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  1. Pennsylvania to be 1st Northeastern state with E-Verify Legislation

    On June 30, 2012, the Pennsylvania Legislature passed legislation which will require public works contractors and subcontractors, on construction projects where the estimated cost is at least $25,000,  to use  E-Verify to determine whether their employees are authorized to work in the United States.  Violators of the new law are subject to penalties, including fines of $250 to $1000, warnings, and debarment from working on public projects from 30 days to three  years.   The legislation is awaiting signature from Governor Corbett, who is expected to sign it.  If signed, it will take effect January 1, 2013.
    If signed, Pennsyvania would become the only Northeastern state to require E-Verify and the first to be implemented through legislation. Previously, Rhode Island had E-Verify through an Executive Order that required contractors, sub-contractors and vendors doing business with Rhode Island to use E-Verify for all new hires. But, Governor Chafee rescinded that Order in January 2011.
    Check back after Governor Corbett signs the legislation for a more in-depth discussion of the new law.
  2. Jul 5 - Share Immigration Daily

    Comment: Share Immigration Daily - If you find Immigration Daily a valuable resource, won't you please share it with your friends and colleagues? We thank you for it and they will too. To begin receiving your email version of Immigration Daily, simply submit your email address in the text box on the top left corner of our homepage.

    Article: Challenges Ahead on Implementing Executive Action to Prevent Deportation of Unauthorized Youth by Muzaffar Chishti and Faye Hipsman

    Bloggings: Immigrants in Mayberry by Greg Siskind

    Bloggings: Asylum and Shari'ah Law by Jason Dzubow

    Bloggins: Right Wing Global Warming Deniers Are Also Making The Weather Hot For Immigration by Roger Algase

    News: Lamar Smith Questions Handling Of Deferred Action In Letter To ICE

    News: DOS Expands Interview Waiver Eligibility For Mexican Non-Immigrant Visa Applicants

    News: USCIS Announces Special Naturalization Ceremonies

    News: USCIS Stops Processing Adoptions From Montenegro

    Focus: New Media Marketing -

    Have you been struggling to market your practice in the face of the technological revolution? ILW.COM has worked with attorneys in confronting how to do this, and we would like to help you do the same. We can help you create a multi-faceted approach to market your practice using traditional and new media and techniques. We have experience creating all of the following - typically in some combination:

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    A micro-blog for the book at a custom domain address with an appropriate and memorable name. We will help you update it and build an on-line community around it. This micro-blog might also serialize some of the content of the book in digital form and drive traffic - and prospective clients - to your firm's website.
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    The community in need of immigration lawyers is a tech savvy one, whether it's domestic businesses or foreign national seeking to come to the U.S., so you need a way to reach that community that stretches beyond traditional book, radio, television, newspaper, or yellow pages advertising. Our comprehensive approach will ensure that your marketing effort will hit all targeted segments of the market. Not only can we publish your book and do everything referenced above, we can also help with content generation.
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    Headline: Aftermath: Deportation Law and the New American Diaspora

    Headline: Senior Immigration Associate Vacancy

    Headline: In Arizona, cheers and disillusionment follow immigration ruling

    Headline: Blocking Parts of Arizona Law, Justices Allow Its Centerpiece

    Headline: The Beginning Of The End Of The Anti-Immigrant State Law Movement?

    Headline: Know Your Rights: Supreme Court Rules on Immigration

    Headline: California Dream Act 'Graduation' Ceremony Draws Hundreds To SanFrancisco

    Headline: Republican Congressman GOP Slams Romney On

    Headline: SCOTUS Strikes Down Employment Provision in Arizona Immigration Law

    Headline: U.S. border worries migrate inland

    Headline: An American Tradition

    Headline: Arizona police see immigration law as enforcement headache

    Headline: Groups ask AG to issue immigration law guidelines

    Headline: Republican Congressman Slams Romney On Immigration

    To submit an article or a news item to Immigration Daily, write to Follow ILW.COM on Twitter.

    Help Wanted: Immigration Attorneys
    Toronto, Canada - Greenberg Turner, a Canadian Corporate Immigration law firm, is seeking an immigration attorney with global file management experience. An ideal candidate must demonstrate complex problem-solving capabilities, attention to details, superior communication skills, and be comfortable managing a reasonable caseload in a fast-paced and collegial team. Fluency in multiple languages is an asset. Please submit your resume via email to or by fax to 416-943-0289

    Website Services

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    Mona Shah & Associates (MSA), in association with the well-known attorney Lory Rosenberg, offers removal law firms nationwide with co-counseling for BIA and circuit court appeals in cutting-edge cases, exploring novel legal theories in removal and litigation. Lory Rosenberg, Of Counsel to MSA, provides incisive case and issue consultation, expert opinion, mentoring for attorneys, advocates, and organizations engaged in agency and federal court appeals, asylum, convictions, admission, visas/adjustment of status, waivers, removal defense, naturalization, EB-5 related litigation and appeals and immigration reform. MSA possesses extensive experience in removal matters and is fully equipped with a dedicated and competent staff devoted to removal work. MSA stands ready to deliver unprecedented services to the immigration bar. For more information please contact:

