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  1. Federal Contractors Get a Break from Immigration Stess: E-Verify Postponed

    by , 01-30-2009 at 04:59 AM (Angelo Paparelli on Dysfunctional Government)
    Federal contractors, Congress and the Obama administration have yet another respite, this time until May 21, 2009, to decide what to do about E-Verify.  In a notice to be published today in the Federal Register, contractors and subs who enter into covered agreements with the federal government need not enroll for now in E-Verify. 
    Meantime, Congress needs to decide the fate of this controversial Web 2.0 method, jointly developed by the Social Security Administration and the Homeland Security Department, for employers to determine the right of new hires and some current employees of federal contractors to work in the United States.  Although embraced by many in federal and state government, E-Verify is technically on life support; its enabling legislation sunsets in the first week in March.  Yet House proponents of the program have slipped into that chamber's version of the economic stimulus bill racing to the President's desk a requirement that every private employer receiving stimulus money enroll in E-Verify.
    E-Verify still sports an unacceptably high rejection rate of roughly four percent, disqualifying a sizable component of the workforce from the jobs for which they may be authorized.  It also requires a substantial investment of employer staff time and lost opportunity costs to manage the strict deadlines to resolve the feared TNCs (in bureaucratese, "tentative non-confirmations").  The TNCs are issued by federal cyber-cops to allow authorized workers to fight the government's claim that they lack the right to work.
    How does diversion of employer staff and mistaken, autopilot rejection of workers promote economic rejuvenation?  The country is already moving quickly toward government control of the economy, with nationalization of banks and auto companies a real possibility.  Can we afford to let the same government department that suffers the deaths of immigrants in detention stifle the national economy with a not-ready-for-prime-time program of authorized-worker rejection?
  2. Jan 30 - CIR In 2009

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 30, 2009
    Items:
    1.  Comment: CIR In 2009
    2.  Focus: Inventory Closeout Sale
    3.  Articles:
        (a) Fewer Job Openings Equals Fewer Immigrants: Undocumented
        Immigration Slows Along With The U.S. Economy by Angela
        Kelley for the Immigration Policy Center
        (b) Bloggings on Nurse Immigration by Christopher T. Musillo
        of the Hammond Law Group
        (c) Immigrants Of The Day: Mother Jones of Ireland, Fareed
        Zakaria of India, and Herbert Marcuse of Germany by Kevin R.
        Johnson
    4.  News:
        (a) DHS Announces FAR E-Verify Reg Implementation Is
        Postponed
        (b) CIS Ombudsman Releases Recommendations For Improving
        Process For Trafficking Victims
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorney
        (b) J-1 Visa Program
    6.  Headlines:
        (a) Second Death At Virginia Immigration Detention Facility
        (b) Date Set For Gillibrand Summit With Latino Lawmakers
        (c) Iowa: What Happens When a Town Implodes
        (d) What Will President Obama Do About Immigration Reform?
    7.  ComingsNGoings:
        (a) Immigration Event - Cambridge, MA
    8.  Letters From:
        (a) Honza Prchal, Esq.
        (b) Roger Algase, Esq.
        (c) David D. Murray, Esq.
        (d) Bruce R. Mulraney
        (e) Natalie
    http://www.ilw.com/immigdaily/digest/2009,0130.shtm
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    _________________________________________________________________
    1.  COMMENT
    CIR In 2009
    New American Media reports "Pro-immigrant advocates believe the
    Obama administration will have a window of opportunity between
    this September [2009] and March 2010 to shepherd a comprehensive
    immigration package that will provide a path to legalization for
    an estimated 12 million undocumented residents, strengthen border
    security and help the ailing economy." For the full story, see here.
    http://news.newamericamedia.org/news/view_article.html?article_id=ce386e69944fe33cea35ee9c7098451f
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    Inventory Closeout Sale
    ILW.COM is pleased to announce our inventory closeout sale offer
    on the new completely revised editions of Patel's Immigration Law
    Books, 2008-2009 Edition, and now at a fantastic huge discounted
    price. These are the most respected primary reference materials
    featuring user- rated "best index" on the market. This  special
    bundle includes the WHOLE Act, 20/22/28 CFR Plus and 8  CFR Plus
    for only $99. For more details and to purchase, see
    http://www.ilw.com/store/patel'simmiglawlibrary.shtm. Don't wait
    to order your copy today! This is a limited time offer and will
    be available only until the inventory  is sold out. If you have
    any questions, please write to
    mailto:webmaster@ilw.com.
