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  1. MPI: RECESSION IMPACTING GLOBAL MIGRATION PATTERNS

    by , 09-08-2009 at 06:09 AM (Greg Siskind on Immigration Law and Policy)
    The Migration Policy Institute has released a report outlining the impact of the global downturn on the movement of immigrants. Key findings include the following    The recession has dampened the movement of economic migrants to the major immigrant-receiving regions of the world. And, counter to some widely held public perceptions, immigrants overwhelmingly are choosing to stay put in their adopted countries rather than return home despite higher unemployment and lack of jobs.o    While the overall picture is one of sharp remittance decline, some regions are experiencing remittance increases or are holding steady. Though remittances have dropped globally amid the downturn, they remain an important source of income for immigrant-sending countries as other financial streams, including export revenue and other forms of foreign private investment, have proven much more volatile. o    The recession has hit migrants and their financial well-being particularly hard, with repercussions not only for the migrants themselves and their households but for immigrant-sending and receiving countries alike.
  2. IMMIGRANT OF THE DAY: ALBERTO 'BETO' PEREZ: FITNESS CRAZE CREATOR

    by , 09-06-2009 at 08:19 PM (Greg Siskind on Immigration Law and Policy)
    Colombian immigrant Beto Perez is the creator of Zumba, an aerobics program set to Latin music, that has attracted a large following worldwide. The Orlando Sentinel reports Perez's rags to riches story in Florida.
    Attached Thumbnails Attached Thumbnails Click image for larger version. 

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  3. SHERIFF JOE HARBORING HIGHER POLITICAL AMBITIONS

    by , 09-06-2009 at 06:54 PM (Greg Siskind on Immigration Law and Policy)
    The Phoenix Business Journal reports that Maricopa County Sheriff Joe Arpaio, a hero of the anti-immigrant set, is considering running in next year's Arizona gubernatorial primary against incumbent Republican Governor Jan Brewer.
  4. Sep 4 - Legislators Who Hit And Shoot People

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    September 4, 2009
    http://www.ilw.com/immigdaily/digest/2009,0904.shtm
    Items:
    1.* Comment: Legislators Who Hit And Shoot People
    2.* Focus: Business Immigration Law
    3.* Articles:
    *** (a) H-1Bs Exempt From Furloughs by Rob Sanchez
    *** (b) Bloggings On Nurse And Allied Health Immigration by
    *** Christopher T. Musillo
    *** (c) Immigrant Of The Day: Alfredo Quinones-Hinojosa of Mexico
    *** by Kevin R. Johnson
    4.* News:
    *** (a) Neufeld Memo On Successor-in-Interest Determinations In
    *** Form I-140 Petitions
    5.* Classifieds:
    *** (a) Help Wanted - Immigration Paralegal
    *** (b) Help Wanted - Immigration Attorney
    *** (c) Help Wanted - Immigration Attorney
    *** (d) Forensic Psychology Services
    6.* Headlines:
    *** (a) AG Warns NJ Police Against Immigration Patrols
    *** (b) Immigration Talks Seek Consensus For Miami-Dade Policy
    *** (c) American Apparel To Dismiss 1,500 Factory Workers
    *** (d) US Bishops Release Labor Day Statement
    7.* ComingsNGoings:
    *** (a) Submit Your Announcement
    8.* Letters From:
    *** (a) David D. Murray, Esq.
    *** (b) V. L. Corazon
    *** (c) Joseph St. Daniel
    http://www.ilw.com/immigdaily/digest/2009,0904.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    Books On Immigration Law: http://www.ilw.com/store/
    Immigration Law Seminars: http://www.ilw.com/seminars/
    Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
    Advertise: http://www.ilw.com/corporate/advertise.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    _________________________________________________________________
    1.* COMMENT
    Legislators Who Hit And Shoot People
    A new Southern Poverty Law Center report
    http://www.splcenter.org/news/item.jsp?aid=395
    details the shocking facts in Suffolk County, New York, where
    local law enforcement and local politicians are apparently trying
    to out-Hitler each other on the issue of immigration. The report
    says: "Fueling the fire are many of the very people who are
    charged with protecting the residents of Suffolk County - local
    politicians and law enforcement officials. At one point, one
    county legislator said that if he saw an influx of Latino day
    laborers in his town, "we'll be out with baseball bats." Another
    said that if Latino workers were to gather in a local
    neighborhood, "I would load my gun and start shooting, period.""
