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  1. SENATE ADDS ANTI-H-1B PROVISION TO STIMULUS BILL

    by , 02-07-2009 at 09:08 AM (Greg Siskind on Immigration Law and Policy)
    Yesterday, the Senate passed by voice vote an amendment relating to H-1B applications by banks that received bailout money. I've prepared a detailed post about the provision, but have held off on putting it up because there was a last minute modification to the language posted online and I am still trying to get the final language. A number of web sites have been summarizing the version of the language that is posted online, but I have reason to believe the final version had significant changes. So please be patient and I'll make sure I've got the right language before I start telling folks what it means.
  2. Feb 9 - Share Your Professional News

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    February 9, 2009
    Items:
    1.  Comment: Share Your Professional News
    2.  Focus: THE PERM BOOK, 2008-2009 Edition, Shipping Now
    3.  Articles:
        (a)The Use and Abuse of Immigration Authority As A
        Counterterrorism Tool:  Constitutional And Policy
        Considerations: Constitutional And Policy Considerations by
        David Cole and Linda Bosniak for the Constitution Project
        (b) Bloggings on Dysfunctional Government by Angelo A.
        Paparelli
        (c) Immigrants Of The Day: Hiroshi Motomura of Japan, David
        Ortiz of Dominican Republic, and Plácido Domingo of Spain by
        Kevin R. Johnson
    4.  News:
        (a) ICE Releases Updated SEVP List
        (b) ICE Releases Latest SEVIS Newsletter Issue
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorney
        (b) Help Wanted: Immigration Attorney
        (c) Credential Evaluation And Translation
        (d) Website Services
    6.  Headlines:
        (a) Bucks Woman Gets Jail In Immigration-Fraud Scheme
        (b) Gillibrand Backpedaling On Immigration
        (c) Business Books: Only Immigration Can Save America, Author
        Says
        (d) Weekly Immigration Wire: Abuses Rampant in US Detention
        Centers
    7.  ComingsNGoings:
        (a) Immigration Event - Universal City, CA
    8.  Letters From:
        (a) Roger Algase, Esq.
        (b) Steve Cedillos
        (c) Maura Freeman
        (d) Jim Roberts
    http://www.ilw.com/immigdaily/digest/2009,0209.shtm
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    Immigration Law Seminars: http://www.ilw.com/seminars/
    Immigration Law Workshops: http://www.ilw.com/workshops/
    Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
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    Advertise: http://www.ilw.com/corporate/advertise.shtm
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    _________________________________________________________________
    1.  COMMENT
    Share Your Professional News
    Send your professional announcement to: mailto:editor@ilw.com.
    Examples include: New Position, Honors And Awards, Mergers &
    Acquisitions, New Office Address, New Appointment, New Associate,
    New Attorney, New Partner. This is a free service.
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    THE PERM BOOK, 2008-2009 Edition, Shipping Now
    ILW.COM is pleased to announce THE PERM BOOK, 2008-2009 Edition
    is shipping now. The book outline is as follows:
    PART I. PERM RULE, ANALYSIS, AND COMMENTS
    A. PERM Regulation
    B. Articles by PERM Writers
