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Greg Siskind on Immigration Law and Policy

BREAKING NEWS: COURT ISSUES PRELIMINARY INJUNCTION BLOCKING NO MATCH RULE

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Just as he hinted, Judge Charles Breyer has issued a preliminary injunction blocking implementation of the Department of Homeland Security's no match rule. This effectively means that the rule will not take force this year since it is very unlikely a trial on the merits of the case will be completed until well in to 2008.



This is a major blow to anti-immigration advocates.



Dan Kowalski's got the link at http://bibdaily.com/pdfs/nomatch%20pi%2010-10-07.pdf.



 

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Comments

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  1. USC's Avatar
    A victory not just for immigrants but for every USC. Sweet!
  2. Dan Kowalski's Avatar
    Here's a better link:

    http://bibdaily.com/pdfs/nomatch%20pi%2010-10-07.pdf

  3. USC's Avatar
    "Here's a better link:"

    LOL! I will grant you that it does download faster!
  4. USC's Avatar
    And here is what awaits DHS/INS at the Court of Appeals:

    http://www.ilw.com/immigdaily/cases/2007,1011-singh.pdf

    "It is the responsibility of the Department of Justice and its lawyers to be aware when its positions have been rejected by
    the court. While it is acceptable to make a rejected argument for purposes of preserving it for en banc or Supreme Court consideration while acknowledging that it has been rejected by the court, it is not acceptable to repeat an argument already rejected without acknowledging the case that rejected it, particularly where it is the Department of Justice itself that was involved in earlier case. Another such repetition of this same argument in this court will be considered sanctionable behavior."

    Wow! They seem ticked off! LOL!
  5. indianGuy's Avatar
    This is how undocumented workers should fight. Not by trying to enact grand laws but by sound legal defense. Stick to your lawyers, not your politicians.

    This also makes me realize what a cruel game these senetors/reps like Tancredo and Durbin, Grassley and Hunter are playing with protectionist American workers that want to abolish or limit H-1B visas. Every year, these senetors keep coming up with grand bills supposedly to protect American workers from foreign competition. But, they know very well that those bills will never become law and even if they did, won't survive a day in the courts.

    Nobody can stop the forces globalization!
  6. Middle Ground's Avatar
    The government is left with no real tools to fight illegal employment practices. Unfortunately, they didn't start with any real tools.

    They need a tamper proof ID or a bio card. But, the ACLU will fight that.

    Does anyone here have any ideas on how to stop illegal immigration? Or is everyone here pretty much willing to allow it to continue?

    I hear everyone knocking the program (I'll admit, I knocked it too and sided with the AFL-CIO) but does anyone have ideas that will work?

    If you don't have ideas, don't complain when someone else comes up with one that doesn't meet your expectations.
  7. The Avenger's Avatar
    Boy do I have an idea. How about Congress doing what it's supposed to do, NOW, instead of playing politics and thinking about re-election and votes and doing nothing but procrastinating. The country needs an integral solution to this problem. What do we elect these clowns for anyway? This leads to the following question: What do a politician and a broken public toilet have in common? They're both full of shit.
  8. Sid's Avatar
    Before doing workforce enforcement, a temporary guest worker program should be established and temporary visas (valid for 2-3 years) should be offered to the ones who are here illegally. They should be encouraged to come forward and use this opportunity to become legal temporary workers. Give them a 6 months to become legal workers. After that do whatever it takes - tamper proof ID, no match rule, ... to ensure that only citizens and legals are employed. If all the illegal workers are kicked out before these measures are in place, everyone will suffer. Eventually, there will be a guest worker program. Why not be smart about it and give the first shot at people who are already here - albeit illegally.
  9. USC's Avatar
    "Does anyone here have any ideas on how to stop illegal immigration?"

    Yes. If we believe in free trade that means removing barriers to the movement of goods and services (services = people). To implement this "unique" concept and not just pay it lip service the US and all other countries need to remove controls on immigration and the movement of people. The member nations (with the exception of the UK) of the EU have already done this and allow each others nationals to live and work anywhere in the EU. Unfortunately, they have not extended this right to non-member nations so we have a way to go. Yes, this concept will result in increased competition for the USCs & GCs but life is about the survival of the fitest! This is the only way to reduce illegal immigration to zero! Just remember "no competition = extinction."

    I realize the above may be a long time in coming so how about border enforcement? Though a border fence is not aesthetic and sounds distasteful it is better than the alternatives.

    Now, I know that just border enforcement is not going to stop illegal immigration but it will drastically reduce it. I acknowledge that you will still have the problem of visa overstayers but that is one of the prices we pay for living in a democracy. Most people want to live and be a part of a democracy. To get anything good one has to pay a price. If we are to remain a true democracy one of the costs we will continue to pay is that we will have to live with some illegal immigration.

