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Immigration Daily June 26, 2012
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Comment: Decision Day - U.S. v. Arizona

The Supreme Court released its ruling in Arizona v. United States today, which dealt with the federal government's challenge to the state's controversial immigration law, S.B. 1070, which gave local law enforcement enhanced rights to police the immigration status of individuals and essentially forced immigrants to carry papers with them showing that they are legally in the country. The court issued a decision that struck down portions of the law while allowing others to remain in effect. The court held that federal law does not preempt Arizona's instruction to law enforcement to check the immigration status of people they detain. It is important to note, however, that this ruling does leave open the possibility that this particular provision could be reviewed and ultimately struck down if its enforcement is allegedly being done in a discriminatory fashion.

In this opinion, the Court also pushed back against the tactics of the Arizona legislature, the first of several states to put policies like SB 1070 into place. In the Court's decision, which fell at 5-3 (with Justice Kagan not taking part), Anthony Kennedy writes "the national government has significant power to regulate immigration" and that Arizona or others "may not pursue policies that undermine federal law." Thus, while not striking down the heart of the law, the Court handed a considerable victory to the Obama administration. The decision also supports and reinforces the role of Congress, not individual states, as the arbiters and sources of immigration policy. Of course, Congress has refused to act in any meaningful way on immigration for many years. This decision should be taken by Congress as a directive to act affirmatively on immigration matters - failure to do so will only result in more states trying to regulate it themselves and will leave our nation with an even more fractured immigration policy than that which we currently have. Whether Congress will take it as such, however, remains to be seen. How do you view this decision? Share your thoughts with us at

Article: DREAMer Deferred Action Questions And Concerns by Alan Lee

Article: Obama's New Immigration Initiative: "Slight Of Hand" by Dan Vara

Bloggings: Romney Immigration Address Baffles Observers by Greg Siskind

Bloggings: WARNING to DREAMers That Want To Apply For Deferred Action by Matthew Kolken

Bloggings: Supreme Court's Radical Right Majority Is Expected To Deal Two Devastating Blows to Immigrants, Middle Class Americans And Democracy Itself by Roger Algase

Bloggings: PERM Withdrawal During Audit Or Supervised Recruitment May Have Consequences by Joel Stewart

Bloggings: Immigration Lawyers Arguing: "Can I Work From Home For A Foreign Employer? by Angelo Paparelli

News: Supreme Court Issues Mixed Opinion On Arizona Immigration Law

Focus: Asylum For Experts

Tuesday, June 26 is the deadline to sign up for the Thursday, June 28 phone session of "Asylum For Experts" with David L. Cleveland, Jeffrey Martins, Hilary Han, and Other Speakers to be Announced. The curriculum is as follows:

FIRST Phone Session on June 28:

  • Economic harm
  • Abortions, IUDs, and "Added" Children
  • Emotional Harm: How to Demonstrate it Without an Expert
  • "Social" and "Environmental" Harm; Ostracism
  • "At Least One Central Reason" Means What? Parussimova v. Mukasey
  • Proving Motive and "Nexus"
  • Political Opinion
  • Whistle-Blowing and Resisting Corruption
  • Imputed Opinion
  • Protesting in USA

SECOND Phone Session on July 12:

  • Particular Social Groups
    • Gangs Matter of S-E-G- 24 I&N Dec. 579
    • Domestic Violence
    • Forced Marriage
    • Genital mutilation
  • Bars to Asylum
    • The One-Year Deadline
    • Persecutor of Others
    • Crimes
    • Terrorist Activity
    • Firm Resettlement
    • Internal Relocation
    • Material Support

THIRD Phone Session on August 2:

  • Discretionary Denials
  • Past Persecution, but Now a Change in Circumstances
  • "Other Serious Harm"
  • Withholding of Removal
  • Convention Against Torture
  • Corroboration
  • Country Conditions: From What Sources?
  • How to Draw the Story Out of Client
  • How to Motivate the Client
  • How to Persuade the Asylum Officer
    • What exhibits should be given? How many?
  • How to Persuade the Immigration Judge
  • FOIA the Assessment?
  • What Kind of Exhibits?
  • What is a leading question?
  • Forensic Reports
  • Letter From an Embassy
  • How Accurate Is the Translator?
  • Why Do Clients Lose?
  • What mistakes do other lawyers make?
Tuesday, June 26 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: Supreme Court upholds key part of Arizona immigration law
Headline: Hispanic Voters Put Other Issues Before Immigration...
Headline: 5 things to look for in health care, immigration rulings
Headline: Supreme Court Set to Rule on Arizona Immigration Law
Headline: Romney campaign co-chair: Romney would rescind the President's action on Dream Act
Headline: Opinion: immigration recap: Republicans do more, again, than Obama
Headline: Obama shifts on immigration and gay marriage, galvanizing voters
Headline: USCIS Naturalizes Former Refugees to Commemorate World Refugee Day
Headline: USCIS wants DREAMers to wait till mid-August to apply for employment authorization cards
Headline: Why Obama's New Immigration Policy is Good for the Economy | Care2 Causes
Headline: Rubio criticized President Obama's handling of the immigration issue in an election year
Headline: Economic Benefits of Granting Deferred Action to Unauthorized Immigrant Youth
Headline: Immigration Daily Comments On Letter From Twenty Republican Senators To The President

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Letters of the Week: Margot Champagne, Kalpna, Icdg, Don Crocetti, Nolan

ComingsNGoings: Immigration Reading
Aftermath: Deportation Law and the New American Diaspora - Daniel Kanstroom - Oxford University Press, USA, 264 pp- Hardcover, ISBN: 0199742723, $29.95 -

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Publisher:  Sam Udani    ISSN:   1930-062X
Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Greg Siskind, Joel Stewart, Margaret Wong