    _________________________________________________________________
    3.  ARTICLES
    (a) Fewer Job Openings Equals Fewer Immigrants: Undocumented
    Immigration Slows Along With The U.S. Economy
    Angela Kelley for the Immigration Policy Center writes "According
    to new estimates from the Pew Hispanic Center, the number of
    undocumented immigrants in the United States did not increase
    between 2007 and 2008, and may actually have fallen."
    http://www.ilw.com/articles/2009,0130-kelley.shtm
    http://www.immigrationpolicy.org/
    (b) Bloggings on Nurse Immigration
    Christopher T. Musillo of the Hammond Law Group shares the latest
    entries as of January 28, 2009 on his immigration law and policy
    blog.
    http://www.ilw.com/articles/2009,0130-hammond.shtm
    http://www.hammondlawfirm.com/
    (c) Immigrants Of The Day: Mother Jones of Ireland, Fareed
    Zakaria of India, and Herbert Marcuse of Germany
    Kevin R. Johnson celebrates the achievements of these immigrants.
    http://www.ilw.com/articles/2009,0130-johnson.shtm
    http://lawprofessors.typepad.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.  NEWS
    (a) DHS Announces FAR E-Verify Reg Implementation Is Postponed
    DHS announced that federal contractors and subcontractors will be
    required to begin using the U.S. Citizenship and Immigration
    Services' E-Verify system starting May 21, 2009, to verify their
    employees' eligibility to legally work in the US.
    http://www.ilw.com/immigdaily/news/2009,0130-EVerify.shtm
    (b) CIS Ombudsman Releases Recommendations For Improving Process
    For Trafficking Victims
    CIS Ombudsman's Office released its recommendations on how to
    improve the process for victims of human trafficking and certain
    criminal activity.
    http://www.ilw.com/immigdaily/news/2009,0130-trafficking.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) 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.
    (b) J-1 Visa Program
    Discover the ease and flexibility of the J-1 Trainee visa with
    AIESEC United States. For 50 years, AIESEC U.S.
    http://www.aiesecus.org
    has offered foreign nationals the opportunity to grow both
    personally and professionally by sponsoring exchange visitor
    traineeships. Enjoy unparalleled customer service, including in-
    depth guidance on J-1 Trainee visa regulations and the changes
    effective July 2007. We also offer logistical and cultural
    reception services in locations nationwide. Expect a 24-48 hr.
    application processing time. The J-1 Trainee visa can be used for
    individuals to participate in training programs in the following
    fields: information media and communications, education, social
    sciences, library science, counseling and social services,
    management, business, commerce and finance, the sciences,
    engineering, architecture, mathematics and industrial
    occupations, public administration, and law. Attorneys interested
    in learning more about AIESEC United States and the J-1 Trainee
    visa, please email Melany Hamner: mailto:melanyh@aiesecus.org.
    _________________________________________________________________
    6.  Headlines
    (a) Second Death At Virginia Immigration Detention Facility
    This is not just the first death of a detainee at an immigration
    detention center, but also it is the second at this particular
    jail.
    (b) Date Set For Gillibrand Summit With Latino Lawmakers
    After backing down on their threat to go nuclear on Sen. Kirsten
    Gillibrand in exchange for her promise to sit down an chat about
    immigration, Latino lawmakers have secured a date for their
    meeting with the new senator.
    (c) Iowa: What Happens When a Town Implodes
    Eight months after the Agriprocessors raid, Postville is still
    grappling with what its leaders call a "humanitarian and economic
    disaster," compounded by the recession and a harsh winter.
    (d) What Will President Obama Do About Immigration Reform?
    But what will he do about immigration reform?
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0130.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 - Cambridge, MA
    'The Impact of Migration on Children', The Myron Weiner Seminar
    Series on International Migration Sponsored by the Center for
    International Studies, Inter-University Committee on
    International Migration. 4:30-6:00 pm, Tuesday, February 3, 2009
    Carr Center Seminar Room (Room 219), Rubenstein Building (2nd
    floor), John F. Kennedy School of Government, Harvard University
    79 John F. Kennedy Street, Cambridge, MA 02139.
    http://events.mit.edu/scripts/event_ext.pl. Contact:  Jennifer
    Dignazio, (617) 253-3848 or jdignaz@mit.edu.