    When local politicians make threats of violence, it is high time
    for Congress to step in and address the immigration issue head
    on. It is Congress's duty to make immigration policy for the
    country. Once CIR is on the books as a statute, the Suffolk
    County terrorizers of immigrants will be shut up for good. Until
    then, the Congressional leadership (all Democrats at this time)
    is directly and deliberately responsible for permitting the
    situation to reach this deplorable state. Enough with the delays,
    already! Does any one still believe that health care and climate
    change are less controversial than immigration? We hope the
    appropriate Congressional committees will begin mark up on CIR
    soon.
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.* FOCUS
    Business Immigration Law
    ILW.COM is pleased to announce that "Business Immigration Law:
    Strategies For Employing Foreign Nationals" edited and co-
    authored by: Rodney A. Malpert and Amanda Petersen and its
    companion book "Business Immigration Law: Forms and Filings"
    published by Law Journal Press are now available for purchase.
    The Table of Contents for these works are as follows:
    Business Immigration Law: Strategies For Employing Foreign
    Nationals
    Chapter 1: Basic Concepts
    Chapter 2: Recruiting Foreign Nationals
    Chapter 3: Short-Term Needs
    Chapter 4: Specialty Occupation Professionals
    Chapter 5: Intra-Company Transfers
    Chapter 6: Investment and Trade: E Visas
    Chapter 7: NAFTA
    Chapter 8: Employee Sanctions
    Chapter 9: Tax Issues
    Chapter 10: The Interaction Between Immigrant and Nonimmigrant
    Statuses
    For more info, including how to order the Business Immigration
    Law: Strategies For Employing Foreign Nationals, see here.
    http://www.ilw.com/store/businessimmigrationstrategies.shtm
    For the fax order form, see here.
    http://www.ilw.com/store/businessimmigrationstrategies.pdf
    Business Immigration Law: Forms and Filings
    Chapter 1: Administrative, Legislative, and Regulatory Structure
    Chapter 2: Strategies and Obstacles to Consider Before Filing
    Chapter 3: Obtaining the Visa Status
    Chapter 4: Students and Business Visitors
    Chapter 5: Specialty Occupation Workers
    Chapter 6: L 1A / L 1B Multinational Transfers
    Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
    Chapter 8: NAFTA TN Professionals
    Chapter 9: O-1 Foreign Nationals with Extraordinary Abilities
    Chapter 10: Temporary Non-Agricultural Workers
    For more info on Business Immigration Law: Forms and Filings, see
    here.
    http://www.ilw.com/store/businessimmigrationforms.shtm
    For the fax order form, see here.
    http://www.ilw.com/store/businessimmigrationforms.pdf
    _________________________________________________________________
    3.* ARTICLES
    (a) H-1Bs Exempt From Furloughs
    Rob Sanchez writes "H-1B co-workers are unaffected by the
    furloughs and pay cuts."
    http://www.ilw.com/articles/2009,0904-sanchez.shtm
    http://www.jobdestruction.com/
    (b) Bloggings On Nurse And Allied Health Immigration
    Christopher T. Musillo writes "I often am asked by employers and
    nurses, whether they can be sponsored for an H-1B visa."
    http://www.ilw.com/articles/2009,0904-musillo.shtm
    http://www.muimmigration.com/
    (c) Immigrant Of The Day: Alfredo Quinones-Hinojosa of Mexico
    Kevin R. Johnson writes "A graduate of UC Berkeley and Harvard
    Medical School, Quinones-Hinojosa has been named to Popular
    Science Magazine's annual Brilliant 10 list."
    http://www.ilw.com/articles/2009,0904-johnson.shtm
    http://lawprofessors.typepad.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com
    _________________________________________________________________
    4.* NEWS
    (a) Neufeld Memo On Successor-in-Interest Determinations In Form
    I-140 Petitions
    Donald Neufeld, Acting Associate Director, Domestic Operations at
    USCIS published a memo amending the current Adjudicator's Field
    Manual guidance on factors for making successor-in-interest
    determinations in the adjudication of Form I-140, Immigrant
    Petition for Alien Worker.
    http://www.ilw.com/immigdaily/news/2009,0904-neufeld.pdf
    _________________________________________________________________
    5.* CLASSIFIEDS
    (a) Help Wanted - Immigration Paralegal
    Senior Business Immigration Paralegal - Downtown Washington, DC
    firm
    http://www.paulhaarlaw.com/
    seeking a mature and responsible paralegal with a minimum of 4
    years experience in business immigration cases, including NIV
    (H-1B, E, L, J, and O), IV (including EB-1, EB-2, EB-3, EB-5) and
    PERM.* Preference given to those with demonstrated EB-5
    experience. Bilingual Spanish/English speaker preferred.* Must
    have a Bachelor's degree and excellent native-level English
    writing skills. We are a boutique immigration firm with a fast-
    paced yet collegial atmosphere and no billable hours
    requirements. Salary commensurate with experience.* Please email
    resume, references and writing sample to paulhaar@aol.com[/email].
