perspectives Of The Migration Experience By Mariah Rutherford-Olds
V. AFTERWORD: Musings After 2 Decades In Nurse Immigration By James David Acoba

For more info, and to order, please see here. For the fax order form, see here.


Article

Immigrants Targeted: Extremist Rhetoric Moves Into The Mainstream
The Anti-Defamation League et al. "exposes those individuals and groups who are playing a key a role in mainstreaming extremist rhetoric in the immigration debate in various aspects of American life."

To submit an Article for consideration, write to editor@ilw.com.


News

Report On 2007 ICE Halloween Investigation
The House Committee on Homeland Security released a majority staff report on the ICE October 31, 2007 Halloween party investigation prepared at the request of Rep. Bennie G. Thompson, Chairman.


Classifieds

EB-5 Business For Sale
US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt or inventory included. To view pictures and an appraisal report, see here. To discuss further, contact Thomas Barnes at: barnestb@earthlink.net or call 434-955-0595 (after 10 am EST). All inquiries will be kept confidential.

Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks an attorney for the position of Associate Counsel in the National Security & Records Verification Law Division (NSRVLD). Responsibilities include, but are not limited to, providing legal advice and consultation in discussions with the heads of USCIS units, working with USCIS managers in a continuing effort to improve the security check and fraud detection processes, assisting in the coordination of legal issues involving national security, criminal and fraud matters with other law enforcement and intelligence agencies and providing litigation support in cases before the Federal courts. Experience in immigration-related criminal and national security legal issues preferred. Must be able to hold and maintain a Top Secret clearance. For full details enter COU-CIS-2008-0006 here. Applicants must submit (1) resume, (2) writing sample (5 pps. max), (3) references, (4) cover letter to Anthony.Gentry@dhs.gov. All submissions must be received by close of business Wednesday, April 30, 2008. GS-13-15, position open until filled. No reimbursement expenses offered.

Help Wanted: Immigration Attorney
Manhattan - Alan Lee, Esq., (www.AlanLeeLaw.com) seeks a bright, ambitious, extremely hard-working attorney as sole associate, who writes well, is detailed, does the homework on cases, & has experience in various aspects of immigration law. You will handle appearances at CIS and courts and cases that are/may become difficult. Strong interpersonal and communication skills required. Salary not necessarily commensurate with workload, but good opportunities down the road. E-mail resume to Immigration@AlanLeeLaw.com.

Help Wanted: Immigration Professional
Rockville, MD - Hammond Claxon, P.C., nationally-recognized 2-attorney business immigration boutique, seeks law firm administrator to ensure efficient workflow, implement/coordinate practice management software, automate procedures, coordinate billing and finances, handle personnel matters, open and assign cases, assist in marketing and planning for changing needs of the firm. Must have 4+ years experience in legal or other professional service organizations, strong communication and administrative skills, ability to work independently and organize and prioritize work and availability for overtime. Excellent growth opportunity for legal secretary or paralegal. We are conveniently located in the charming Rockville Town Center near the Metro. Email resume to ashlee@hammondclaxton.com.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 80+ engineers and 11 sales and support staff. INSZoom is the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email info@inszoom.com.

Immigration Consulting Services
Angelo Paparelli, a nationally-renowned expert with an outstanding breadth of immigration law knowledge and expertise, is available to provide immigration- related consulting services to corporate executives, general counsel, HR departments, foundations, attorneys and law firms in private practice. He consults on employment-based immigration, job portability, remedies for status violations, mergers and acquisitions, immigration-related corporate policies, crisis communication, government investigations, employer sanctions, legislative advocacy, waivers of ineligibility and litigation. Offices in CA & NY. Services: worldwide. To discuss how he can consult on your case, contact Angelo Paparelli at 949-955-5555 or aap@entertheusa.com.


Headlines

Congress Sees Eye To Eye On Helping One Immigrant Group - Entertainers

A Place Where Indians, Now New Jerseyans, Thrive


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Event - San Diego, CA
"State and Local Immigration Policy in the US: An Interdisciplinary Research Workshop". Sponsored by the Center for Comparative Immigration Studies and the Center for US-Mexican Studies. 9:00 a.m.-3:30 p.m., Friday, May 9, 2008. Conference Room 115, Institute of the Americas, Eleanor Roosevelt College Administration Building, University of California, San Diego. http://www.ccis-ucsd.org/Programs/seminar.htm.