    ++656.1 Preparing PERM for 2nd and 3rd Preference  by David
    Nachman and Ludmila Zimovcak
    ++656.3 SVP: Discrepancies between the O*Net and the DOT by
    Lori S. Melton
    ++656.3 The Method By Which the Bureau of Labor Statistics
    Converted  the DOT Occupations into the OES Occupational Units
    or "Here's  Another Nice Mess You've Got Us Into  by Barbara
    Brandes
    ++656.10(a)-(c) The Basics of Labor Certification Under PERM :
    What  You Need to Know Before You Start  by Jeffrey Devore
    ++656.10(b) Rights and Obligations of Attorney and Agents Under
    PERM by Nancy-Jo Merritt
    ++656.10(c) Dangers in the Attestation Process  by Ramon Carrion
    ++656.10(c) (10) What is "Permanent" and "Full-Time" Employment
    by Timothy Spridgeon
    ++656.10(d), (e) Deconstructing PERM Notice Requirements by
    Susan J. Cohen
    ++656.10(f) Preparation of PERM Recruitment Report and Supporting
    Documentation  by Carl Shusterman and Alison Walters
    ++656.11 Is Employer "Substitution" Under PERM Dead? by Christian
    Allen
    ++656.12 Prohibition on Payment of Attorney's Fees by Paull
    Hejinian
    ++656.15(a)-(c) Step-by-Step for Schedule-A Applications by
    Sherry Neal
    ++656.15(d) Aliens of Exceptional Ability in the Performing Arts
    by Howard Kushner
    ++656.17(a)-(d) Filing, Withdrawing, Refiling, and Tracking PERM
    Cases by Katherine Lopez Ley and Davis Bae
    ++656.17(e)(1)(B)(1)(4) Professional and Trade Journals Under
    PERM by Nathan Waxman
    ++656.17(e)(1)(I) Regular Recruitment by Nancy-Jo Merritt
    ++656.17(e)(ii) PERM Labor Certification Professional Recruitment
    Steps by Edwin R. Rubin
    ++656.17(e)(l) (ii)(A) Note on Online Job Fairs by David Nachman
    ++656.17(g)(1) Regarding Recruitment Reports by Leon Wildes and
    David Lazaar
    ++656.17(g)(2) Ethics: What Do you Do When A Qualified US  Worker
    Applies?  by Blake Chisam
    ++656.17(h)(1) Business Necessity: "Necessary Arguments" by Sofia
    Zneimer
    ++656.17(h)(3) Combination of Occupations under PERM by Nathan
    Waxman
    ++656.17(h)(4)(ii) The Impact of PERM On Experience Gained on the
    Job and Alternative Experience  by Nathan A. Waxman
    ++656.17(h) Requiring a Foreign Language under PERM by Cyrus D.
    Mehta
    ++656.17(i) Nuts & Bolts: Actual Minimum Requirements &
    Experience Gained on the Job  by Rohit Turkhud
    ++656.17(i)(3) In-Job Experience: Why we Need it and How We Can
    Still Get it  by Gary Endelman
    ++656.17(k) How Do Layoffs Affect PERM? by Margaret McCormick
    and Patricia Luna
    ++656.17(l) As If You Owned the Place Alien Influence and
    Control  Over the Labor Certification Process  by Robert E. Banta
    and Benjamin M. Lowe
    ++656.18 College and University Professors: A Hybrid Between
    Special Handling and PERM  by Victoria Donoghue
    ++656.19 Domestic Workers: At Home and on the Range by Susan L.
    Brady
    ++656.20 How PERM Cases are Selected for Audit by Christina B.
    LaBrie
    ++656.20(c) Requesting Extensions of Time to Respond to Audit
    Requests  by Jonathan Amdur and Susan Anderson
    ++656.24 The Who What When Where of Labor Certification
    Determination by Rebecca Sigmund
    ++656.24(b)(2)(i) What You Do After the Ads Have Been Run?
    Resumes, Interviews, and Results  by Edwin R. Litwin
    ++656.26 Appeals/Requests For Review Under PERM by Joan Mathieu
    ++656.27 Preparing Requests for Review with BALCA by Mitchell L.