    No calls please.
    (b) Help Wanted - Immigration Attorney
    Honolulu, Hawaii - USCIS Office of the Chief Counsel (OCC) seeks
    experienced attorneys for for the position of Associate Regional
    Counsel, USCIS OCC, Western Region. Responsibilities include, but
    are not limited to, serving as an attorney providing on-site
    legal advice to the local District Office USCIS personnel on
    issues involving immigration related adjudications,
    inadmissibility and deportability grounds, and national security.
    J.D. degree, active bar membership, 2+ years of post-J.D.
    experience required. For full details enter COU-CIS-2009-08 here.
    http://www.usajobs.com/
    Applicants must submit (1) writing sample (10 pps. max) (2)
    resume (3) cover letter, to mailto:Kelli.Duehning@dhs.gov All
    submissions must be received by close of business on September
    18, 2009. GS-13/14/15. Position open until filled. No relocation
    allowance offered.
    (c) Help Wanted - Immigration Attorney
    Miami, FL - Ira Kurzban seeks an associate who is an* experienced
    brief writer and federal litigator in immigration matters to work
    in his firm's office
    http://www.kkwtlaw.com/
    in Miami. The lawyer should have excellent research, writing and
    analytical skills with at least 3 to 5 years of experience.
    Spanish speaking preferred. Forward your resume and two of your
    best written briefs or memoranda to mailto:ira@kkwtlaw.com or
    mail to 2650 SW 27th Avenue, Miami, FL 33133.* Health + pension
    plan. Competitive salary based upon experience.
    (d) Forensic Psychology Services
    Forensic Psychology Group - nationwide service - 800-852-2160.
    The Forensic Psychology Group provides nationwide expert witness
    services in all areas of immigration law. It is led by Stephen
    Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
    psychologists and attorneys, and also AILA members. The Group's
    experts - all licensed psychologists or psychiatrists - have
    extensive experience in working collaboratively with immigration
    lawyers on a wide range of forensic psychological issues. We
    offer nationwide service in the following areas: psychological
    consultation, psychodiagnostic evaluation, psychological reports,
    expert witness services, courtroom testimony, political asylum
    evaluation, extreme and exceptional hardship evaluations, spousal
    abuse, citizenship waivers. Dr. Stephen Reich, the Group's
    founder and director, is a nationally known forensic psychologist
    who holds a BA, JD, and MBA from Columbia University, and an MA
    and PhD in Clinical Psychology from Fordham University. He has
    been on the faculty of Weill Cornell Medical College and on the
    Attending Staff of New York Presbyterian Hospital for 30+ years.
    Visit The Forensic Psychology Group.
    http://www.forensicpsychologyexperts.com
    The right experts make a real difference.
    _________________________________________________________________
    6.* Headlines
    (a) AG Warns NJ Police Against Immigration Patrols
    New Jersey Attorney General Ann Milgram has sent warning letters
    to three law enforcement agencies reminding them to follow the
    rules when questioning people about their immigration status.
    (b) Immigration Talks Seek Consensus For Miami-Dade Policy
    A Miami-Dade County agency and immigrant advocates met to hammer
    out a unified position on immigration reform.
    (c) American Apparel To Dismiss 1,500 Factory Workers
    The employees couldn't prove their immigration status or had
    problems with their employment records, says the Los Angeles
    clothing manufacturer and retailer.
    (d) US Bishops Release Labor Day Statement
    The annual Labor Day Statement also touched on the continuing
    principles of the Church's social teaching, and* isues of health
    care and immigration.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0904.shtm#Headlines
    _________________________________________________________________
    7.* ComingsNGoings
    Readers can share professional announcements (up to 100-words at
    no charge), email: mailto:editor@ilw.com. To announce your event,
    see here http://www.ilw.com/corporate/media_sponsor.shtm
    (a) Submit Your Announcement
    If you have a professional announcement such as: New Position,
    Honors And Awards, Mergers & Acquisitions, New Office Address,
    New Appointment, New Associate, New Attorney, New Partner, that
    you wish to share with the Immigration Daily community, send your
    professional announcement to: mailto:editor@ilw.com.
    comingsNgoings announcements is a free service.
