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    by , 08-03-2010 at 07:14 PM (Greg Siskind on Immigration Law and Policy)
    Lou Dobbs actually takes the GOP to task for their new extreme position on repealing the 14th Amendment.
    I wonder if those nitwit wingnuts pushing for this would casually accept the repeal of the 2nd Amendment as well?

    by , 08-03-2010 at 12:20 PM (Greg Siskind on Immigration Law and Policy)
    It takes a lot of razzle dazzle for a state attorney general to make national headlines on a regular basis, but Virginia Attorney Generaly Ken Cuccinelli is doing his best. His latest attention-grab is his issuing an opinion yesterday that law enforcement officers in the state can ask anyone in the state they stop for another reason about their immigration status. He draws an odd distinction - that officers have the discretion to ask or not ask and are not required to do so. This just seems to make racial profiling even more likely and doesn't at all address the big reason for Judge Bolton's injunction - that this power is reserved for the federal government under the Constitution.
  3. Aug 3 - Virginia Follows Arizona

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    August 3, 2010,0803.shtm
    3 Articles
    3 News Items
    19 Headlines
    Classifieds: Help Wanted: Immigration Professionals, Help Wanted:
    Immigration Paralegal, Help Wanted: Immigration Paralegal,
    Translation Services, Website Services
    1. Headline: Virginia legal opinion supports checks of
    immigration status
    2. Article: The "Leaked" Mayorkas Memo by Roger Algase,0803-algase.shtm
    3. Article: As Virginia AG Targets Immigrants, What About Asylum
    Seekers? by Jason Dzubow,0803-dzubow.shtm
    4. Article: Lady Gaga To Turn Arizona Show Into A Protest Against
    Arizona by Greg Siskind,0803-siskind.shtm
    5. News: DOS Publishes Final Rule On Electronic Application For
    Immigrant Visa and Alien Registration,0803-dos.shtm
    6. News: USCIS Publishes Fact Sheet On New Website Features,0803-uscis.shtm
    7. News: CRS Report On Immigration Consequences Of Criminal
    8. Focus: THE H-1B BOOK
    THE H-1B BOOK is Edited by Karen Weinstock, and features
    contributions by Prakash Khatri, Courtney Black, Mikiel J.
    Davids, Melissa Downing, Rajeshri Patel, Ari J. Sauer, and Elissa
    Taub. The Table of Contents is as follows:
    First Step: Interview The Client
    Second Step: Send The Client Intake Forms And Related Information
    Third Step: Credentials: Verify That The Worker Has A US
    Bachelor's Degree Or Equivalent
    Fourth Step: Determine The Prevailing Wage
    Fifth Step: Prepare And File The Labor Condition Application
    Sixth Step: Prepare The I-129, Related Forms And Petition Letter
    Seventh Step: Send All The Forms And Petition Letter To The
    Client For Review & Signature
    Eighth Step: Assemble The H-1B Petition And Send To The USCIS
    Service Center
    Ninth Step: Troubleshooting
    Tenth Step: Post-Approval Case Management
    H-1B Degree Equivalency
    Reviewing The Path To Permanent Residency
    Traveling On An H-1B Visa While Petition Or Application Is
    Dealing With Gaps In Employment
    Temporary Visa Alternatives To The H-1B
    The History And Economic Impact Of The H-1B Visa
    When Are H-1B Visas Cap Exempt?
    For more information about the book and to order, see here.
    For the fax form, see here.
    9. Headline: Virginia Attorney General Ken Cuccinelli wants
    immigration checks
    10. Headline: GOP includes immigration in Fall agenda.
    Enforcement and reaffirmation of state power to be discussed at
    town halls
    11. Headline: McConnell Says 'Blatant' Politics Behind Obama's
    Arizona Immigration Suit
    12. Headline: The (Un)**** Side of Immigration Reform: fixing our
    visa system
    13. Headline: I-140 Book: An attorney's guide on I-140 EBIV
    Process. For the complete table of contents and to order see
    14. Headline: "Patchwork" Immigration Reform Won't Work According
    to Obama
    15. Headline: Brewer wants to make minor "tweaks" to Arizona
    racist immigration law SB1070
    16. Headline: Francisco Gutierrez an undocumented student that
    would benefit from the dream act
    17. Headline: Anonymous Letter From An Undocumented Parent
    Regarding Dream Act
    18. Headline: Students are on hunger strike for the Dream Act
    19. Headline: Celebrity Lady Gaga slams Arizona immigration law
    SB1070 during concert
    20. Headline: Immigrant hate crime in Staten Island. police are
    still searching for attackers.
    21. Headline: Student Deported With His Family Inspires DREAM Act
    22. Headline: VA police can ask about Immigration status
    23. Headline: Arizona was once tolerant of immigrants. What
    24. Headline: USA officials boost efforts to protect immigrant
    crime victims
    25. Headline: USA Has Long Way To Go In Race Relations
    26. Headline: Border Deployment Will Take Weeks immigration
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    Washington, DC - U.S.
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    ComingsNGoings: New Honor The National Immigration Project
    announces the 2010 recipient of its Carol Weiss King Award for
    excellence in the pursuit of social justice through organizing,
    litigating, and teaching. This year's award will go to Barbara
    Hines, one of NIPNLG's most dedicated allies in the struggle for
    immigrant rights. Barbara Hines co-directs the immigration
    clinic at the University of Texas School of Law.
    Readers can share professional announcements (up to 100-words at
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    The first daily in the field of immigration. Forward this to a
    Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X
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    by , 08-03-2010 at 11:51 AM (Greg Siskind on Immigration Law and Policy)

    Okay, here's a shameless plug from a proud father for a worthwhile charity project of my fourteen year old daughter Eden. For the second year, she's organizing a 5-K to raise money for an art therapy program for Darfurian kids at a refugee camp in Chad. The program is run by the Hebrew Immigrant Aid Society, America's oldest refugee and immigrant assistance organization.  Folks in Memphis - please consider coming out to run or walk. And others who are interested in supporting the cause can make a donation via the race web site. Thanks everyone!

