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Immigration Daily September 13, 2010
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Comment: The Supremes On State Police Powers - We take a look at our crystal ball, and the political road ahead in the 112th Congress on state regulation over immigrants (nota bene: NOT immigration). First a recap. Some time ago, the 9th circuit in Chicanos por La Causa Inc v. Napolitano found in favor of the state's police powers in Arizona, cert was granted in early summer, the hearing will happen early in 2011, with a decision in late spring 2011. The 3rd circuit recently took a 180-degree opposite tack in Lozano v. Hazelton, and found that there was substantial conflict with IRCA when local governments used their licensing powers, appeal will likely be taken, though cert may not be necessary since the aforementioned 9th circuit case will be decided in the meanwhile.
While some have said that it is futile to forecast which way the Supremes might move in a case, we believe that some reasonable predictions are safe to make, and moreover, are necessary to make in light of the significant, perhaps critical, role that the immigration vote will have in the 2012 election (by immigration vote, we mean both pro and anti). It is our opinion that Ginsburg, Breyer, Sotomayor and Kagan will likely take the 3rd circuit view and find pre-emption, upholding the supremacy of the federal legislature in immigrant matters. We further believe that Scalia, Thomas, Roberts and Alito will likely find that the States retain their powers on licensing matters, even when immigrants may be thus regulated, even harshly regulated. This will leave Justice Kennedy, in his usual role of tie-breaker. None of the above is particularly insightful, since the Court has split on roughly the above lines for quite some time now on many controversial topics. On this matter, we believe that Chief Justice Roberts will likely find a way to narrow the holding in such a way as to bring Mr. Kennedy on board with the conservatives, thus making for a conservative majority opinion. We believe that this is likely, and if we are correct, will have major implications for the 112th Congress and the 2012 presidential election. The reason is plain. Once given the green light by the Supremes, hundreds of bills and ordinances regulating immigrants will follow in dozens of states, making life hell for immigrants, the final chapter, in a way, of the attrition through enforcement strategy. Many, many states will likely follow Arizona down a dark road. We expect this will happen in short order, in fall 2011, and continue into the winter through the spring of 2012. This will bring out the nativist vote on the right, and the Latino vote on the left. The 112th Congress, should it tack right on immigration, will find itself under attack from both sides for not being hard enough on immigrants, and for being too hard. Naturally, this will also affect the Republican primaries, further alienating the Latino vote from the Republican party. It may also affect the Democratic primaries, since, should President Obama be challenged, the Latino vote will likely be an important part of the challenger's coalition against the President. Of course, the President will have had nothing to do with the Supremes' decision on IRCA, but politics sometimes moves in crooked lines, not straight ones.
To sum up: IRCA is political dynamite, and to the extent that immigration practitioners and advocates are looking ahead at the 112th Congress and the 2012 election, they should be aware that the Supreme Court's expected ruling on Chicanos por La Causa early in 2011 will likely play a large part in their professional lives next year.

Article: If New EOIR Inquiry Logic Used By Phone Company by Jan H. Brown

Article: Letter to DOS About Inappropriate K Adjudications by Paul Parsons

Article: Rethinking Immigration: It's Always the Economy, Stupid! by Angelo Paparelli

Article: MU & the PNAA by Christopher T. Musillo

Article: Asylum: Some Progress, But Much More Needs to be Done by Carl Shusterman

Article: Mexico Is Suing Arizona Over Immigration Law by Matthew Kolken

Article: Gay Saudi Diplomat Fears Return to His Country by Jason Dzubow

News: USCIS Reminds Salvadorans to Follow Late Re-Registration for TPS Guidance Update

News: OIL Releases Immigration Consequences Of Criminal Convictions: Padilla v. Kentucky

News: CRS Report On Unauthorized Aliens Access To Federal Benefits: Policy And Issues

Focus: Marriage Cases
Tuesday, September 14 is the deadline for the Thursday, September 16 phone session of Family Immigration For Experts with Michelle L. Lazerow (discussion leader), Jason Abrams, Marc Ellis, Maurice Goldman, Nancy Peterson, Melvin Solomon, and Parastoo Zahedi. The curriculum is as follows:

  • Bona fide marriage
  • How to prepare for interview
  • Marriage while in proceedings
  • Fraudulent first marriage
  • 751's
    • Filing joint 751
    • Good faith waiver
    • Divorce at time of filing Form-751
    • NTA for not filing Form-751
    • Combining with NATZ application
Tuesday, September 14 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.

