A Note from the Editors:

The abolishing of the INS via the just passed Homeland Security Bill is sending tremors through the immigration law community. Immigration attorneys have long relied on INS General Counsel Memos for the advice they give to their clients daily. Will the new General Counsel of the new Homeland Security Department honor long-standing interpretations of immigration law? Or will he or she simply wipe them all out, and start with a clean slate? The latter event may cause an earthquake in most immigration attorneys' practices. Some of the talented career officials in the Services branch of the INS reportedly have their resumes out, dreading the day when they will have to report to new bosses who will begin each day with the question "To which terrorist did you NOT issue a visa today?" Several regulations which have been working their way through the INS's regulatory system for years will now very likely be back to square one, leaving attorneys without a detailed and reliable road-map to give effective counsel to their clients.

The potential for horrible prospects notwithstanding, it must be borne in mind that the abolishing of the INS is only a tiny part of the largest restructuring of the federal bureaucracy in over a generation. The restructuring will likely take place at a glacier's pace over many, many years. With over 22 agencies involved in the new Department, turf battles will likely erupt in such profusion as to surprise all. Congressional pork in what will now be the third largest department of the federal government will also shape events to come. With this as a backdrop, the prospects for immigration could be as bad or even worse than the prophets of doom forecast, however the doom may be a long, long time coming. Wait-and-see may be the best policy for now.

Articles

H-1B Series: The Labor Condition Application - Part 6
George N. Lester IV continues a discussion of the labor condition application.

Pennsylvania DA Wants To Round-Up All Undocumented And Deport Them, Implies Undocumented Jeopardize Country's Security
The Morning Call of Allentown, PA quotes Northampton County District Attorney John M. Morganelli saying that "the federal government continues to believe that immigration violations by themselves do not warrant enforcement. In my view, this thinking must change. For people who are in this country illegally and commit crimes, we need to round them up, prosecute them and deport them. Political correctness run amuck is jeopardizing the security of our country and the reliability and accuracy of our record-keeping system.''

Come Back To America: Alienation And Immigration Advocacy
Gary Endelman writes about the parallels between the Democratic Party and pro-immigrant advocates saying "nothing characterizes the anti-capitalist immigration ethos of pro-immigrant advocates, and their nativist soul mates, as its deep pessimism."

Court In Nevada Upholds Back Pay To Undocumented Migrants
The Review-Journal of Las Vegas, NV reports "A District Court judge has upheld a state labor commissioner's ruling that five Spanish-speaking carpenters, three of whom are illegal aliens, were denied prevailing wages on a public works project."

Special Alerts On Post-September 11 Dangers
Bruce A. Hake and Joseph J. Kranyak write about post-9/11 changes to the immigration laws and give practical suggestions.

Continuity Of Residence For Citizenship
Cyrus D. Mehta and Parastou Hassouri: write "While applying for citizenship, on the surface, is a relatively simple process, there are many pitfalls of which one must be aware."

The INS Is Dead, Long Live The INS
The Salt Lake Tribune reports "With Tuesday's vote to create a new Homeland Security Department, the U.S. Senate abolished the Immigration and Naturalization Service, the federal agency created in 1891 to be gatekeeper of America's borders. Thousands of foreign-born Utah residents whose jobs, families, homes and futures hang on pending immigration decisions are left wondering whether this change is cause for celebration or alarm."

The Senate Approves The Homeland Bill: What Now?
Jose Latour writes, "What does it mean for us? A lot. Customs and INS will both be integrated within the organization, and as a person who has lived the past 12 years struggling with today's comparatively tiny INS bureaucracy, I can only imagine what will happen when immigration responsibilities are effectively swallowed by a bureaucracy literally hundreds of times larger.

Immigration Brings Economic Dynamism
An editorial in the Washington Post says "In reality, the choice is not between more immigrants and fewer immigrants, but between more immigrants and more economic dynamism and fewer immigrants and less economic dynamism."

How can I file an equal employment opportunity complaint?
Read comprehensive answer from INS on how to file a complain due to violation of Equal Employment Opportunity.

ILW.COM Highlights

Updated Processing Times

Department of State Priority Dates for Family-Sponsored, Employment-Based and Diversity Immigrant (DV) Category have been updated.

Letters to Editors

To write to Editors, send emails to weeklyeditor@ilw.com.

None this week

Immigrant Life

A Man without a Home

"What about the infants and children who are brought to the country by their parents. They did not come here on their own free will but of the will of their parents? I did not ask to come to this country -- my parents brought me here when I was less than two years old. I have never visited my birth country nor do I have any recollection of ever living there. Now I find out that the U.S., the place I consider home, doesn't consider me to be a citizen even though I attended local public schools, have worked since the age of 15, have always paid taxes, have a valid drivers license, established credit, bought two houses, and, yes, was even issued a voter's registration card and have been called for jury duty on a number of occasions. If I don't have a right to live here, where do I belong?......." Continued.

Send us your experience as an immigrant.

This week's chat schedule

When	Attorney
Monday, November 25 9:00 pm Eastern Time	Thomas Esparza
Wednesday, November 27 9:00 pm Eastern Time	No chat
Friday, November 29 9:00 pm Eastern Time	No chat

Classifieds

For information on advertising in the classifieds please click here.

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