    _________________________________________________________________
    8.* LETTERS
    Readers can share comments, email: mailto:editor@ilw.com* (up to
    300-words). Past correspondence is available in our archives
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    From watching the trailer of "Sin Nombre" (09/03/09 ID comment),
    reading some reviews and watching a YouTube clip by the
    producer/director, Cary Fukunaga, I understand why the film won
    at Sundance. It has everything a film needs to tell a good story.
    There is a combination of fantasy, reality, cruetly, kindness,
    compassion, violence, intrigue, justice, injustice and a quest
    for a better life by young good looking people with whom the
    audience is sure to fall in love. Who can argue with a plot like
    that? In this film, there are those to love and those to hate,
    human emotion at its highest. One commenter on YouTube said, "I
    loved how this film raised awareness for? people like those
    portrayed in the film, whose struggle is often forgotten about...
    it was a really good movie too." Yes, it appears to be a
    "really good movie," but what message should Americans take away
    after seeing the film? Is it that since people have traveled a
    long and arduous journey seeking a "better life" in the US, they
    should be welcomed at the border and given Green Cards? I doubt
    that. There is injustice and oppression worldwide, the US
    included, everyone who reads the newspaper knows that. So what is
    the message in "Sin Nombre", other than that, ". ... it was a
    really good movie too."?* I see nothing more than great
    entertainment here, and perhaps a chance to thank my lucky stars
    that, like Bruce Springsteen, I was Born In The USA. But there is
    nothing in the film that contributes to the resolution of
    America's burgeoning immigration crisis and nothing that will
    guide the passage of the type of immigration legislation America
    needs.
    David D. Murray, Esq.**************** Newport Beach, CA
    (b) Dear Editor:
    Alan Greenspan, in his testimony before a Senate immigration
    committee chaired by Senator Charles Schumer, tried to justify
    the H-1B program by saying that wages of American professional
    workers (a "privileged elite") are too high and need to be
    lowered by exposure to more foreign competition. This argument is
    about as likely to convince immigration opponents to support
    increasing H-1B quotas as an argument that we need more "death
    panels" would be to convince seniors to support health care
    reform. With friends like Alan Greenspan, immigration supporters
    don't need any enemies. What is the real benefit of H-1B? It is
    that attracting skilled foreign workers helps American companies
    compete in the global marketplace and boosts our economy,
    creating more jobs and higher salaries for everyone. How could
    Senator Schumer, who is supposed to be taking the lead on
    immigration reform, have possibly picked someone like this for
    his start-off witness? Who will be his next "pro-immigrant"
    witness? Lou Dobbs? Tom Tancredo? Sheriff Joe Arpaio?
    V. L. Corazon
    (c) Dear Editor:
    Everyone, well almost everyone except the antis (what is the
    difference between the antis and the neonazis?), has been talking
    about enforcement only. Has anyone seen the makeup of the
    hierachy of ICE lately? God bless America.
    Joseph St. Daniel
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
    colleague!
    Publisher: Sam Udani** Legal Editor: Michele Kim** ISSN:1930-062X
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  5. Channeling the Immigration Spirits

    by , 09-04-2009 at 12:06 AM (Angelo Paparelli on Dysfunctional Government)
    Rarely do we outsiders hear the voice of government authority utter candid and intensely-felt views, unfiltered by in-house spinmeisters.  Surprisingly, my recent post, "Ignorance of Immigration Reality," evoked just that.  It unleashed a nether-worldly response from the sass-talking spirit of an anonymous immigration official, "Federale."  Apparently, not since Mary Todd Lincoln conducted sťances in the White House has a disembodied voice emanated so transcendentally while situated on government property.
    Here, then, are Federale's steamy spewings on what he sees as the real dysfunctions of our nation's immigration system (with my numbering inserted in brackets to make for conveniently cross-referenced retorts):

    [1] First, a note for readers, District Adjudications Officers, DAOs, no longer exist. Their title has been changed to Immigration Services Officer.
    [2] Next, as to the case of the hapless minister, a violation is a violation, and those, for the most part, are the only denials that occur, e.g. technical violations.
    [3] Perhaps that is just a lesson to have a good immigration attorney who knows the details.
