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Immigration Daily January 23, 2009
Previous Issues
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Comment

Keep It Private

Internet News.com reports "For the second time in four months, a State Department employee has pleaded guilty to accessing the personal information of citizens in the department's passport records without proper authorization." For the full report, see here.

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


Focus

Business Immigration Law

ILW.COM is pleased to announce that "Business Immigration Law: Strategies For Employing Foreign Nationals" edited and co-authored by: Rodney A. Malpert and Amanda Petersen and its companion book "Business Immigration Law: Forms and Filings" published by Law Journal Press are now available for purchase on ILW.COM. Contributors to the book include Tarik H. Sultan, Roger C. Wolf, Rebecca S. Whitehouse, George N. Lester, IV, Richard A. Gump, Jr., Leslie K. L. Thiele, Ellen G. Yost, Nancy H. Morowitz, Vicki L. Martin-Odette. For more info, including how to order, see here. For the fax order form, see here.


Articles

Immigration And National Security: A Checklist Of Unfinished Reforms
Jack Martin for Federation For Immigration Reform writes "Despite the progress that has been made in tightening procedures for screening arriving international travelers and towards more effective border control outlined above, there remain serious security gaps."

Bloggings on Nurse Immigration
Christopher T. Musillo of the Hammond Law Group shares the latest entries as of January 15, 2009 on his immigration law and policy blog.

Immigrants Of The Day: Dr. Elias Zerhouni of Algeria, Florinda Donner of Germany, and Alice McGrath of Canada
Kevin R. Johnson celebrates the achievements of these immigrants.

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


News

DOL Releases H2A Stakeholder Briefing Sessions PowerPoint
The Department of Labor released a stakeholder briefings PowerPoint on the H-2A regulations that took effect on January 17, 2009.

DOL Issues FAQs On Supervised Recruitment
The Department of Labor's Office of Foreign Labor Certification issued frequently asked questions on supervised recruitment.


Classifieds

Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP seeks an experienced paralegal to assist in case management and preparation of a wide range of employment-based immigrant and non-immigrant petitions, PERM applications and Adjustment of Status applications. Stinson Morrison Hecker LLP is one of the nation's largest law firms, with 335 attorneys in eight offices with experience in more than 45 practice areas, and represents clients in a full range of corporate, transaction and litigation matters. Please send resume with salary requirement to Lisa K Lange at: llange@stinson.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 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and 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.

Translation Services
Eurasia Translations, Inc. has been proud to serve immigration attorneys and individuals since 1993 with the translation of personal documents, academic credentials, criminal clearance letters, etc. Our customers can rest assured that all of our translations are prepared in accordance with USCIS requirements and are accompanied by a notarized certificate of accuracy. For more information, please call 888-887-1884 or visit our website. For a free quote, please complete http://eurasia-usa.com/turntime_rate/turntime_form.html or fax your document at 818-907-9763.


Headlines

Immigrant Advocates Call for End to Raids
Although the demonstration featured many speeches in Spanish and cries of "Sí se puede" - Yes we can - the crowd was also notable for its diversity.

Bronx Man Accused Of Posing As Immigration Lawyer
A Bronx man accused of posing as an immigration lawyer was arrested Wednesday on charges of stealing money from clients who came to him for help.

Calls For Immigration Reform Under Obama
Taking to heart an inauguration speech that honored those who "traveled across oceans in search of a new life," thousands embarked on a campaign Wednesday to make immigration reform a priority for the new president.

More On Immigration
It is stunning to me how many people want to turn off the mechanism that created this country.


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.

New Offices - Miami Beach, FL
Rolando Anillo, Esq. has opened an immigration law office in Miami Beach, Florida. He is available at (786) 280-0276 or at anillo@anillolaw.com.