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  5. Back Door Amnesty? Read the Memo! On July 29, the National Review Online broke the story about a leaked USCIS memo entitled "Administrative Alternatives to Comprehensive Immigration Reform".

    Immediately, Senate Republicans went on the attack. Senator Charles Grassley(R-Iowa) did not hesitate to invoke the dreaded "A word": "This memo give credence to our concerns that the administration will go to great lengths to circumvent Congress and unilaterally execute a back door amnesty plan."

    A "back door amnesty plan"? Whoa!

    Now, wouldn't that be a great issue for the Republicans in the November elections? However, Senator Grassley must be hoping that people will not take the time to read the memo. His quote has more spin than the Shirley Sherrod smear.

    It's time to get back to basics. What does the memo actually say?

    It begins with the following statement of purpose: "This memorandum offers administrative relief options to promote family unity, foster economic growth, achieve significant process improvements and reduce the threat of removal for certain individuals present in the United States without authorization. It includes recommendations regarding implementation timeframes and required resources."

    The memo suggests that "to promote family unity", the USCIS could re-interpret two previous agency memos to enable persons who entered the U.S. without inspection and were later granted Temporary Protected Status (TPS) to be paroled in order to allow them to adjust their status. Would this be a back door amnesty for a few hundred thousand persons in TPS status?

    Consider a person who entered the U.S. from El Salvador many years ago and was granted TPS. In accordance with the law, he was granted employment authorization, and has been working and paying taxes in the U.S. since then. A few years ago, he married a citizen of the U.S. and they have two children together, a son and a daughter. However, despite his legal status in the U.S., he will never be able to adjust his status to permanent resident. As the memo suggests, if the USCIS deemed him to be a parolee, he would be able to adjust his status and eventually apply to become a citizen. Problem solved. The family would no longer have to worry about him having to leave the U.S. This would be the just and humane thing to do, and is light years away from granting him amnesty. The number of persons with TPS who would be eligible to adjust status in the U.S. would be a small fraction of the total.

    The memo also proposes increased cooperation between the USCIS and the Department of Commerce to encourage persons to participate in the immigration investor (EB-5) program in order to create jobs for American workers. It also recommends considering the expansion of the "dual intent" concept to cover long-term nonimmigrants in F, O, TN, P and E status.

    The memo proposes extending employment authorization to the spouses of certain skilled workers. For example, the memo specifically refers to H-1B professional workers who have been sponsored for permanent residence, and have extended their status beyond six years under AC-21. Their spouses would finally be able to receive employment authorization.

    The USCIS has always had the authority to define what constitutes "extreme hardship" for the purpose of obtaining waivers of the 3 and 10 year bars. Under the previous administration, the standards for demonstrating the requisite amount of hardship were so high and uncertain that many persons were separated from their spouses, parents and children because some officer determined that the hardship that they would suffer from being separated from their families for 3-10 years was not "extreme". The memo suggests that the USCIS issue guidance or a regulation reducing this standard in order to promote family unity.

    The memo also proposes expanding the existing "grace periods" for persons with temporary working visas to wind up their affairs in the U.S. from 10 days to a more reasonable period of time. It would increase revenues for the agency by increasing the number of employment-based applications and petitions eligible for premium processing.

    Finally, it is well-known that every law enforcement agency is entitled to exercise "prosecutorial discretion". I don't seem to recall Senator Grassley, or any other Senator for that matter, going to the press when INS Commissioner Doris Meissner issued a prosecutorial discretion memo in 2000, when ICE's William Howard did so in 2005 or when ICE Chief Julie Myers followed suit in 2007.

    Suggesting that USCIS may want to exercise prosecutorial discretion not to issue Notices to Appear to persons who would be eligible for benefits under the DREAM Act is not exactly a radical idea given that ICE already grants deferred action to many of these students. If they are not going to be deported, does it make sense to expend precious time and resources to put them through long and complicated removal proceedings? To this former INS prosecutor, this seems like a no-brainer. The Immigration Courts are already burdened with ever-increasing backlogs. Let's focus on deporting criminals and drug dealers, not honor students who grew up in the U.S.

    The government assures us that this is only an internal memo generated to promote discussion of the issues. Yet anti-immigrant zealots and those with political motives are trying to frighten voters by stating that this rather innocuous memo is part of a nefarious plot to eliminate our borders and seize power from Congress. In reality, the memo merely carries on the long tradition of administrative agencies exercising their discretion to improve the way that they implement their legal responsibilities, and it proposes doing so in a measured and incremental way.

    I suggest that everyone take a deep breath and allow the USCIS to do it's job.

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    Updated 12-02-2013 at 04:30 PM by CShusterman

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