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Immigration Daily November 12, 2004
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Good Bye, Mr. Ashcroft

Attorney General Ashcroft has resigned and will stay on only until his successor takes office. President Bush has announced that his nomination to succeed Mr. Ashcroft will be Alberto Gonzales, currently White House General Counsel. While we rarely stray from immigration law in our comments - the announced departure of Mr. Ashcroft is an important occasion to reflect upon Mr. Ashcroft's actions as Attorney General.

Post-9/11, Mr. Ashcroft had to do a difficult job that was made particularly difficult by the President's order to him to pre-empt future acts of terrorism on American soil. This was an unprecedented duty to burden the DOJ with, and future experience may well show that DOJ, and especially its largest enforcement arm - the FBI, is not the appropriate institution to discharge such duty. By his aggressive approach to immigration issues, he has sown the wind - his successors will reap the whirlwind of reaction from the bar, and more importantly - from the federal judiciary.

We believe that Mr. Ashcroft was and is ill-informed on the bedrock American principle of liberty. In remarks before the Eighth Circuit Judges Conference in August 2002, Mr. Ashcroft said " ... we cannot allow those who would destroy America [to] use our liberties as weapons against us. In order for there to be liberty in America, there must be an America." He went on to advocate "ordered liberty" which he described (correctly) as "the structure that, by directing and constraining the actions of individuals, allows us each the freedom to achieve the potential that is within us." Where we believe Mr. Ashcroft erred egregiously was in believing that the only proper understanding of liberty in the American tradition is "ordered liberty". In fact as David Hackett Fischer demonstrates in his book "Albion's Seed: Four British Folkways in America" there are four distinct strands of liberty that taken together constitute the American understanding of liberty - "ordered liberty", "hegemonic liberty", "reciprocal liberty" and "natural liberty" (we recommend Mr. Fischer's book to those interested in exploring this issue further). As Mr. Fischer describes in his book it is the tension between these four different concepts of liberty that vitalizes all of them and keeps liberty alive. These four distinct threads of liberty combine to form the fabric that is the American inheritance.

Why is this important? Because, by elevating his own concept of liberty over all the others, Mr. Ashcroft has diminished liberty in America, not enhanced it during his tenure. And when liberty is diminished all Americans suffer - Democrats and Republicans alike, conservatives and liberals alike. We have warned before in this space that the powers that the Attorney General had grabbed for his office could well be used in the future against those cheering him on - including the anti-immigrationists. So, if and when Mr. Tancredo finds himself placed in expedited removal for suspicion of being a terrorist from Kryptonistan - well, we told you so.

We welcome readers to share their opinion and ideas with us by writing to


Nurse Immigration (In cooperation with CGFNS)

The curriculum for "Nurse Immigration (In cooperation with CGFNS)" is as follows:

FIRST Phone Session on November 18th: DOL Issues, USCIS Issues

  • Dealing with Retrogression of EB3 numbers for India, China and the Phillippines (likely to happen in Jan 2005)
  • Dealing with delays at USCIS and NVC
  • Arbitrary requirements by USCIS
  • Impact of DOL Transitional Guidance and PERM on Nursing occupations
SECOND Phone Session on December 13th: State Licensure Issues
  • Variations of state licensure of internationally-educated registered nurses
  • Obtaining social security numbers
  • Canadian nurse licensed by endorsement without NCLEX-RN
  • License by endorsement state-to-state
THIRD Phone Session on January 13th: VisaScreen Issues, Consular Processing Issues
  • Elements needed to obtain the VisaScreen Certificate
  • Qualifications for a 212(r) Certified Statement
  • Qualifications for the Streamline Process
  • Provisional considerations for the Canadian Trade NAFTA registered nurse
  • Current issues in Consular Processing of Nurses
The deadline to register is Wednesday, November 17th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Tapping Into Americans' Desire To Emigrate After President Bush's Re-election
Cyrus Mehta shares an internal strategic planning memo issued the day after President Bush was reelected to a second term.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:


White House Press Briefing On Immigration
During a White House press briefing, White House Spokesman McClellan said, "[President Bush] remains committed to [guestworker] proposal.

USCIS Announces Backlog Reduction Update
The USCIS issued a press release announcing that it had completed 600,000+ cases received in the first three quarters of FY 2004.

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Help Wanted: Immigration Paralegal
Morgan, Lewis & Bockius LLP, a large international law firm, is seeking an experienced Paralegal to work directly with the Immigration Practice Group in our Washington DC office. Candidates must have at least two years of business immigration experience in employment-based immigrant and non-immigrant categories. Candidate must possess strong organizational, research and writing skills. Knowledge of PC applications and flexibility to work overtime are required. An undergraduate degree is required. We offer an excellent compensation and benefits package, outstanding work environment, and comprehensive support to enable our Immigration Paralegals to assume significant responsibility, including contact with clients. Please email: or fax: 202-739-3001 your resume to Robin McKinney. EOE.

Help Wanted: Immigration Attorney
Fast-paced, nationally recognized immigration law firm based in Washington, D.C., seeks a highly motivated, detail-oriented associate. Immigration experience, strong organizational, research, writing & interpersonal skills required. Spanish fluency a plus. Great opportunity for individuals interested in challenging, exciting work. Competitive salary/benefits. Visit Send resume, writing sample, salary requirements + references to Amal Talhame at: Maggio Kattar, 11 Dupont Circle, N.W., Ste. 775, Washington, DC 20036 or No calls please.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

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Readers are welcome to share their comments, email: (300-words or fewer preferred).

Dear Editor:
I would like to know the charges for the seminar "Unraveling The Mysteries In Adjustment Of Status".

Marilyn D. Dimas, Esq.

Editor's Note: All ILW.COM 3-part telephone seminars are available in two formats: $499 for all 3 sessions or $199 for any one session. After the seminar series is completed, tapes for the entire series are available for $199.


Readers can share their professional announcements (100-words or less at no charge), email:

comingsNgoings To Date
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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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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