    Wexler and J. Ira Burkemper
    ++656.30-31 Fraud, Misrepresentation, Validity, Invalidation
    and Revocation   by Richard Tasoff
    ++656.32 Revocation of Labor Certification by Michael Piston
    ++656.40-41 Prevailing Wage Determinations Under PERM by Lawrence
    Rudnick
    C. Editor's Comments to the PERM Rule
    PART II. FAQ, STAKEHOLDER & LIAISON MEMORANDA
    A. Frequently Asked Questions (FAQ) by Lawrence Rudnick
    B. Summary of DOL PERM Stakeholders Meetings by Lorna Rogers
    Burgess
    C. Frequently Asked Questions
    PART III. ETA FORMS, OLD AND NEW
    A. The New 9089 PERM Form by Linda Rose
    B. What DOL told OMB about PERM by Jay Solomon
    C. New ETA Form 9089 and Instructions,Application for Permanent
    Employment Certification
    D. Old ETA Form 9089, Application for Permanent Employment
    Certification
    E. Old ETA Form 9089, Instructions
    F. Old ETA Form 9089 Electronic Filing Instructions
    G. ETA Form 750A
    H. ETA Form 750B
    I. ETA Form 750 A and B, Instructions
    J. ETA Form 9127, Foreign Labor Certification (FLC) Quarterly
    Activity Report
    PART IV. ROADMAPS AND CHECKLISTS
    A. Overview of PERM Cases
    B. Overall PERM Flow Chart
    C. Employer Checklist
    D. Alien Checklist
    E. Job Offer Checklist
    F. Attorney/Agent Checklist
    G. Prevailing Wage Preparation Checklist
    H. Prevailing Wage Quick Guide
    I. Recruitment Checklist
    J. Express SVP Checklist
    K. PERM Audit Checklist: 10 Important Points
    L. Real and Virtual PERM Addresses
    M. What do PERM and H-1B Visas Have in Common?
    N. Attorney Competency Self-Test
    O. Sample PERM Cases
    ++Job Zone Five, IT Director
    ++Job Zone Five, Economist
    ++Job Zone Four, Consultant, Foreign Law
    ++Job Zone Four, Accounting Coordinator
    ++Job Zone Three, Tile Installers Coordinator

    PART V. BALCA HANDBOOK
    A. Introduction to BALCA by Joel Stewart
    B. BALCA PERM Quick Reference Guide by Joel Stewart
    C. BALCA En Banc Quick Reference Guide by Joel Stewart
    D. BALCA Hearing Procedures
    PART VI. FEDERAL LITIGATION GUIDE
    A. Introduction to Federal Court Litigation  by Sam Udani
    B. Exhaustion of Administrative Review by Michael E. Piston
    C. Federal Court Litigation-PERM by David B. Pakula
    D. Sample Pleading by Michael E. Piston
    PART VII: PREVAILING WAGE REVIEW
    A. Prevailing Wage Survey & Overview by Jane Goldblum
    B. Wage Worksheet Simple Systems 1 by Jane Goldblum
    C. Wage Worksheet Simple Systems 2 by Jane Goldblum
    D. 656.40 Perm Reg. Determination of PW
    E. 656.41 Perm Reg. Certifying Officer Review of PW
    F. Prevailing Wage FAQ
    G. Appendix A By Alphabetical Order
    H. Appendix A By SOC Classification Order
    PART VIII: SWA SUMMARY STATE BY STATE
    All 50 states + 4 territories (Guam, District
    of Columbia,US Virgin Islands, and Puerto Rico)
    PART IX: PERM RESOURCES ON CD-ROM
    A. SOC Structure
    B. SOC Definitions
    C. SOC 2006 Changes
    D. Background On Development Of Appendix A
    E. Stratifying Occupational Units By SVP
    F. NAICS 2002 Codes And Titles
    G. NAICS Codes And Titles - 2007 Revisions
    H. Latest OES Wage Data - MDB file
    I. 2008 OES Wage Data Structure
    J. Latest OES Wage Data - Statistical Area Definitions
    K. Appendix A By Alphabetical Order
    L. Appendix A By SOC Classification Order
    M. Darby v. Cisneros
    N. Lawyers Guide To 212(a)(5)(A) By Gary Endelman
    O. BALCA Hearing Procedures
    P. BALCA En Banc Cases From 1987
    Q. Occupational Projections And Training Data
    R. Occupational Outlook Handbook
    S. Federal Register Notices On PERM
    T. Prevailing Wage Determination Policy Guidance
    U. What DOL Told OMB About PERM By Jay Solomon
    V. ETA Forms Old And New
    ++New ETA Form 9089 and Instructions, Application for Permanent
    Employment Certification
    ++Old ETA Form 9089, Application for Permanent Employment
    Certification
    ++Old ETA Form 9089,  Instructions
    ++Old ETA Form 9089 Electronic Filing Instructions
    ++ETA Form 750A
    ++ETA Form 750B
    ++ETA Form 750 A and B, Instructions
    For more info or to place your order, please see here.
