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Immigration Daily

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Immigration Daily January 25, 2010
Previous Issues
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Paper Sons

The Los Angeles Times reports on how some Chinese immigrants used the 1906 San Francisco earthquake to get around the Chinese Exclusion Act of 1882. "By claiming to be citizens whose records had been lost in the destruction, they became free to travel to China; once there, they could either bring back blood relatives or sell their paperwork to others who would claim to be family members -- paper sons."

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


Employer Compliance For Experts

Wednesday, January 27th is the deadline for the Thursday, January 28th phone session of "Employer Compliance For Experts" with speakers Patrick Shen, Brett Dreyer, Cynthia Lange, Priscilla H. Muhlenkamp, Michael Patrick, Jennifer Sultan and Other Speakers To Be Announced. The curriculum is as follows:

FIRST Phone Session on January 28: The Obama Administration's New Enforcement Focus

This presentation is premised on DHS Worksite Enforcement priorities as provided in the April 30, 2009 announcement by Secretary Napolitano, and subsequent initiatives announced throughout 2009. The presenters will discuss briefly the policy of the Obama Administration, but the bulk of the presentation will be practical tips and best practices on how to avoid liabilities and prepare for federal and state audits. Program highlights include:

  • Establishing an in-house I-9 compliance program to reduce your clients' liabilities
  • Preparing for an ICE and state government I-9 audit
  • Avoiding pitfalls that may result in, and defending against, employment discrimination claims
SECOND Phone Session on February 18: Maintaining a Legal Workforce

The speakers during this program will discuss recent Department of Labor enforcement, including enforcement and adjudication trends involving the labor condition application and PERM applications. The program also will include a segment on audits by the US Citizenship and Immigration Services' Office of Fraud Detection and National Security (FDNS) on H-1B petitions. Program highlights include:

  • Best practices on maintaining LCA and PERM files
  • Tips on how to prepare for an LCA or PERM audit
  • Better understanding of what to expect during the FDNS site visits and how best to prepare for such visits
THIRD Phone Session on March 11: Proliferation of E-Verify

In today's heightened enforcement environment, the federal government and an increasing number of state governments are requiring employers to participate in E-Verify, an electronic employment eligibility program. Beginning September 8, 2009, many federal contractors and their subcontractors are required to begin using E-Verify. In addition, the government is utilizing sophisticated data-mining techniques to monitor employer usage and to scrutinize employers' compliance with the complex terms of participation. Program highlights include:

  • Obama Administration's emphasis on E-Verify and impact on federal contractors
  • Trends among state legislation requiring use of E-Verify and complications for employers with multi-state presence
  • Liabilities that may result from enforcement of new monitoring and compliance regulations
Wednesday, January 20th is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.


January 2010 Visa Bulletin: PD Predictions For FY10
Sheela Murthy et al., attorneys from the Murthy Law Firm write "The Visa Bulletin for January 2010 provides some helpful predictions for the future movement of cutoff dates in the EB categories for the fiscal year 2010, which ends September 30, 2010."

Immigration-Related Provisions Of Senate And House Health Reform Bills
James R. Edwards Jr. for the Center for Immigration Studies writes "The Senate's Patient Protection and Affordable Care Act, substituted into HR 3590, and the House-passed Affordable Health Care for America Act, HR 3962, each contain provisions that purport to bar illegal aliens from benefiting from certain health programs."

Enforcing Immigration Laws: Repairing our Broken Immigration System
Benjamin E. Johnson et. al. for the Immigration Policy Center write "Comprehensive reform must recognize that strong employment protections for all workers reduces the incentive for unscrupulous employers to hire and mistreat unauthorized workers, thereby improving wages and working conditions for all workers."

Bloggings On PERM Labor Certification
Joel Stewart writes "The lesson of this case is that materiality is the important issue in PERM processing, not mere technicalities. Although "harmless error" is specifically omitted from the PERM rule, it is, nevertheless, alive and well."

To submit an Article for consideration, write to


USCIS Publishes QAs On Haiti Adoptions
USCIS published a set of questions and answers providing information for United States citizens in the process of adopting a child from Haiti.


Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:

I-9 And E-Verify Compliance Technology
What do top employment firms, leading I-9 experts, and 3,000+ US worksites all have in common about their I-9 and E-Verify compliance strategy? LawLogix's state-of-the-art integrated I-9 and E-Verify system that provides organizations with a platform to create, store, and easily manage secure electronic and error checked I-9's and E-Verify results. LawLogix boasts a 9-year track record, successful migration of over half a million paper I-9s, unmatched data security, and cutting edge features to assist organizations with state and federal compliance (e.g., FAR Executive Order 13465). We offer a systematic approach to the reduction of compliance risks including the automated digitizing and transcription of old I-9s, real-time error checking of new electronic I-9s, and data integration with current HRIS systems. Tangible results: time-saved, fewer paid fines, significant reductions in compliance and reputation risks. Visit:, email or call today 602-357-4240 ext. 7150 to sign-up under our money back guarantee or to request your private demo.


Cecilia Munoz Tells It Like It Is On Immigration Reform Prospects?
It was clear that Obama, personally and his administration, while deeply sympathetic aren't committed enough to immigration reform to lead the way, to frame the issue, to spread the vision of an immigration policy that would indeed fix the broken system.

SC Latinos Regroup For Immigration Reform
In recent weeks, Latinos in South Carolina have gathered for food and conversation to discuss a strategy for immigration reform.

Don't Assume That Immigration Reform Is Dead
All the more reason that the White House has to recommit itself to comprehensive immigration reform, even without the support of the soon-to-be junior senator from Massachusetts.

Irish immigration Center Takes Murphy To Task Over 'No amnesty For illegals'
The Irish Immigration Center in Philadelphia is urging those who support the undocumented Irish to call their Congressman, Patrick Murphy, to say they oppose his stance on comprehensive immigration reform.


Readers can share professional announcements (up to 100-words at no charge), email: To announce your event, see here

Immigration Event - Chatham. MA
March 25 - The Cape Cod Chamber of Commerce and the Lower Cape J-1 Host Housing Program are pleased to present "Successfully Maintaining A J-1 Seasonal Workforce - The Benefits For Cape Cod" for more info see


Readers can share comments, email: (up to 300-words). Past correspondence is available in our archives

Dear Editor:
Robert Xiao's letter (01/22/2010 ID) mentions that, in determining whether someone is in the US legally, we need answers to dozens of questions about the person's history. This is correct, but is this a feature of the system or a bug? There are benefits to having a high bar to legally entering the country, but in an era of increased global mobility we must have a system that people of average intelligence can safely navigate without needing to have immigration lawyers on retainer. Merely more vigorously enforcing the current immigration laws is a fruitless task because the laws are so complex, confusing, and contradictory that in many seemingly straightforward situations no one - government officials, immigration lawyers, or the aliens themselves - can comfortably say that if you do X, Y, and Z that you are in complete compliance with the immigration laws. There is no way to legitimately and rationally enforce laws in such an environment and that, among other reasons, is why enforcement alone is insufficient and reform of the immigration laws is necessary.

Scott T. Decker, Esq.
Albany, NY

Dear Editor:
After years of alleged cover-ups concerning the deaths of immigrants in ICE detention facilities, that agency has just released a list of 92 people who have died in its custody from October 2003 to the present. The list is available on AILA's website, which also mentions over a dozen articles in the New York Times alone about the difficulties of getting information about ICE detainees, despite many allegations of abuse and medical neglect. These allegations appear to be borne out by the fact that by far the most commonly given cause of death on ICE's list is illness (other than AIDS). 14 deaths were listed as suicides. This information appears to bear out the allegations that ICE has been maintaining a network of "black hole" prisons where detainees have no rights or protection against mistreatment. However, in Guantanamo and the CIA secret prisons, the detainees were at least suspected terrorists. In contrast, 28, or almost one third, of the deceased ICE detainees were listed as "non-criminal", and there is no indication that any of them were terrorists. Of the two thirds listed as "criminal", at least some of the alleged crimes may have been "aggravated felonies" such a stealing a tube of toothpaste. The purpose of immigration detention is supposed to be enforcing the law. But what law provides that so many immigrant detainees shall die in custody? Why have there been no investigations or prosecutions of those responsible for running this immigration gulag? It is time for some long overdue law enforcement.

Roger Algase, Esq.
New York, NY

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X