    _________________________________________________________________
    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:
    Sid Lachter's letter (01/29/09 ID) states that anti-Obamites
    [sic] "say" all sorts of things about our President's citizenship
    status. I'll bet his letter didn't mean to tar all of us with
    that brush, but a number of the regular readers and commenters
    who did not vote for Obama, myself included, have actually been
    cheering on the straight-forward legal analysis of ... Roger
    Algase's letters in this particular dispute. One parent is enough
    to be a US citizen under the traditional understanding of jus
    sanguinis at the time the US Constitution was adopted, and that
    understanding controls unless superseded by a Constitutional
    Amendment. If one is a US citizen at birth and never renounced
    said citizenship, one is not disqualified. As for the reliance of
    Mr. Apuzzo and others on the Slaughterhouse Cases, they have not
    been expunged root and branch as I would prefer. The majority in
    the Slaughterhouse cases was, after all, striving for national
    consensus by gutting the 14th Amendment. Some of us old-fashioned
    lawyers argue that laws should mean what they meant when adopted,
    or else self-government in compromised. At the time the
    Constitution was adopted, jus sanguinis was not a controversial
    principle, and jus solis similarly applied to people born in US
    territories and considered eligible for citizenship. In terms of
    jus solis, Hawaii before statehood is no different from any other
    territory. Its citizens in the days after annexation and before
    statehood are uncontroversially natural born US citizens. For
    example, Davy Crocket was born in land that would become the
    state of Tennessee four years later. He was considered a
    potential Presidential contender by his fans, and his detractors
    did not cite his Constitutional ineligibility for the post when
    trying to damage his prospects.
    Honza Prchal, Esq.  Birmingham, AL
    (b) Dear Editor:
    I agree with Bruce R. Mulraney's letter (01/28/09 ID), which
    opposes Mario Apuzzo's letter's mistaken and unsupported argument
    that the term "natural born citizen" of the US in Article 2 of
    the Constitution allegedly has a  more restricted meaning than
    the concept of a US citizen by birth in the US in the 14th
    Amendment. But the authors of both of these Constitutional
    provisions were more likely thinking of the kings of England than
    of Poland, as argued in Mr. Mulraney's letter. These
    Constitutional drafters chose (according to the Wong Kim Ark
    decision) to adopt the broad view of citizenship by birth
    established in the English Common Law, namely that anyone born in
    the King's realm was a English subject, unless his parents were
    foreign diplomats or occupying enemy soldiers. However, the
    English Common Law also made it virtually impossible for anyone
    born in England to renounce English citizenship, which is
    precisely what the American colonists were trying to do.
    Therefore, there was a body of opinion in some early US states
    that resisted adopting the broad English Common Law doctrine of
    citizenship by birth, because it might have limited the freedom
    to sever one's allegiance to England. Therefore, according to
    this argument, America would be serving the cause of liberty
    better by adopting a narrower view of citizenship by birth in the
    US than that of the English Common Law. But this argument was
    rejected in the Wong Kim Ark decision. It might have been
    relevant in 1789, when the Constitution was adopted. But it had
    ceased to be relevant in the very different America of 1868, when
    the 14th Amendment was adopted, or in 1898, the year of the Wong
    Kim Ark decision. It is even less relevant in America today. This
    will conclude my letters on this topic.
    Roger Algase, Esq. New York, NY
    (c) Dear Editor:
    Sid Lachter's letter (01/29/09 ID) hit the nail right on the head
    when his letter states, "Citizens by birth are citizens in all
    respects by virtue of the 14th Amendment, and the citizenship of
    their parents is irrelevant ..."  I do not understand where this
    14th Amendment controversy came from in ID Letters to the Editor,
    but arguing there is a difference between a "natural born
    citizen" and "citizen of the US" is akin to the ceaseless ranting
    and raving of those who believe taxation by the federal
    government is unconstitutional, one argument being that Americans
    are citizens of the individual states as opposed to citizens of
    the United States, claiming the Fourteenth Amendment was not
    properly ratified. Of course of the thousands of lawsuits and IRS
    proceedings brought over past decades pertaining to this
    position, none has yet to succeed. The issue of who is a US
    citizen is not a matter of opinion or debate; this has all been
    laid to rest years ago by the US Supreme Court. Read and
    understand the majority opinions in the pertinent cases and stop
    insulting the intelligence of ID readers with nonsensical
    bickering about how many elephants can sit on the top of the 14th
    Amendment before they are US citizens. Enough is enough. In
    response to KO's letter (01/29/09 ID), who once again brings up
    the knee-jerk tirade over the H-1B, all I can say is nonsense.