    To place a classifieds ad in Immigration Daily, see here

    Letters of the Week: James Martin

    ComingsNGoings: Immigration Reading
    History, Memory and Migration: Perceptions of the Past and the Politics of Incorporation - J. Olaf Kleist and Irial Glynn - Palgrave Macmillan, 272 pp.
    - Hardcover, ISBN: 0230293387, $80.00 -

    Readers can share professional announcements (up to 100-words at no charge), email:

    An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2012 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

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

  3. CSPA Lawsuit: What's at Stake for Immigrant Families? On June 19, Attorney Nancy Miller and I argued in favor of the rights of a class of immigrant families before an 11-judge panel of the U.S. Court of Appeals for the 9th Circuit. The Court's decision is a few weeks or months away.

    Many immigrant families are asking what this lawsuit means to them. Let me explain.

    The plaintiffs are persons who immigrated to the U.S. through either their brothers or sisters (family-based 4th preference category) or one of their parents (family-based 3rd preference category). The issue is whether their sons and daughters will be able to immigrate together with their parents.

    Traditionally, when a child turned 21 years of age, he no longer was eligible to immigrate to the U.S. together with his parents. The parents, once they become permanent residents, have the option of sponsoring their aged-out unmarried sons and daughters under the family-based 2B preference category. However, this entailed years, or even decades, of separation. Congress passed the Child Status Protection Act (CSPA) in 2002, in part, to solve this problem and to prevent the separate of parents from their sons and daughters.

    CSPA provides that the length of time that the visa petition was pending is subtracted from the child's age on the date that the priority date becomes current. If the resulting age is under 21, the son or daughter can immigrate together with his parents. CSPA further provides that if the child's CSPA age is 21 or over, he "retains" the "priority date of the original petition" which "automatically converts" to the "appropriate category".

    The meaning of the above words and phrases is very clear. The priority date of the original petition is the date that the 3rd or 4th preference visa petition was submitted. The appropriate category is the family-based 2B category since the child is now the unmarried adult son or daughter of a permanent resident. This enables any period of family separation to be either shortened or eliminated.

    The government disputes this by relying on the clearly erroneous decision of the Board of Immigration Appeals in Matter of Wang which held, in a two-sentence "analysis" of CSPA, that the language of CSPA is ambiguous, and that "retention" and "automatic conversion" are terms of art which are to be construed in such a restrictive fashion that no additional families would be united by this subsection of the law. Wouldn't this render the clause be completely meaningless? No, says the government. The benefit would be that some immigrant families would no longer have to submit an additional petition for their child. Quite a "meager benefit" concluded the U.S. Court of Appeals for the 5th Circuit in Khalid v. Holder. We agree. If the 9th Circuit concurs, the automatic conversion clause will lead to the reunification of families who immigrate in any of the family and employment-based categories, as well as those who immigrate through the diversity visa lottery.

    Here are two examples of how the automatic conversion clause would work:

    1. Mr. and Mrs. Santos, both citizens of the Philippines, were sponsored by Mrs. Santos sister, a U.S. citizen, on January 27, 1989. Their priority date became current on July 1, 2012. They have 3 children, born in 1988, 1992 and 1996. The sister's visa petition was approved in one month. Therefore, their children the oldest of whom was 1 year old, and other two, not even born when the petition was submitted, are now aged 24, 20 and 16. The younger two children can immigrate together with their parents. The oldest child, who is still unmarried, would benefit by the automatic conversion clause. She would be given credit for the 23 years that she stood in line together with her parents waiting for her green card. As soon as her parents become lawful permanent residents, her category would automatically convert to the family-based 2B category, and she would be permitted to immigrate to the U.S. and rejoin her family.

    Under the government's interpretation of the law, she would lose her priority date, and her parents would have to sponsor her in the 2B category, and she would have to wait, unmarried, for 32 years in order to get her green card and rejoin her family. The situation would be even worse for children born in Mexico, where the real wait for a person in the 2B category exceeds 115 years!

    2. Mr. and Mrs. Patel, both citizens of India, have lived in the U.S. for 9 years, and have two children, a son of 18 who was born in India and a daughter of 6 who was born in the U.S. Mr. Patel who graduated from a university in the U.S. in computer science changed his immigration status from F-1 student to H-1B professional. His employer sponsored him for a green card in 2008 under the employment-based 3rd preference category. The PERM application has been approved and the USCIS approved the I-140 petition in 6 months. Since the EB-3 category for Indians has been stuck in 2002 for some time now, it is very possible, indeed probable, that their son will age-out before his priority date becomes current. However, as long as the Court interprets the automatic conversion clause as a benefit to prevent the prolonged separation of families, their son will be able to retain his 2008 priority date and will automatically convert to the 2B category when his parents become permanent residents. He may be able to adjust his status soon after his parents do so as long as he remains unmarried.

    Should the government prevail in this lawsuit, he will be forced to go to the back of the line, and wait, unmarried, for over 10 years in order to become a permanent resident.