    While in High School I took a course entitled "Problems of Democracies" some of the global antis should be made to take it. A democracy has many advantages but like anything good those come at a certain cost. If the US start advancing measures like internal controls, worksite enforcement and national ids you undermine the very heart and soul of a democracy. Yes, you might significantly curtail illegal immigration but you won't have much to protect. The fundamental spirit of the Constitution will have been compromised. IMHO, a price too high!!
  10. Middle Ground's Avatar
    (regarding free trade)
    "The member nations (with the exception of the UK) of the EU have already done this and allow each others nationals to live and work anywhere in the EU. "

    Yes, but they also have a common currency, common workplace and environmental laws, etc. You can't have three sovereign nations (Canada, Mexico, USA + whomever else) and also have free trade that works. Most people in the USA, Canada, and I assume Mexico don't want to give up sovereignty. If Canada and Mexico wanted to become US territories/states, it would work. I doubt they want that.

    As to the ideas on illegal immigration, I'll keep listening. I've heard a few possibly good ones.
  11. USC's Avatar
    "If Canada and Mexico wanted to become US territories/states,"

    Or if the US wanted to become a Canadian province. ;-)
  12. Middle Ground's Avatar
    "Or if the US wanted to become a Canadian province. ;-)"

    lol. I'm sure Canadians find it just as ludicris that they become part of the US.

    Personally, I believe that the EU is in its first chapter. The question still remains if it will survive. They are bringing in quite a few former soviet block nations - so they are mixing poor and rich nations. It is definately a social experiment worth paying attention to.

    They will either be very successful, or a total failure. There are so many factors so I have no idea which way the chips will fall. And how long it will last. Nations are only as good as their leaders. Leaders change over time.
  13. USC's Avatar
    I received the following e-mail this morning:

    Thank you for contacting me to express your views on immigration. While our culture has a rich tradition of incorporating hard-working immigrants into this country, the estimated 12 million undocumented immigrants are living proof that the current system is broken and badly in need of repair.
    As a Senator from New York, I take our national security extremely seriously. I believe secure borders are critical for a secure nation. Without them, America is left prey to those who would do her harm. This is why I have supported the construction of a barrier at certain border areas where many aliens cross illegally, as well as tougher penalties for employers who knowingly hire undocumented workers.

    With this goal, I voted for S. 1348, the Comprehensive Immigration Reform Act of 2007. While the bill was by no means perfect, it would have been a good start toward securing our borders. It would have greatly augmented the size of our Border Patrol, improved technology of border surveillance, and developed a biometric entry-exit system. Unfortunately, the bill failed - leaving us with a broken immigration system and a porous border.

    Please know, I will continue to support legislation which calls for tougher measures to prohibit undocumented immigrants from entering this country and provides strong enforcement against employers who hire undocumented immigrants, even as we seek to establish a rational and fair system of legal immigration.

    Again, thank you for writing me. Please do not hesitate to contact me if I may be of further assistance on this, or any other issue.



    Sincerely,

    Charles E. Schumer
    United States Senator
  14. Another voice's Avatar
    "Does anyone here have any ideas on how to stop illegal immigration? Or is everyone here pretty much willing to allow it to continue?"

    I do CIR
  15. john's Avatar
    no one is going to get rid of illegal immigration. Its there in all developed countries. but when it gets to a stage like on the US-mexican border, then you will have to address it differently. Start asking why, how stuff.
    I think US will need to use carrot and stick approach to make that undocumented number to a size that US can handle.
    There is no doubt that broken immigration system is the major source for this mass inflow. There is a large requirement that is not covered under the current visa system. how many will mexicans will cross border if there are no jobs. I dont take the slogan'they take my job'.
    because immigration is not doing anything, people are doing easiest way of jumping across the borders. Absolutely nobody is justifying this act. Many of us would have done the same , if we were so close. Why wait tens of years not knowuing when you will be out of status.Govt has to work hard on this. if you make a legal immigrant to get their visa quickly (TN or whatever you call instead of undocumented) , you will start seeing many more honest ppl and less illegals. by not ackowledgin the problem, they will be spending more resource and money on defence, instead of inviting the right labor into the country. A mexican producing a car under a low wage in US is better than sending the whole manufacturing plant to china. think about it. because on US soil you can recover tax. there are bunch of narrow minded hypocrats. but other than that many knows the problem and this will be address some times soon. its all about using your resource wisely and grow in the new economic era. There is a strong potential of availing this cheap labor market.
  16. USC's Avatar
    Greg had posted a story on Pedro. Here is another one:

    http://www.miamiherald.com/top_stories/story/266193.html
  17. USC's Avatar
    Greg,

    Perhaps you can pass the word around so that someone suitable will apply.

    http://www.bibdaily.com/pdfs/Job%20Announcement.pdf

  18. USC's Avatar
    As you can see the job notice is published by majority office so the applicant would be in a great position to make a real difference:

    http://judiciary.senate.gov/subcommittees/110/immigration110.cfm
  19. USC's Avatar
    Google research confirms that the fax number belongs to Senator Kennedy. Apparently, Bill Yeomans must have decided to call it a day

    http://legalethicsforum.typepad.com/blog/files/kennedy_letter_12705.doc
  20. JoeF's Avatar
    "They need a tamper proof ID or a bio card."

    There is no tamper-proof ID card in the world. All ID cards, biometrics or not, can be broken. Every person knowledgeable about security knows that. If falsifying is too hard, social engineering will always work. Humans are entering the data and producing the cards, so there always is a weak spot that can be exploited.

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