    That tired old horse was buried years ago and anyone who knows
    and understands the fundamentals of the H-1B visa knows those
    unsubstantiated arguments will never be entered in the Kentucky
    Derby. I vote we move on to more intelligent discussion about how
    to fix the broken immigration system while trying to keep
    everyone in the world happy.
    David D. Murray, Esq. Newport Beach, CA
    (d) Dear Editor:
    Thank you for your skilled editing of my letter (ID: 01/29/09).
    ID improved my original submission.
    Bruce R. Mulraney  Los Angeles, CA
    (e) Dear Editor:
    In reference to Robert Yang's letter (01/28/09 ID) "Unproductive"
    parents and relatives of U.S. citizens and Permanent Residents
    living off Medicare and Social Security checks. Tsk. Tsk. Tsk.
    First of all, many parents are not elderly, many relatives are
    not elderly. Most come and work. Even a parent that comes and
    does not work outside the home often becomes the babysitter for
    the USC grandchildren so that their parents can both work and
    make a living. By entrusting the children to their grandparents
    instead of strangers or the sometimes sterile atmosphere of
    corporate daycare, the children are usually better cared for and
    family ties are strengthened. The result is often less juvenile
    delinquency, and higher acheivement. I don't see that as a
    negative. As for the Medicare and Social Security checks,
    permanent residents are not eligible to petition parents under
    ordinary immigration, only U.S. citizens can sponsor thier
    parents. Those U.S. citizens file Affidavits of Support which
    promise that they will care for the parent or relative until they
    become a citizen or leave the country. Most Permanent Residents
    themselves are not eligible for any public benefits for 5 to 10
    years. There are only a few ways you might see an elderly
    immigrant getting Medicare or Social Security checks. They might
    already be a U.S. citizen; they might have come as a refugee or
    asylee (which is not an easy way to come, fleeing war,
    persecution, torture, etc and is granted by the U.S. government);
    their spouse may be or have been a U.S. citizen and maybe a few
    other ways but most do not fall into these categories. So, I am
    not sure who are all of these parents and relatives you see who
    are unproductive and living off of Medicare and Social Security
    checks unless they have earned it.
    Natalie
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
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    Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X
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  3. EXPERTS REFUTE EXTREMIST GROUP CLAIMS ON 2008 ELECTION

    by , 01-29-2009 at 08:33 AM (Greg Siskind on Immigration Law and Policy)
    The November elections were just a few weeks ago so I was surprised to hear that various anti-immigrant extremist organizations have been trying to re-write history and claim that the voters were actually sending an anti-immigrant message. Huh?!! People paying attention know that this is a bunch of malarkey, but it's important that this type of nonsense does not go unchallenged. I was glad to see one organization make a big deal out of debunking these claims lest the antis succeed in re-drafting reality. America's Voice is making sure that media organizations have the facts before they take the antis propaganda at face value.
  4. CONGRESSIONAL HISPANICS OPPOSE INSERTING E-VERIFY PROVISIONS IN STIMULUS PACKAGE

    by , 01-29-2009 at 07:05 AM (Greg Siskind on Immigration Law and Policy)
    Members of the powerful Congressional Hispanic Caucus have sent a letter to House Speaker Nancy Pelosi urging her to strip provisions extending E-Verify for five years and requiring employers receiving stimulus money to use the electronic system. The group's main arguments are that the system is still not accurate enough and that it will disproportionately affect Hispanic workers. They also argue that the stimulus bill is not the appropriate place to deal with this controversial immigration subject. The letter is produced below.





    CHC Opposed E-Verify in Stimulus bill - Free Legal Forms
  5. Jan 29 - Ellis Island Of The West

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    January 29, 2009
    Items:
    1.* Comment: Ellis Island Of The West
    2.* Focus: New 2008-2009 Edition For Immigration Practice By
    *** Robert C. Divine
    3.* Articles:
    *** (a) Consular Corner: January 2009 by Liam Schwartz
    *** (b) Perspective - We Win One (So Far) by Sheldon Richman for
    *** the Foundation For Economic Education
    *** (c) Bloggings On Immigration Law And Policy by Greg Siskind
    4.* News:
    *** (a) Scialabba Memo On Child Soldiers Accountability Act
    *** (b) Langlois Memo On Revised Credible Fear Quality Assurance
    *** Review Categories
    5.* Classifieds:
    *** (a) Case Management Technology
    6.* Headlines:
    *** (a) Gillibrand's Immigration Views Draw Fire
    *** (b) Owner Of Bianco Sentenced To Prison
    *** (c) Chicago Immigration Activist Marks Year In Church
    *** (d) Human Rights Group: "The Clock is Ticking, President
    *** Obama."
    7.* ComingsNGoings:
    *** (a) Immigration Event - Washington, DC
    8.* Letters From:
    *** (a) Sid Lachter, Esq.
    *** (b) Roger Algase, Esq.
    *** (c) Robert Yang
    *** (d) KO
    *** (e) Bruce R. Mulraney
    *** (f) N. McCourt
    http://www.ilw.com/immigdaily/digest/2009,0129.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
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    Immigration Law Workshops: http://www.ilw.com/workshops/
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    To Get Clients: http://www.ilw.com/directory/about.shtm
    Advertise: http://www.ilw.com/corporate/advertise.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    _________________________________________________________________
    1.* COMMENT
    Ellis Island Of The West
    Associated Press
    http://www.google.com/hostednews/ap/article/ALeqM5hlCihHp-38KdIyEEfLlMF0d3QhAAD95VM8906
    reports "The Angel Island Immigration Station, once known as the
    'Ellis Island of the West,' is reopening after a multimillion-
    dollar restoration of the historical landmark aimed at showing
    visitors a chapter of American history that many would rather
    forget... The station was built on Angel Island, a short boat
    ride from San Francisco, to help enforce the Chinese Exclusion
    Act of 1882 and other laws aimed at curbing immigration at a time
    when Americans were worried about immigrants stealing jobs and
    depressing wages... Hundreds of thousands of immigrants, mostly
    from Asia, were detained on the largest island in San Francisco
    Bay for days, weeks and sometimes months in the three decades
    before World War II."
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.* FOCUS
    New 2008-2009 Edition For Immigration Practice By Robert C.
    Divine
    Immigration Practice by Robert C. Divine & R. Blake Chisam
    http://www.ilw.com/books/immigrationpractice.shtm
    is an invaluable supplement to Kurzban's with a different
    approach. It is also useful to newer practitioners and paralegals
    in view of its easy to understand and practical style. For more
    info, see here.
    http://www.ilw.com/books/immigrationpractice.shtm
    To order by fax, see here.
    http://www.ilw.com/books/immigrationpractice.pdf
    _________________________________________________________________
    3.* ARTICLES
    (a) Consular Corner: January 2009
    Liam Schwartz writes "We're pleased to present the latest in our
    series of interviews introducing the reader to the people who run
    and manage the visa application process."
    http://www.ilw.com/articles/2009,0129-schwartz.shtm
    http://www.lsa-law.com/
    (b) Perspective - We Win One (So Far)
    Sheldon Richman for the Foundation For Economic Education writes
    "May the government declare a US resident an "enemy combatant,"
    throw him in a military prison indefinitely, and never charge him
    with a crime--all without judicial review?"
    http://www.ilw.com/articles/2009,0129-richman.shtm
    http://fee.org/
    (c) Bloggings On Immigration Law And Policy
    Greg Siskind shares the latest entries as of January 27, 2009 on
    his immigration law and policy blog.
    http://www.ilw.com/articles/2009,0129-siskind.shtm
    http://blogs.ilw.com/gregsiskind
    To submit an Article for consideration, write to
    mailto:editor@ilw.com.
    _________________________________________________________________
    4.* NEWS
    (a) Scialabba Memo On Child Soldiers Accountability Act
    A memo from USCIS Associate Director, Refugee, Asylum &
    International Operations Lori Scialabba provided notification and
    a brief overview of the provisions of the Child Soldiers
    Accountability Act of 2008 (CSAA), Public Law 110-340, which was
    signed into law and became effective on October 3, 2008.
    http://www.ilw.com/immigdaily/news/2009,0129-scialabba.pdf
    (b) Langlois Memo On Revised Credible Fear Quality Assurance
    Review Categories
    A memo from the Chief of Asylum Division of the USCIS, Joseph E.