    http://www.ilw.com/store/thepermbook.shtm
    For the fax document, see here.
    http://www.ilw.com/store/thepermbook.pdf
    _________________________________________________________________
    3.  ARTICLES
    (a) The Use and Abuse of Immigration Authority As A
    Counterterrorism Tool: Constitutional And Policy Considerations:
    Constitutional And Policy Considerations
    David Cole and Linda Bosniak for the Constitution Project write
    "We would do far better to work on developing positive ties with
    Arab and Muslim communities here and throughout the world, while
    targeting our enforcement measures at foreign nationals who
    actually pose a threat of terrorist activity based on
    individualized objective criteria."
    http://www.ilw.com/articles/2009,0209-cole.pdf
    http://www.constitutionproject.org
    (b) Bloggings on Dysfunctional Government
    Angelo A. Paparelli writes "I write instead to decry two other
    quotas, one alleged and the other well established, both
    involving the enforcement side of the immigration house."
    http://www.ilw.com/articles/2009,0209-paparelli.shtm
    http://www.seyfarth.com/
    (c) Immigrants Of The Day: Hiroshi Motomura of Japan, David Ortiz
    of Dominican Republic, and Plácido Domingo of Spain
    Kevin R. Johnson celebrates the achievements of these immigrants.
    http://www.ilw.com/articles/2009,0209-johnson.shtm
    http://lawprofessors.typepad.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) ICE Releases Updated SEVP List
    ICE released an updated version of its Student and Exchange
    Visitor Program list as of January 27, 2009.
    http://www.ilw.com/immigdaily/news/2009,0209-SEVP.pdf
    (b) ICE Releases Latest SEVIS Newsletter Issue
    ICE released the October 2008 issue of its newsletter.
    http://www.ilw.com/immigdaily/news/2009,0209-SEVISOct08.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Help Wanted: Immigration Attorney
    Redmond, WA - Are you ready to make a significant impact on an
    industry leader? Would you like to have the ability to contribute
    to the success of many businesses and products in the technology
    arena as well as make a positive impact on individuals and their
    families' lives? If you do, come join us at Microsoft as a US
    Immigration Attorney. We are a diverse and global company that
    makes a significant positive impact on 600 million plus customers
    worldwide. The Microsoft Corporation Legal & Corporate Affairs
    Global Migration department plays an integral role in helping
    hiring managers and recruiters hire and on board the best and
    brightest. If you are ready to make a difference and learn and
    grow in the US Immigration arena, we offer an opportunity like no
    other. This position requires excellent academic credentials, 4-6
    years experience in all NIV business visas, labor certifications,
    and other business-related immigration matters. Strong case
    management, customer facing, communication and writing skills
    required. Full relocation package offered. To view detailed job
    description and apply, see here.
    http://members.microsoft.com/careers/search/details.aspx?JobID=B54F3F7B-A49E-47CB-90F7-C40C7AEB8481&start=1&interval=10&SortCol=DatePosted&SortOrder=Des
    (b) Help Wanted: Immigration Attorney
    Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
    experienced attorney for Associate Regional Counsel position,
    USCIS OCC, Western Region. Responsibilities include, but not
    limited to, serving as attorney providing on-site legal advice to
    local District Office USCIS personnel on issues involving
    immigration related adjudications, inadmissibility and
    deportability grounds, and national security. Applicants must
    possess JD degree, be active bar member (any jurisdiction), and
    have 2+ years of post-JD experience in immigration law. For more
    info, key in Job Announcement Number: COU-CIS-2009-0002 at
    http://www.usajobs.com
    Preference is given to applicants with immigration law
    experience, a background in federal litigation, an excellent
    academic record, and strong writing skills. Submit a resume,
    cover letter + writing sample (max. 10 pps.) to: Kelli J.