Headline: DREAM Act: a low-hanging fruit in the immigration debate that can still be a reality before November 2010
Headline: Congress may look at birthright citizenship' debate
Headline: Criminal Contempt Charges Against Immigration Counseling Service Underline a Big Problem in Texas
Headline: Gay couples seeking immigration rights:
Headline: Immigration issues hurting Obama, poll finds
Headline: Nurse Immigration Book: your guide 4 preparing a case, understanding the nursing crisis & recruiting nurses. Get ur copy
Headline: Politico: Dems plan for a future without Pelosi
Headline: The Immigration Compliance Book: Understand I-9 concepts, I-9 advanced topics and E-Verify. Get your copy today at
Headline: Removal Book: Learn abt removal proceedings, relief from removal, appeals & much more. For table of contents & get copy
Headline: What If Restaurants Stopped Hiring Undocumented Immigrants?
Headline: Anti-Anti Immigration: Principles to Make Migration Work

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Help Wanted: Immigration Paralegal
Sarasota, FL - A sole practitioner practice on the Florida Gulf Coast seeks experienced immigration paralegal. The practice is a full-service immigration firm with European and British clientele. Seeking paralegal with 3+ years of experience preferably in business, professional and family immigration. Send resume and writing sample to or Donna Scarlatelli, Scarlatelli, P.A. , 777 S. Palm Avenue, Suite 8, Sarasota, FL 34236.

Help Wanted: Immigration Paralegal
Atlanta, GA - The corporate immigration firm of Berry Appleman and Leiden LLP in Atlanta seeks entry and mid-level Immigration Assistants/Paralegals to join a dynamic legal team. We offer a collegial work environment that places a high value on collaboration. Must have excellent writing skills, be highly organized, and have the ability to multi-task. Must also be able to work within strict time lines, have excellent customer service skills, and a high attention to detail. Responsibilities would include assisting attorneys in the preparation, filing and tracking of various immigration applications and petitions. Bachelors degree required. Masters degree preferred. Previous immigration law experience is a plus. Please email cover letter, resume, and salary requirement with the title "Atlanta-Immigration Assistant" in the subject line to Salary DOE. No phone calls please. Not accepting resumes from third party vendors or recruiters at this time. Only qualified applicants will be contacted.

Case Management Technology
Which company do Fortune 500 Companies, top immigration firms, non-profits, one of the world's largest retailers and 2.4 million+ foreign nationals choose for their comprehensive immigration management needs? They choose EDGE, by LawLogix. LawLogix boasts unparalleled immigration experienced customer support to ensure we not only answer your call, but we answer your question! Offering a full range of options for transferring your current client files, LawLogix enables your firm to easily adopt EDGE with no downtime. LawLogix EDGE is the #1 integrated immigration forms, billing and case management system with online access for clients. EDGE provides around the clock access for your clients to check the status of their case, fill out intake questionnaires, review and print forms, and communicate with you securely. The online client access reduces the number of case status inquiry calls, and allows you and your staff to work more effectively. EDGE provides exceptional reporting capabilities. Quickly and easily configure any reminder, case status, consultations, milestone report with 1 click while making your job easier and more enjoyable. Visit us at, email, or call today 877-725-4355 ext. 2 to request your Private VIP demo.

PERM Services
At Jon Byk Advertising, Inc., we provide a wide range of services that will help fulfill your PERM recruitment requirements quickly, cost-effectively, and efficiently. With 15+ years of experience working with one of the nation's largest immigration law firms, our customer service is unparalleled. We understand the importance of meeting DOL requirements with regards to ad content, media selection, ad documentation (tear-sheets), and deadlines. We will locate publications that meet DOL and EDD requirements by geographic region, provide upfront pricing, and timely deliver original tear-sheets for all ads (print, online or broadcast). Our experience in recruitment solutions means valuable time saved for you. For more info and a free quote, contact Mya Le at 310-476-3012 or Please visit our website for special offers and discounts.

Immigration Law Certificate
Classes offered both online and in-person. Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. For more information on class schedules, tuition and fees, course applications and to register, see here.

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ComingsNGoings: New Associate
Winsor & Tirado, PLC is pleased to announce that Denis DaSilva has joined the law firm as an associate. Mr. DaSilva will focus on the intersection of criminal and immigration law in Arizona. He joins Rafael Tirado and Claudia P. Lopez.

Readers can share professional announcements (up to 100-words at no charge), email:

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