    Langlois, modified the categories of credible fear determinations
    that must be sent to the Asylum Division Training, Research, and
    Quality (TRAQ) Branch for quality assurance (QA) review prior to
    the issuance of a final determination. In addition, the
    memorandum announced new procedural requirements for all
    determinations. These changes will be effective as of December
    23, 2008.
    http://www.ilw.com/immigdaily/news/2009,0129-langlois.pdf
    _________________________________________________________________
    5.* CLASSIFIEDS
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    emails, notes, reports, invoices, auto email alerts and
    reminders, document storage and assembly. A library of
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    included. Online access for clients to check case status
    included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
    services: credit card processing, Outlook & QuickBooks
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    We teach you how to customize the software to fit your processes
    and communication needs. Founded in 1999, INSZoom is a
    profitable, financially sound company, employing 100+ engineers,
    sales, and support staff. INSZoom is ISO 27001:2005 certified and
    the "world's largest immigration software company", built with
    flexible modules that allow you to manage and control technology.
    To schedule a complimentary online demo, call 925-244-0600 or
    email mailto:info@inszoom.com.
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    6.* Headlines
    (a) Gillibrand's Immigration Views Draw Fire
    During her one term in the House of Representatives, from a
    largely rural, traditionally Republican district, Kirsten E.
    Gillibrand was on safe political ground adopting a tough stance
    against illegal immigration.
    (b) Owner Of Bianco Sentenced To Prison
    A federal judge, taking into account Francesco Insolia's plea
    that he is a "decent, hard-working man," yesterday sentenced the
    former New Bedford factory owner to spend a year and a day in
    prison.
    (c) Chicago Immigration Activist Marks Year In Church
    Flor Crisostomo has quietly spent the last year inside a Chicago
    church writing letters, meeting with school groups and organizing
    political demonstrations toward her goal of U.S. Immigration
    reform.
    (d) Human Rights Group: "The Clock is Ticking, President Obama."
    Found on the organization's Web site, www.respectrespeto.org, the
    clock will keep track of every minute after President Obama's
    inauguration until the country passes the immigration reform
    legislation so desperately needed.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0129.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 - Washington, DC
    Maggio & Kattar is pleased to announce its first monthly
    Immigration Community Forum which will take place on Wednesday,
    January 28, 2009 from 12 PM - 2 PM.* Maggio & Kattar attorneys,
    Elizabeth Quinn and Melissa Frisk, join area experts Elizabeth
    Keyes, Staff Attorney at WEAVE (Women Empowered Against
    Violence), Deepa Bijpuria, Project Director of The Multi-Ethnic
    Domestic Violence Project, The Women's Law Center of Maryland,
    and Natalie Nanasi, Fellow, Tahirih Justice Center to discuss
    changes brought about by the interim "T" and "U" visa
    regulations. This event will take place at Maggio & Kattar,* 11
    Dupont Circle, NW, Washington, DC 20036. www.maggio-kattar.com.
    _________________________________________________________________
    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:
    Anti-Obamites say that Article ii of the Constitution lists two
    categories of citizens - natural born citizens, and citizens of
    the United States - and that the first category includes only
    citizens with two citizen parents.* In fact, the second category
    is not citizens of the United States.* It is citizens of the
    United States "at the time of the adoption of this Constitution."
    That category no longer exists because it died off about 150
    years ago, leaving just one category of presidency-eligible
    citizens - those who are citizens by birth, not by
    naturalization.* Citizens by birth are citizens in all respects
    by virtue of the 14th Amendment, and the citizenship of their
    parents is irrelevant no matter how strenuously anti-Obamites
    misquote both case law and the Constitution.
    Sid Lachter, Esq.
    (b) Dear Editor:
    Contrary to Mario Apuzzo's letter (01/28/09 ID), one would be
    hard put to find a single sentence anywhere in the lengthy 1898
    Supreme Court Wong Kim Ark decision, which contains one of the
    most exhaustive discussions of 500 years of Anglo-American
    citizenship law imaginable, that distinguishes between the
    concept of a "natural born citizen" of the US under Article 2 of
    the Constitution and that of a US citizen by birth in the US
    under the 14th Amendment. On the contrary, every time the
    majority decision mentions this issue, it makes clear that these
    two concepts are interchangeable. Nor does Mr. Apuzzo's letter
    find any support for this distinction in the dissenting opinion,
    even though the dissenting Justices agreed with Mr. Apuzzo's
    letter's conclusion about who is a US citizen at birth for
    exactly the opposite reason, namely that there was no distinction
    between these two Constitutional provisions concerning the issue
    of citizenship by birth in the US. Specifically, the dissent
    argued that if someone born in the US to Asian parents (who could
    not become US citizens under the Chinese Exclusion laws) were
    recognized as a US citizen by birth under the 14th amendment,
    then he would also be eligible to become President as a "natural
    born citizen" of the US under Article 2. This was, to put it
    mildly, not a result that the dissenting Justices wished to see
    come about. Therefore, the proposition in Mr. Apuzzo's letter,
    namely that one can be a US citizen by birth under the 14th
    Amendment but still somehow fail to be a "natural born citizen"
    of the US in order to be eligible to become President under
    Article 2, is out all by itself on a very fragile limb when it
    comes to Constitutional interpretation.