    Duehning, Western Regional Counsel, USCIS Office of the Chief
    Counsel at mailto:Kelli.Duehning@dhs.gov. Must be received by
    close of business, Tuesday, February 10, 2009. Position is at the
    GS-13/14/15 levels and is open until filled. No relocation
    reimbursement available.
    (c) 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:
    http://aetsinternational.com/applicationforevaluationservices.pdf
    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
    http://www.aetsinternational.com, or email:
    mailto:info@aetsinternational.com.
    (d) Website Services
    Gain the competitive edge with your new website from INSZoom, the
    world's largest immigration software company. Choose from a range
    of template websites, complete with customized logos and images,
    60-70 pps. of professionally written immigration law content
    including news articles, processing dates, and priority times
    posted directly on your site. Our search engine optimization
    tools will increase your web traffic and prioritize your site in
    the major search engines. Our content management tool lets you
    update your site in real time. Customized intake sheets let you
    integrate your case management software directly into your site.
    Biweekly newsletters and email blast tools enable you to stay in
    constant touch with current clients and strengthen your potential
    client base. Build leads and maintain a professional presence at
    a reasonable cost with websites from INSZoom. Learn more online
    at http://www.inszoom.com/websites
    or contact a sales representative at (925) 244-0600 to start the
    process of launching your new website today.
    _________________________________________________________________
    6.  Headlines
    (a) Bucks Woman Gets Jail In Immigration-Fraud Scheme
    A Holland, Bucks County, woman was sentenced today to one year
    and one day in prison for her role in a massive immigration-fraud
    scheme, the U.S. Attorney's Office said.
    (b) Gillibrand Backpedaling On Immigration
    Now the junior senator has not only backed of her sanctuary city
    stance, she's vowed to advocate pro-immigration legislation.
    (c) Business Books: Only Immigration Can Save America, Author
    Says
    The United States must embrace immigration with open arms or risk
    going the way of over-indebted empires like Britain and Rome,
    according to a provocative new book.
    (d) Weekly Immigration Wire: Abuses Rampant in US Detention
    Centers
    In political circles, we sometimes use the phrase "police state,"
    to describe losses of civil liberties or the encroachment of
    penal processes into our lives.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0209.shtm#Headlines
    _________________________________________________________________
    7.  ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: mailto:editor@ilw.com. Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here
    http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
    newsletter in Immigration Daily, see here
    http://www.ilw.com/corporate/cross_promotions.shtm.
    (a) Immigration Event - Universal City, CA
    Global Immigration Law Group will be hosting a seminar discussing
    the Alberta Canada Permanent Residency Program for H-1B Holders
    and other types of Canadian immigration on February 7, 2009, from
    9:30am - 12pm, at the Hilton, Universal City (next to Universal
    Studios). The address is 555 Universal Hollywood Drive, Universal
    City, California 91608. The number is 1-818-506-2500. Parking
    with validation is $9. Costs for the seminar are $30 per person.
    Please RSVP ahead of time so that we will have materials prepared
    for you. Space is limited. Registration and payment is accepted
    at http://www.InvestImmigrationLaw.com
    ILW.COM is pleased to be a media sponsor.
    _________________________________________________________________
    8.  LETTERS
    Readers are welcome to share their comments, email:
    mailto:editor@ilw.com  (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    I stand corrected by Jim Roberts' (02/06/09 ID) letter concerning
    the use of the term "illegal aliens" in the INA. In this case,
    his letter did its homework better than mine did. Unfortunately,
    I cannot say the same for his letter's insistence that there is
    distinction between a "natural born citizen of the US" in Article
    2 of the Constitution and a citizen by birth in the US under the
    14th Amendment. I will give Mr. Roberts' letter credit for making
    an ingenious argument, as others have also done in this regard. I
    also think that my letters' comments about Justice Scalia's
    opinion in the recent gun control case are pretty ingenious. But
    in the light of the 110 year old Supreme Court case of US v. Wong
    Kim Ark that so many of my letters have mentioned, Mr. Roberts'
    letter's views on the issue of who is a natural born citizen of
    the US are not the law, any more than my letters' arguments
    against Justice Scalia's gun control majority opinion are the
    law. It is high time to move on to the next topic.