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:
Jim Roberts' letter (01/22/09 ID) takes the position that "an illegal alien mother is subject to the jurisdiction of her native country, as is her baby," citing "Slaugherhouse Cases," 83 U.S.16 Wall. 36 (1872), language which is absent in that case and , is just not true. Mr. Roberts' letter then cites another irrelevant, overturned case, Elk vs. Wilkins (1884), that pertained solely to citizenship issues involving a native American, but then fails to point out that the exclusion of native Americans from citizenship was later eliminated by the Indian Citizenship Act of 1924. Mr. Roberts'letter then disagrees with Mr. Algase's letter's interpretation of Wong Kim Ark, where the US Supreme Court decided whether an American-born person of Chinese ancestry could constitutionally be denied U.S. citizenship. It held that under the Fourteenth Amendment, a child born in the US of parents of foreign descent who, at the time of the child's birth are subjects of a foreign power but who have a permanent domicile and residence in the US and are carrying on business in the US, and not employed in any diplomatic/official capacity under a foreign power, and not members of foreign forces in hostile occupation of US territory, becomes a citizen of the US at time of birth. The court further held that the 14th Amendment's citizenship clause must be interpreted in light of common law that had excluded from citizenship at birth only two classes: (1) children born to foreign diplomats and (2) children born to enemy forces engaged in hostile occupation of country's territory. The "subject to the jurisdiction" phrase in the 14th Amendment specifically encompassed these conditions The Wong court held that since none of these conditions applied, Wong was a USC. Competent and unbiased legal research reveals the US Supreme Court clearly spoke long ago.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Jim Roberts' letter of January 22 misstates the holding in the leading 1898 Supreme Court decision dealing with citizenship by birth in the US, Wong Kim Ark, mentioned in my January 21 letter. He implies that the decision in that case followed those in two earlier Supreme Court cases, which Mr. Roberts' letter also misreads as allegedly limiting the right of citizenship by birth in the US to children whose parents were US citizens. In fact, the majority opinion in Wong KIm Ark made clear that it emphatically rejected any conclusion, including a non-binding dictum (statement on a side issue) in the well-known Slaughterhouse cases, to the effect that US citizenship by birth was limited to children born in the US whose parents were US citizens. Mr. Roberts' letter also cites another 19th Century Supreme Court case, Elk v. Wilkins (a case dealing with members of Indian tribes, which were considered to be foreign nations at the time), as holding that only a child of US citizens could be a US citizen by birth in the US. But this interpretation was refuted by the Wong Kim Ark decision itself, which held that Elk v. Wilkins "had no tendency to deny citizenship to children born in the US to foreign parents of Caucasian, African or Mongolian descent, not in the diplomatic service of a foreign country". Nothing could be a clearer statement of law of citizenship by birth in the US as upheld in the Wong Kim Ark decision. Admittedly, two of the Justices in Wong Kim Ark agreed with the restrictive view of US citizenship by birth that Mr. Roberts' letter now proposes, namely that only a child born in the US to US citizen parents is a US citizen by birth. But theirs was a dissenting opinion, not the Court's decision. It was not the law, then or now.

Roger Algase, Esq.
New York, NY

Dear Editor:
Mr. Roberts' letter (ID 1/21/2009) didn't mention anything about Chinese Exclusion Act 1882 that made Chinese immigrants to the US as "legal" and welcomed white European ancestors. If Mr. Wong Kim Ark were of Irish or British descent then story would be different and ended in happy ending, and off course there wouldn't fuss about this at all. This is a fine example of blatant racism and hypocrisy. I have nothing against white people, but in this debate all parties should be honest with themselves and particularly those who love to invoke God and the Bible. Those who still can't accept Mr. Obama's eligibility to be the 44th. US President because of the suspicion of his birth place, they should get over it, it's too late. Why nobody challenge this issue much earlier? There are many unjust and stupid laws out there that need to be amended to meet better common sense, rationale and the demand of current time. If naturalized US citizens love their country as much as the "native" ones and capable to be good Presidents, the laws then need to be changed. Laws can always be amended.

Robert Yang

Dear Editor:
While David Murray's letter (ID 1/22/09) is correct in it's belief that our immigration laws should be comprehensively reviewed as to their effectiveness in all areas, not just the legalization provisions, it does a general disservice to the spirit and intent of CIR by carelessly and incorrectly stating that “CIR was a buzzword for amnesty.” This letter, along with virtually all similar writings by opponents of CIR, intentionally and with malice aforethought, equate the long and arduous process of earned legalization, with the automatic granting of amnesty. Webster’s defines amnesty as “a general pardon, especially for political offenses against a government.” However, the concept as described in the fine article by Mr. Roach, is an entirely different animal indeed. By the letter of Mr. Murray’s own admission, Mr. Roach’s concept is anything but automatic, and can certainly not be accurately described as “a general pardon.” In fact, the letter of Mr. Murray goes to great lengths to attempt to persuade the readers that the provisions in the earned legalization concept are too difficult and arduous, and should therefore be simplified and less difficult. I personally believe that the process should be somewhat difficult, in order to be effective, but not arduously so, or overly punitive. However, since earned legalization is an opportunity to get right with the law, (as opposed to amnesty, which would be an automatic pardon that forgives one's having to get right with the law), then some punitive action, such as a fine, will be appropriate.

Robert Gittelson

Dear Editor:
1. Why don't we hear more about Congressman Bob Filner of San Diego regarding his role in immigration reform? 2. Why can't the Department of State allocate more visas for EB3 so that Employment-based visas can go forward? 3. Why can't the very draconian 3 and 10 year bars be repealed so that potential legally entitled immigrants do not have to wait outside the U.S. for such a unreasonable period for family unity purposes or employers to be able to get their approved employees?

E. Bregman


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 1995-2008 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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