    [4] But in any event, the R [religious worker] visa is one of the most abused in immigration and should be repealed. Of all the nations in the world, the U.S. is the most Christian, and should be able to provide its own ministers. But in reference to the R visa, which is a total and complete fraud, technical violations are the only way an ISO not assigned to the National Security and Fraud Detection section, can deny a petition.
    [5] Fortuneately [sic]technical violations are the way most fraudulent petitions are dealt with as well. USCIS takes to heart the Al Capone strategy, if you can't get them for terrorism or fraud, get then on a lesser offense. And that has saved the U.S. many a time when an Al Queda sleeper or sympathizer has tried to file a petition.
    [6] But I noticed that Paparelli did not address the facts of my post, which is hard quotas that ISOs and CAOs have. Even Asylum Officers have a hard quota of 9 cases a week, and this based on four day interviewing week with Friday being an administrative work day. There is a built in bias for approvals. Note also that ISOs don't even have fraud referrals mentioned on their Performance Plan, e.g. evaluation.
    [1] Federale, you caught me in a mistake; I confess. District Adjudications Officers (DAOs) are now known as Immigration Services Officers (ISOs). Though I challenge you to explain how the term "Services" can be accurately applied to the lawless shenanigans you attribute in your comment to the ISOs. 
    [2] Yes, "a violation is a violation," except when its committed by the CAOs, ISOs and their superiors who flout Congressional will.  You folks do this by (a) creating new law out of unchanged legislative text, and (b) devising extreme, sophistic interpretations that support your personal policy judgments to deny immigration benefits to people and businesses who in earlier decades, on identical facts, would have been approved. In short, the government should also play by the immigration rules.
    [3] At last, we agree on something.  As your colleague, INS Spokeswoman Karen Kraushaar, accurately observed:  "Immigration law is a mystery and a mastery of obfuscation, and the lawyers who can figure it out are worth their weight in gold." --  (quoted in The Washington Post, April 24, 2001, in an article entitled "Md. [Maryland] Family Ensnared in Immigration Maze - After Changes in Law, Couple Faces Deportation").
    [4] To be sure, visa abuse is wrong and should be punished; it cheats the law-abiding who play by the rules and generates a debilitating disrespect for the rule of law.  You apparently forget, however, that the First Amendment to the Constitution protects freedom of religion, requires separation of church and state, and prohibits the establishment of religion.  It also creates Legislative and Executive Branches of government which together have produced legislation, the Religious Freedom Restoration Act (RFRA), which puts the burden on the government to demonstrate a compelling governmental interest in denying a religious worker an immigration benefit, and to show that the denial is the least burdensome way to enforce the government's immigration policies.
    Your defense of the abusive practice of denying cases on so-called "technical violations" can never be reconciled with these constitutional provisions and the RFRA.  Moreover, your spirited reply conveniently ignored the fact noted in my post that poor Pastor Neufeld lost the companionship of his wife and kids, even though your agency concluded that his case for religious-worker designation was legitimate and granted him his green card.  How, then, did the denial of his family's green cards fight religious-worker visa fraud?
    [5] I might be inclined to give you some leeway in applying the Al Capone "no-spitting-on-the-sidewalk" mode of enforcement if you could support your claim with specific examples in which a CAO or ISO has "saved the U.S. many a time when an Al Queda sleeper or sympathizer has tried to file a petition." As the saying goes, "I'm from Missouri. Show me."  Frankly, I think you're blowing smoke.
    [6] Yes, I didn't address your gripe about "hard [adjudication] quotas".  (Since you've repeated it so often, I'm beginning to wonder if you're a union rep for the local CAO or ISO bargaining unit.)  In any case, I don't like immigration quotas, whether they're imposed on border patrol officers or used to delay deserving foreign citizens in gaining the chance to contribute to the betterment of our country.  Unrealistic adjudication quotas are wrong.  Officers need adequate time to decide cases.  Their job, as I've noted, is not easy.  The challenge for the agency, however, is more than internal production quotas; rather it's an outdated business model.  If there's "a built in bias for approvals," stakeholders are not seeing it.
    * * *
    So, Federale, it's time for you to come out of your sarcophagus.  If you are truly so exercised about the immigration dysfunctions you see, then exorcize yourself.  Let's sit face to face at a meeting with the USCIS Ombudsman and the new USCIS Director (a seemingly earnest and honorable gentleman), and thrash out our differences for the sake of a better immigration system.  I'm waiting for the invitation to put this meeting on my calendar.
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