    Roger Algase, Esq.  New York, NY
    (b) Dear Editor:
    FAIR, CIS, and NumbersUSA are just an example of the racist
    organizations lobbying Congress under the guise of immigration
    reform (see 02/06/09 ID comment). John Tanton's nativist views
    should not be promulgated in any way, shape, form or fashion and
    yet Congressional members are doing just that by affiliating with
    the above-named organizations. Every effort should be made to
    make public the names of those members of Congress who support
    these groups so that there constituents and the public can know
    where their sympathies lay. There is no place in America for
    anyone who thinks that a European-American majority is required
    to maintain American culture. Again, may I remind all readers
    that not so long ago,  Germans, Irish, and Italians were not
    welcomed in this country. So much for your European-American
    majority if the predjudices of those times had been allowed to
    hold sway.
    Steve Cedillos
    (c) Dear Editor:
    In his zeal to create a more dramatic analogy Murray's letter
    (02/09/09 ID) suggests our undocumented workers are a putting us
    at risk for anarchy. As has been discussed by previous ID
    letters, a large component of this problem with regard to our
    Southern border is lack of respect for the families that contain
    both US Citizens and undocumented. The issue of business owners
    need for various types of workers is also a popular topic. It's
    really a question of who issued the ticket not if one exisits.
    (except criminal aliens) I have extremely conflicted feelings
    about the right of the government to restrict a citizens access
    to family members and labor. Just because a law is on the books
    does not make it fair, just or constitutional. Hopefully with
    time and a new administration "policy" will change and a more
    reasoned tone will prevail. I'm not sure "sovereignty"  fits in
    the discussion.  Its not a "nation" specifically that is
    disputing our laws its a large number of individuals seeking
    refuge in an economic disaster. It seems when a citizen is harmed
    by the law in bizzare and unforseeable ways, it should be fixed.
    Its interesting to think about though since a stowaway really
    isn't "harming"  the ship owner beyond the uncollected fare. It
    doesn't harm the other passengers in any tangible way, he is
    simply catching a ride. Would the punishment of cutting off his
    feet or encarcerating restore the ship owner? I think not. The
    only way to restore the ship owner is to make him pay his fare.
    Isn't our concept of punishment, restoration and who is being
    harmed in these matters distorted? What workable solution do you
    offer? We certainly cannot feed the anchor babies to the lions as
    some of letterwriters would have us do to prove our sovereign
    status.
    Maura Freeman
    (d) Dear Editor:
    Regarding ID's Comment (2/6/09), "Nativist Lobby", is the
    complaint then that the restrictionist message movement is too
    organized, effective and well received? Is not what these groups
    are doing is what ID and others do on the opposite end of the
    spectrum?  If the former are are examples of "intolerance", are
    the latter groups then guilty of tolerating anything to the
    detriment of all of US?  Is Dr. Tanton's publishing company a
    "racist" one or simply a publishing company?  Is it then the goal
    of entry enthusiasts to not: "maintain American culture" nor "a
    European-American majority"? If so, why, and what are the motives
    for doing so? Is it not racist or worse  to approve or not
    criticize other ethnic groups for pursuing their cultural
    interests while marginalizing these groups that promote prudent
    policies for US? Yesterday's letters by Roger Algase, Esq., David
    D. Murray, Esq., and others demonstrates which view advocates the
    preservation of the rule of law and culture for US and which one
    does not.  For the benefit of those needing further explanation,
    my usage of the "Heil Hitler" salute in my letter of Feb. 5th was
    to note the similarities of attempts to limit free speech. The
    Titanic did not go down because "engineers proclaimed she was
    unsinkable" (Letter of M. Freedman - 2/5/09 ID) but because the
    limited amount of water that had supported the ship became an
    overwhelming flood of uncontrolled water that defeated her design
    or carrying capacity when containment (enforcement) was
    compromised.  The false attitude that the ship was unsinkable
    certainly contributed to the lax policies leading to the tragedy.
