Comment: No Citizenship For America Haters - Not satisfied by visiting the sins of the parents upon the foreign-born children of the undocumented (in killing the DREAM Act), the anti-immigrationists are now taking aim at the American-born children of the undocumented. Even though this would mean throwing away the rule of the law – the centuries old doctrine of jus soli which has always been the bedrock of American citizenship - the anti-immigrationists are not troubled by trifles such as following the plain language of the constitution.
The anti-immigrationists' fantasies rest on the belief that the phrase "subject to the jurisdiction thereof" in the 14th amendment somehow implies that the undocumented are exempt from the jurisdiction of US law, and therefore from the benefits of the 14th amendment also. In an article debunking this maliciously fraudulent misinterpretation of the 14th amendment, James Ho writes:
"A foreign national living in the United States is "subject to the jurisdiction thereof" because he is legally required to obey U.S. law. (By contrast, a foreign diplomat who travels here on behalf of a foreign sovereign enjoys diplomatic immunity from—and thus is not subject to the jurisdiction of—U.S. law.) During congressional debates, both proponents and opponents of the citizenship clause agreed with this interpretation of the 14th Amendment. For example, Pennsylvania Sen. Edgar Cowan opposed the clause precisely because it would extend birthright citizenship to the U.S.-born children of Chinese laborers and other noncitizens who "owe [the U.S.] no allegiance [and] who pretend to owe none." Tellingly, Cowan's racially charged opposition was met with the following response from California Sen. John Conness: "The proposition before us... relates simply in that respect to the children begotten of Chinese parents in California, and it is proposed to declare that they shall be citizens... I am in favor of doing so... We are entirely ready to accept the provision proposed in this constitutional amendment."
The anti-immigrationists take refuge in the argument that few other countries scrupulously follow the jus soli doctrine, preferring instead the jus sanguini doctrine, the very doctrine that has consistently led to enormous ethnically-motivated bloodshed in Europe in days past, and in Africa and Asia today. Patently, the anti-immigrationists do not believe in American exceptionalism. If they don't like the US constitution, and prefer the doctrines of other countries instead, the anti-immigrationists should leave America promptly. If not, immigration advocates should start drafting legislative language, including a constitutional amendment, to deport the anti-immigrationists from the USA.
Article: Why A Company Should Not Self-Audit Its Own Forms I-9 by Charles Kuck
Bloggings: 2011: The Year of The State Immigration Bill by Matthew Kolken
News: USCIS Issues Memo On New Discretionary Exemption For Activities Relating To All Burma Student's Democratic Front (ABSDF)
News: USCIS Issues Memo On New Discretionary Exemption For Material Support To The All India Sikh Students Federation-Bittu Faction (AISSF-Bittu)
News: USCIS Issues Minutes Of Stakeholder Meeting On Fee Waiver Form And Final Fee Rule
News: DOJ Office Of Immigration Litigation Bulletin: October 2010
News: CRS Report On "Sanctuary Cities": Legal Issues
Focus: THE H-1B BOOK
THE H-1B BOOK is Edited by Karen Weinstock, and features contributions by Prakash Khatri, Courtney Black, Mikiel J. Davids, Melissa Downing, Rajeshri Patel, Ari J. Sauer, and Elissa Taub. The Table of Contents is as follows:
I. and II. FOREWORD and INTRODUCTION
III. H-1B STEP BY STEP
First Step: Interview The Client
Second Step: Send The Client Intake Forms And Related Information
Third Step: Credentials: Verify That The Worker Has A US Bachelor's Degree Or Equivalent
Fourth Step: Determine The Prevailing Wage
Fifth Step: Prepare And File The Labor Condition Application (LCA)
Sixth Step: Prepare The I-129, Related Forms And Petition Letter
Seventh Step: Send All The Forms And Petition Letter To The Client For Review & Signature
Eighth Step: Assemble The H-1B Petition And Send To The USCIS Service Center
Ninth Step: Troubleshooting
Tenth Step: Post-Approval Case Management
IV. ADVANCED H-1B ISSUES
H-1B Degree Equivalency
Reviewing The Path To Permanent Residency
Traveling On An H-1B Visa While Petition Or Application Is Pending
Dealing With Gaps In Employment
Temporary Visa Alternatives To The H-1B
The History And Economic Impact Of The H-1B Visa
When Are H-1B Visas Cap Exempt?
V. and VI. ESSENTIAL MEMORANDA and CD-ROM RESOURCE MATERIALS
For more information about the book and to order, see here. For the fax form, see here.
Headline: State Legislators Attempt to Turn Back Clock to Antebellum South http://bit.ly/h0Lr8Y
Headline: Protecting the 14th Amendment: http://bit.ly/eCR8Ap
Headline: Deport 'Em All - The Dred Scott Republicans Who Want to Repeal BirthRight Citizenship http://bzfd.it/h5a90p
Headline: R.I. governor ends order enforcing immigration law http://ow.ly/3zjRR
Headline: Several states want court ruling on birthright Citizenship http://ow.ly/3zjLQ
Headline: Legislators in states plan laws to redefine citizenship http://ow.ly/3zjHs
Headline: States trying to deny U.S. citizenship http://ow.ly/3zjCR
Headline: Exhausted Texas Sheriffs Say No to Arizona-Style Immigration Law http://ow.ly/3zjyV
Headline: Antis champion rule of law and propose to violate Constitution http://ow.ly/3z3MU Hypocrites! Antis are the true law-breakers!
Headline: Looking for the best candidate? Carry your help wanted ad on #Immigration Daily. Find out more details at http://ow.ly/3yhkC
Headline: PERM Book 2d. Ed: Your Book for PERM Rule, Analysis and Comments, ETA forms, Memos, Roadmaps & Checklists. Get your copy http://ow.ly/3yhmE
Headline: Former undocumented student shows what happens when DREAMS are realized http://ow.ly/3yKrK
Headline: RT @newman_chris: More evidence of link between SB1070 author & hard core neo-nazis. [video] http://bit.ly/fsbj0v
To submit an article or a news item to Immigration Daily, write to editor@ilw.com. Follow ILW.COM on Twitter.
Help Wanted: Immigration Professionals
Toronto, ON -