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
As an immigration attorney and first generation immigrant, I applaud the employer sanctions being imposed in Mississippi. Employers must be held to account for employing illegal labor. Upholding the integrity of U.S. immigration law is imperative for national security reasons, maintaining the rule of law and the integrity of our sovereign borders. While we welcome new immigrants to the U.S., such immigration should only occur by adherence to U.S. immigration law and procedure.

Gerhard Kelm, Esq.

Dear Editor:
Jim Roberts' April 29 letter approvingly quotes one of Honza Prchal's letters as saying that just because someone may think that there are too many Mexicans in the US, that does not necessarily indicate that one has "racial animus" toward them. This reminds me of a statement that was attributed to Canada's minister of immigration during WWII, who was asked how many Jewish refugees from Hitler his country would be willing to accept. His answer, reportedly, was "None is too many".

Roger Algase, Esq.
New York, NY

Dear Editor:
As of March 31, 2008, at least 1,106 bills have been considered in 44 states this year. Twenty-six states have enacted 44 laws and adopted 38 resolutions or memorials. Additional information can be found at the National Conference of State Legislatures website. What does this mean? More importantly, how are the politicians interpreting it? What impact is it having on the political desirability of a legalization program? On the political desirability of enforcement-only immigration legislation?

Nolan Rappaport

Dear Editor:
In response to Governor Barbour's new law regarding employer sanctions (04/29/08 ID), the governor is making earning a living a crime of moral turpitude. Such harsh laws do not help anyone. What happens to undocumented people who can no longer earn a living? I doubt if they will meekly leave the US. Most of them are working to put food on their tables. If we deprive them of this right, a good percentage will turn toward crime and we will be responsible for making criminals out of desperate people. We, as a nation, need to remember that a society is only as strong as its weakest link. Whether we like it or not, illegal immigrants are a part of our society. We need to resolve the issues of illegal immigration in a sympathetic manner, not turn poor and needy people into needless criminals.

Anu Gupta

Dear Editor:
I noticed that I am receiving the immigration daily newsletter quite frequently. Is there anyway I can adjust this frequency from daily to weekly?

Nathan Augustin

Editor's note: Based on reader and traffic trends, we merged Immigrant's Weekly into Immigration Daily, leaving daily receipt as the only available option.

Dear Editor:
The Roger Algase letter of 4/29/08 ID errs in portraying a restrictionist desire to "slam the gates to America shut" and fails to discern differences between limited entry of the past with the present Latino invasion. Immigrants that assimilate and add, not detract, to America will always be welcome under the limited and selected criteria. One of these is Yeh Ling-Ling, a naturalized citizen born in Vietnam of Chinese parents who is now executive director of Diversity Alliance for a Sustainable America. After working 10 years preparing immigration applications, Ms. Yeh realized that, although some immigrants are assets to the US, problems that concern natives and legal immigrants - including homeland security, sprawl, gridlock, overburdened infrastructure and rising ethnic tensions - cannot be solved without also addressing rapid population growth driven mainly by record levels of immigration. Another would be: Maria Hsia Chang who in her excellent article, "Multiculturalism, Immigration and Aztlan" quoted Brent A. Nelson, who writing in 1994, observed that in the 1980s America's Southwest had begun to be transformed into "a de facto nation"8 with its own culture, history, myth, geography, religion, education, and language.9 Whatever evidence there is indicates that Chicanos, as a group, are unlike previous waves of immigrants into the United States. Former CA state senator Art Torres called Proposition 187 "the last gasp of white America" and spoke of "reclaiming" Southern California. Ms. Chang further concludes: "Exponents of multiculturalism maintain that all cultures are equal, and that the US must accept its destiny as a universal nation, a world nation, in which no one culture - especially European culture - will be dominant. The ideal of multiculturalism is a nation which has no core culture, no ethnic core, no center other than a powerful state apparatus." This appears to be the agenda of some people and groups.

Jim Roberts


An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995- American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X


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