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Immigration Daily

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Immigration Daily December 17, 2004
Previous Issues
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Courts Held Hostage To Immigration

In response to an overwhelming immigration case backlog in the 2nd Circuit, the DOJ is ordering its lawyers across the country to step in and help clear the 4,000+ immigration appeal backlog in the 2nd Circuit. According to a Washington Post article, the assignments have only just begun but DOJ officials expect hundreds of DOJ attorneys to participate, including many with no experience in immigration law who will receive special training. The crackdown of undocumented immigrants post 9/11 along with affirmance without opinion (AWO) has resulted in the immigration case backlog reaching epidemic levels at the federal appeals level as well. Federal courts now receive 1,200 appeals a month, up from 125 appeals a month. This situation at the federal courts will only get worse, unless our statutes are changed to embrace more legal immigration which our economy desperately needs. The immigration problem requires a two-pronged solution; enforcement alone is not a viable solution. Immigration cases are clogging our nations' court system, impeding justice for all disputes, criminal, trademark, family matters, and all cases in general. The time for legalizing more immigration has come and it cannot happen soon enough to unclog justice in America.

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Immigration Law Books - Latest Editions Shipping Now

No immigration attorney should be without a complete, up-to-date reference library for all his/her primary resource needs. The 2004 edition of The Whole Act INA, provides annotations, footnotes, editorial notes, updated Topical Index with a separate Index of Appendices, and 49 Appendices, to help both novice and experienced practitioners alike efficiently navigate the complex labryinth of immigration statutes. The 2004 edition of regulations in 2 volumes (both immigration regulations 8 CFR and all immigration-related regulations of the DOL, DOS, and DOJ) includes the latest changes in the regulations + handy and most detailed Topical Indices for each. The 2004 edition of Patel's Citations, covering the history and treatment of all reported administrative precedent decisions under immigration and nationality law, keeps you abreast of the status and standing of all such immigration citations (e.g., reversed, affirmed, modified, followed or not followed, criticized, distinguished, etc.). This entire reference library consisting of the Act, Regulations, and Citations, is an indispensable reference tool that you will reach for day after day. We offer a 30-day money-back guarantee. If you're not satisfied with your purchase within 30 days of receipt, you can request a full refund - no questions asked. For more information see here.


Dual Citizenship For Children Born In The US To Indian Parents
Cyrus D. Mehta writes "When a child is born in the US to an Indian national parent or parents, and the parents desire to return to India and raise the child in that country, tricky issues arise for the child to maintain the citizenship of both India and the US."

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EOIR Issues Latest Disciplinary Actions
The Executive Office For Immigration Review issued the latest disciplinary actions: 1 attorney was immediately suspended; 4 received final orders.

Text Of Enrolled Version Of Q2 Extension
We present the text of the enrolled version of the Q2 extension (courtesy of Gene Flynn).

CRS Report On Visa Issuances: Policy, Issues, and Legislation
The Congressional Research Service issued an updated report on visa issuances.

EOIR On Coercive Population Control Conditional Grants Of Asylum
The Executive Office of Immigration Review issued information on the law limiting conditional grants of asylum based on coercive population control program to 1,000 per fiscal year. For the fact sheet, see here. For the press release, see here.

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Help Wanted: Immigration Attorney
Gonzalez and Harris, an A-V rated firm in Pasadena, California, is seeking a highly motivated, hard-working attorney with interest in stable, long term employment on partnership track. Must have four years+ of experience in business immigration, including the preparation of all types of nonimmigrant visa petitions (H-1B, L-1, E-1/2, O-1, TN), and immigrant visa petitions. Highly desirable: experience working with Japanese clients, consular work, health-related occupations, and strong EB1 background. Excellent writing, communication, case management and technology skills; experience motivating, managing and training immigration paralegals. Send your resume + cover letter describing your interest, qualifications, financial requirements and career goals in strict confidence to Josie Gonzalez at

Help Wanted: Immigration Attorney
Anthony Olson, P.A., an immigration law firm in Sarasota, FL, specializing in employment- and family-based immigration law seeks experienced immigration attorney. Preferably 2+ years of experience in employment-based immigration, particularly with labor certs, EB-1, E, H, L, O, P visas. Foreign language skills preferred, especially Spanish or German. Friendly and flexible working conditions with a competitive benefits package. Applicants must be conscientious, self-reliant, detail-oriented, and well-organized. Salary is commensurate with experience. Submit resume to Tony by fax at 941-362-7107 or by email to

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

Dear Editor:
So Bernie Kerik resigned for knowingly having hired an illegal alien to be his nanny. Here is another example of not only how rampant illegal immigration is in this country but how damaging it can be. Can you imagine the individual nominated to be in charge of enforcing the immigration laws of this country was intentionally violating them for several years? I repeat, please stop the insanity and prevent any further illegal immigration. If you do not want to listen to me then listen to Mr. Kerik's reputation which has been forever tarnished under a new episode of nanny-gate.