    Jim Roberts
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
    colleague!
    Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X
    An Important disclaimer! The information provided on this page is
    not legal advice. Transmission of this information is not
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    any medium. The views expressed in letters and articles do not
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    _________________________________________________________________
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  3. IMMIGRANT OF THE DAY: RAM SHRIRAM - INTERNET PIONEER

    by , 02-06-2009 at 04:14 AM (Greg Siskind on Immigration Law and Policy)

    Indian-born Kavitark Ram Shriram is a founding board member of Google and one of it's major shareholders. He has also served as an officer at Amazon.com when the company was still in its early days and an early officer at Netscape.  The billionaire currently serves on the boards of Plaxo, Zazzle and PodShow and on the advisory board of Naukri.com, an Indian classified ads web site.
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  4. NEW SPLC REPORT DETAILS LINKS OF NATIVIST GROUPS TO WHITE NATIONALISTS

    by , 02-06-2009 at 03:59 AM (Greg Siskind on Immigration Law and Policy)
    The Southern Poverty Law Center has been investigating this subject more than any other group. And they've apparently struck a nerve because the nativist groups go crazy whenever SPLC probes this topic. I would be surprised if the comments for this post are NOT especially colorful.
  5. A Pox on Quotidian Immigration Quotas

    by , 02-05-2009 at 07:52 PM (Angelo Paparelli on Dysfunctional Government)
    You might think from the title of this post that I'm all set to rant about the upcoming April 1 opening of the H-1B filing season -- the period known in the trade as the time of Preparation H. You might think I'm poised to critique the annual government lottery that causes so much employer and foreign-worker hand wringing as they fret about whether the quota will dry up in a day or two, as it has in the recent past. If you thought so, you would be wrong.
    I write instead to decry two other quotas, one alleged and the other well established, both involving the enforcement side of the immigration house.
    The first is described in an Associated Press report. It seems that on Monday the U.S. Border Patrol mounted an investigation of allegations by agents in the Riverside (CA) region. These Border Patrollers complain that their January quota on apprehensions of unauthorized immigrants had jumped to 150 per month from 100 in November and December. A failure to meet the quota, agents allege, would result in some form of unspecified punishment. Reminiscent of arguments over affirmative action, the appointed government spokesperson hinted that the incident may be just one big misunderstanding: It's about "numerical goals," not quotas.
    The second enforcement quota, dubbed Operation Endgame and developed in stealth by the Bush Administration, was initially intended to target foreign fugitives from our criminal justice system who presented clear and present dangers to national security or public safety. As the Migration Policy Institute recently reported, however, somewhere along the way that quota-driven strategy lost its raison d'ętre. Endgame's denouement proved a mission too creepy. The agents began targeting run-of-the-mill immigration status violators instead.
    With both of these benighted quotas, the drive to "make the numbers" seems to have blinded the quota cops from a clear sight of their statutory mission. The quest apparently became a daily numbers game. It should never be just about the numbers, although they do look impressive in an ICE press release, or in an appearance before Congress or Lou Dobbs. If foreign-born criminals or terrorists can't be found, then pinching a visa overstayer instead will apparently just have to do.
    I sense that the jig may soon be up, however, given this recent directive from Janet Napolitano, the new Secretary of Homeland Security:


    Fugitive Operation Teams. Please provide the current metrics of fugitive apprehension and removal (clearly differentiate the number of fugitives that are actually removed versus those aliens unlawfully present who are simply encountered by the teams while on assignment). How can fugitives be more effectively prioritized for these purposes and what steps can be taken to expedite removal? [Bolding in original.]

    In just over two weeks, on Feb. 20, "relevant components and offices of the department" must respond to her politely phrased request (she did say "[p]lease"). Stay tuned for the answer, even if it only distracts us temporarily from the painful season of Preparation H.
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