    Roger Algase, Esq.****************
    New York, NY
    (c) Dear Editor:
    We need to simplify our immigration by using merits based point
    system for everyone and stop the family based chain immigration.
    It's very unfair to let any Americans or US legal residents to
    sponsor their elderly, sick, disable or unproductive foreign
    parents or relatives to come here and start collecting medicare
    and social security checks. Citizens or legal US residents who
    want to sponsor their parents must demonstrate that they're
    financially capable to take care all the needs of their parents
    and have met certain income level and net worth. Their parents
    will be given renewable long term resident visas instead of
    greencard, they can't never sponsor their other children to come
    to US, the siblings of US citizens will now be able to immigrate
    based on their own merits and skills based system. The coming CIR
    must have provision that all illegal immigrants will be given
    only 6 years temporary residents status, and those who want to be
    permanent residents must meet certain requirements like health
    insurance coverage, being self sufficient and paying all taxes,
    English proficiency proven by out of their own pocket TOEFL test
    and good moral characters. Those who have higher merits will get
    their permanent status faster but no earlier than 6 years.
    Robert Yang
    (d) Dear Editor:
    In less than 3 months, H-1B visas will be filed for thousands of
    cheap foreign workers taking away American jobs in the midst of
    the worst U.S. recession since World War II. The annual cap is
    65,000 visas though employers keep claiming there are never
    enough qualified American workers available and the cap should be
    increased or eliminated. With unemployment on the verge of double
    digits how can any respectable U.S. employer say there are no
    qualified American workers to fill these jobs today?
    KO
    (e) Dear Editor:
    I disagree with the statement in Mario Apuzzo, Esq.'s letter
    (01/28/09 ID) that "even if Obama was born in the US, he is not a
    Presidential Article II "natural born Citizen" because his father
    was not a USC when Obama was born." .**** At the Immigration
    Officer's Basic Training Course (IOBTC) at the Federal Law
    Enforcement Training Center (FLETC) in Glynco, Georgia,
    Immigration Officers were taught that a child born in the United
    States was a US citizen by virtue of birth in the US unless one
    of four exceptions applied.* These exceptions are:**** 1) The
    child was born to diplomats in the US with full diplomatic
    immunity;* 2) The child was born to a foreign Head of State who
    was in the US on an official visit;* 3) The child was born on a
    foreign public vessel in US waters; or,* 4) The child was born to
    alien members of an enemy force in hostile occupation of US
    territory.**** Note that having an alien parent is not one of
    these exceptions.**** I realize that Article II does not clarify
    the term "natural born Citizen" but does anyone expect the courts
    to interpret it as being more restrictive than birth in the
    United States?****** The framers wrote Article II with the
    history of 18th Century Poland in mind.* Poland was an elective
    monarchy.** The nobility frequently elected foreign aristocratic
    candidates sponsored* by one of the Polish Kingdom's neighbors,
    i.e., Russia, Prussia or Austria.* Once elected, the new king was
    only too happy to sacrifice Poland's interests for his foreign
    patron.* This is what the framers wanted to prevent.**** I voted
    against Mr. Obama but I cannot see how his alien father would
    place him in the same category as one of the foreign-sponsored
    Kings of Poland.
    Bruce R. Mulraney****************
    Los Angeles, CA
    (f) Dear Editor:
    Land Wayland's letter (1/26/09 ID) made reference to the Registry
    date. This is INA 249 already on the books, all it needs is an
    amendment, as was last made in the mid eighties to 1972. Last
    year I wrote countless letters to the Senate and Congress members
    regarding this, I did not receive one reply. I can only presume
    that the concept is too simple for them to comprehend. I urge all
    readers that this would help or anyone interested in reform to
    contact their representatives and ask them to amend INA 249.
    N. McCourt
    _________________________________________________________________
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