    A note of caution: No matter how the judges of the 9th Circuit Court of Appeals rule on this matter, the losing side may ask the Supreme Court of the United States to review this decision. Should this occur, the proper interpretation of this provision of CSPA will not be decided until 2013 and no families would benefit in the meantime.

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    Updated 12-02-2013 at 01:25 PM by CShusterman

  4. Napolitano Offers Hints of How Deferred Action for DREAMers Will Work

    by , 07-05-2012 at 07:11 AM (Greg Siskind on Immigration Law and Policy)
    Thanks to reader GG for the link to CNN's interview with the DHS Secretary.
    Here are the highlights:
    On the process for applying -

    "There are those who are in removal proceedings now. We will either find them or we're asking them to help us self-identify. There will be hot lines and web sites up over the next couple of days.

    And then there are those who haven't been in touch with the immigration system, but they've been living under a cloud. And within 60 days they will be able to go to a CIS office.

    And if they meet the criteria -- they're going to have to demonstrate they meet the criteria, they can be given a grant of deferred action."


    BLITZER: One final question, is the Department of Homeland Security, ICE, Immigrations Customs Enforcement, are you ready for what is about to happen because presumably you're going to be swamped with phone calls, appearances, these young people want legal status.

    NAPOLITANO: You know, we're cautioning people, we need to take it, you know, kind of incrementally. Instructions have gone out to ICE and CBP today that they're not to put these young people into removal proceedings.

    We will begin the process over the next weeks of identifying those already in removal or whoever received a final order of removal to consider them for deferred action.

    And there will be phone numbers and a public advocate that these individuals can actually call beginning next week if they think they qualify.

    And then for those who haven't been in the immigration system yet, they haven't been put into any kind of a proceeding, but they want to come forward, that will have to be to a CIS office.

    And that will be within 60 days. And, again, we are posting on, initial information, initial frequently asked questions. But we're going to have to work together with the community, with the country, to do a smooth implementation as possible.

    On risking getting parents caught up in immigration proceedings by applying -

    "BLITZER: What about the parents of these children? The children come forward now, they identify themselves. Should the parents be concerned that potentially they could be deported? They would now be identified as illegal immigrants.

    NAPOLITANO: No. We are not going to do that. We have internally set it up so that the parents are not referred for immigration enforcement if the young person comes in for deferred action. However, the parents are not qualified for deferred action. This is for the young people who meet the criteria that we've set forth."

    On eligibility for federal benefits and on getting employment authorization:

    "BLITZER: What social services would these young people be qualified for? Will they be qualified to receive Medicaid benefits, food stamps, school vouchers, stuff like that?

    NAPOLITANO: No. No. They won't be -- again, there's deferred action now given in certain cases. And they don't qualify for those types of benefits. The one thing they may qualify for is a work authorization card if they can demonstrate economic necessity."

    So good news for people worried about putting parents in the cross hairs of immigration by applying for deferred action. Also, the new details on the process are interesting. Monday, there's a call hosted by the DHS entities administering the program where more details are to be announced. I'll be participating and will report.
  5. Emails from ICE and FBI Reveal that the Obama Administration is using Secure Communities to Deport People of Color that have never been Criminally Arrested

    by , 07-05-2012 at 05:55 AM (Matthew Kolken on Deportation And Removal)
    Turns out I was right about what I have been saying publicly for the better part of the last year: the Obama administration is using the Secure Communities program as a tool to racially profile and deport people of color that have never been charged with any criminal violation.  
    Who'da thunk it?
    A series of emails between the FBI and ICE establish that Secure Communities is not being limited to individuals that are being booked into jail for a charged violation of a criminal law.
    The Obama administration had been stonewalling the release of information verifying this fact. The National Day Laborer Organizing Network, the Center for Constitutional Rights, and the Cardozo Immigration Justice Clinic were forced to file suit against the administration in order to obtain information under a previously submitted Freedom of Information Act request.  
    So much for being the most transparent administration in history.
    What was found is that the Obama administration is using drivers' license checkpoints as a tool to institute removal proceedings.
    I hate to say I told you so, but... offers the following: 

    According to the emails, in May 2011, California attempted to obtain assurance from ICE and the FBI that "the [Secure Communities] Program will only affect persons who are arrested for a crime, and not those who may simply be stopped at a drivers' license checkpoint." Instead of providing the requested assurance, the FBI apparently informed California that even prints for individuals who had been arrested for identification purposes only would have their immigration status checked through Secure Communities. Moreover, the FBI informed California that, although it was technically possible to change this process, it would not do so.

    The administration's response to the release of information is that it is "going to create an issue."
    YA THINK?!  
    It's comforting to know that the administration is so concerned about bad press in an election year.
    Chris Newman, Legal Director of the National Day Laborer Organizing Network, sums it up perfectly:  "This is the latest proof that Secure Communities is not a targeted immigration enforcement program, but a deportation dragnet."
    How is all that hopey-change stuff working out for you?
    Vote Gary Johnson for President in 2012.
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