Dear Editor:
Has the DHS forgotten about the U Visa? This bill was passed and signed into law by President Clinton. President Bush is on his way to a second term. Is there any way to force the DHS to come out with the regulation on this?


Dear Editor:
In response to Mr. Baer's letter to the Editor (12/16/04 ID issue), so what you're saying is that we should forgive these poor individuals who hire illegals and who break the law by 1) hiring them and by 2) not paying taxes because "There are jobs Americans simply aren't available to do"? Do you think perhaps that illegals are hired for cost savings because the poor-poor individuals that hire them don't want to pay the cost of health insurance, social security and federal taxes? Is that a function of the buyer or seller of labor? We certainly do have guest worker programs. Why couldn't Kerik sponsor an an pair? Surely there are highly qualified an pairs. What about a college student? What about a professional nanny? You mean to say that Kerik should be forgiven because he had no alternative even though he is a law enforcement officer? He knew he was breaking the law. Or are there differing degrees of breaking the law? So if I don't pay my taxes and I don't file because I don't have the money, is that ok? He had a choice to make at the time and now he has to live with the consequences.


Dear Editor:
By introducing the Biblical perspectiveLet he who is without sin...Mr. Bauer's commentary (ID 12/16/04 issue) hits on the precise theme of the current administration which has undermined it's effectiveness in securing Kerik's confirmation: moral terrorism. The Bush Administration and the Red State conservative's who support it have sought too publicly to enforce subjectively determined moral ideals through codification; thus creating an environment where all who are in federal, public life are officially held to a higher moral standard than the members of their constituent population expects of themselves or their own peers. However, letting up pressure to achieve the moral ideal in one area, by appointing to an important, public law enforcement office a person who knowingly employed an alien unlawfully, lessens the Administration's public credibility when it pushes for adoption of other of morality-shaping legislation. How can the Administration claim the moral high-ground as the preserver of the Sanctity of Marriage, if it promotes the career of a person who not only broke the immigration laws of the country, but treated his marriage vows as a mere public ritual that really should not be expected to constrain his love life? Personally, I believe Mr. Kerik would do a great job, and the fact that he had extra-marital affairs simply does not figure in my assessment of his competence. But I cannot support an act that permits Mr. Bush to effectively state, The moral imperatives of my Administration don't apply when it's inconvenient for me and my friends.

James McTyier, 3L, Stetson University College of law
St. Petersburg, FL

Dear Editor:
In response to Mr. Baer's letter to the Editor (12/16/04 ID issue), if the industries that employ low-skilled labor currently here illegally really wanted the ability to bring such workers in legally, is there any doubt that we would have laws to that effect? Please don't tell me that agribusiness can lobby successfully for billions in subsidies but can't lobby successfully for laws permitting them to legally bring in low-skilled workers - if such workers were truly needed? Or, are the likes of Wal-Mart (retailing), Tysons (meatpacking), McDonald's (food service) and Marriott (hotels), all large employers of such workers simply too poor and naive as well? The simple fact is, employers want low-skilled workers as long as they don't have to pay for them. As long as there is an unending supply of such workers, preferably here illegally, wages will remain low and the workers compliant. Amnesties throw the burden of supporting such workers on the US citizenry - try supporting a family in the US on what most of these jobs pay, particularly if taxes are taken out. As for guest worker programs - there is the H2 visa program which was sorely underutilized by employers until recently. You can bet that many employers of illegal aliens made no attempt to hire workers through this program, and that most workers didn't seek work through it.

Mara Alexander


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New Appointment
The Migration Policy Institute is pleased to announce that noted migration scholar Michael Fix will become Vice President and Director of Studies effective January 2005. In this capacity, he will provide intellectual guidance to the Institute's entire research agenda while further developing MPI's concentration on immigrant integration. Michael Fix, an attorney, serves as a Principal Research Associate at the Urban Institute, where he has directed the Immigration Studies Program since 1998.

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 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to 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 or members of the Immigration Daily Advisory Board. The opinions expressed in the Comment section are those of ILW.COM and Immigration Daily and do not necessarily represent the views of the members of the Immigration Daily Advisory Board.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Advisory Board:   Marc Ellis, Gary Endelman