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Jan 18 - Crocodile Lamar

Rating: 2 votes, 5.00 average.

-----------------IMMIGRATION DAILY FROM ILW.COM------------------

January 18, 2011,0118.shtm


1. Comment: Crocodile Lamar - Mort Kondracke, Executive Editor of

RollCall recently wrote a column titled "'Nativist Lobby' Is

Winning on Immigration"

offering the sage and obvious observation that "The failure of

Congress and two presidents to enact immigration reform is

plunging the nation into an ugly future." Rep. Lamar Smith, Chair

of the House Judiciary Committee replied in a column published

today in RollCall

with the usual litany of bogus claims that many Republicans have

come to make on immigration matters, especially the fig-leaf of

pretending to be for "the rule of the law" except for those laws

that he disagrees with. One paragraph in particular is important

for pro-immigrationists to grasp the significance of, and act

upon, if disaster in the 112th Congress is to be avoided. Mr.

Smith writes:

"More than 26 million Americans are unemployed or underemployed.

Meanwhile, 7 million illegal immigrants remain in the U.S. work

force. We could make jobs available for citizens and legal

immigrants if we simply enforced our current immigration laws."

Mr. Smith's statement is wrong on two counts (and it's the second

count that matters): Firstly, the 7 million undocumented

Americans aren't leaving the US, even if the US were to use

Gestapo techniques, shooting people in the streets (the American

people will not stand for it). Secondly, it's the issue of who do

those jobs belong to - American employers or American employees.

If it is American employees, as Mr. Smith implies, then why does

Mr. Smith support free trade where employers, both American and

foreign, can choose which countries to site many jobs. A person

who insists that American jobs belong to American employees

cannot logically support free trade which posits that jobs belong

to employers. More than logic is at stake here - a big chunk of

Mr. Smith's campaign funds likely come from corporations and

lobbyists who are counting on Mr. Smith to deliver on the claim

that he makes on the "issues" page of his House website:

"I believe that free trade is vital to economic growth and job

stability". What Mr. Smith really means is this: American jobs

belong to American employers who can move them wherever in the

world they wish - however, if those jobs stay in America but are

held by people of color then Mr. Smith has a big problem that

"the law isn't being followed".

Mr. Smith has happily persisted in his contradictions, without

contradicting Mr. Kondracke in the interests of intellectual

debate. Why does Mr. Smith issue his lamentations now? Mr.

Smith's crocodile tears on enforcement do have a motive, and it

is this motive that advocates should understand and act upon. The

Supreme Court will soon issue a decision on the Arizona E-Verify

case (Chamber of Commerce of the United States v. Whiting), which

has been litigated for several years. Justice Kagan has recused

herself from this case, as she has with many other cases she was

involved in as Solicitor General. Gary Endelman opines that in

consequence of the recusal, it is even more likely that Mr.

Kennedy, the court's traditional swing vote, will not create a

4-4 split (Mr. Endelman has been consistently right in his

predictions on this litigation). Instead, Mr. Kennedy is likely

to side with the conservatives on the court and the Supreme Court

will likely pronounce Arizona's E-Verify statute constitutional.

We believe that Mr. Smith is preparing for this decision,

expected within weeks, to launch an E-Verify blitzkrieg, and

cause the House to pass stridently anti-immigration legislation

including mandatory E-Verify requirements for employers. Unless

advocates frame the issue correctly to the public and build a

strong firewall in the Senate, President Obama may be too scared

to veto the bill. Mr. Obama has not yet delivered his State of

the Union address. If he takes a strong pro-immigration position

in his remarks to Congress then, perhaps Mr. Obama might yet

stiffen the spines of Senators. The best way to implement a

firewall against Mr. Smith is this: The important thing is NOT to

kill Mr. Smith's bad bill, terrible though it will be. Instead,

it is important to attach large quantities of benefits to it in

the Senate and send it back to the House. When Mr. Smith then

directs that his bill be killed, supporters of immigration in

Congress will be able to paint Mr. Smith et al as BOTH anti-

benefits and anti-enforcement.

That is why Mr. Smith's crocodile tears in RollCall are

significant, we urge those who support immigration benefits to

notice Mr. Smith's strategy and act accordingly, the 112th

Congress's immigration report card is at stake.

2. Article: New M-274 Handbook For Employers Fills Gaps In Form

I-9 Guidance by Avalyn Langemeier, Susan K. McConn and Kari


3. Article: The Rule of Law and Immigration by Charles Kuck,0118-kuck.shtm

4. Bloggings: Government Accountability Office Releases Report On

H-1B Program by Greg Siskind,0118-siskind.shtm

5. Bloggings: GAO Recommends H-1B Changes by Chris Musillo,0118-musillo.shtm

6. Bloggings: 55,000 Green Cards For Employment-Based Immigrants

by Carl Shusterman,0118-shusterman.shtm

7. Bloggings: Must Attorneys Always Ask Their Clients About FGM?

by Jason Dzubow,0118-dzubow.shtm

8. News: USCIS Draft Memo For Comment On P-1 Definition Of

Internationally Recognized,0118-p1.pdf

9. News: USCIS Interim Memo For Comment On Extension Of Validity

Of Medical Certifications On Form I-693,0118-i693.pdf

10. News: USCIS Announces New Countries Eligible For Participating

In H-2A and H-2B Programs,0118-h2ah2b.shtm

11. Focus: US Tax Compliance For Immigrants And Employers: The

Lawyer's Complete Guide

Our new book on tax compliance for immigrants and employers

authored by noted authority Paula Singer is shipping now. The

outline is as follows:

++ International Aspects of Individual U.S. Tax Returns

++ A Guide for Filing IRS Forms 1042 and 1042-S

++ U.S. Taxation of H-1B Specialty Workers

++ U.S. Taxation of B-1 Business Visitors

++ U.S. Taxation of Foreign Students

++ L-1 Intracompany Transferees on U.S. Assignment

++ What You Need to Know About Exchange Visitors

++ J-1 Nonstudent Exchange Visitors Performing U.S. Services

++ Tax Treaty Benefits for Foreign Nationals Performing U.S.


++ Appendix includes Treaties/Agreements and Sample Letters

++ CD-ROM includes 50+ IRS Forms, 16 IRS Publications, useful web


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For info/ordering by fax, please see:

12. Headline: Jeb Bush: GOP 'incredibly stupid' to ignore

Hispanics immigration

13. Headline: Pawlenty offers few details of immigration view

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15. Headline: Border Patrol agent arrested for harboring twice-

deported undocumented immigrant -- his father.

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18. Headline: RT @IYJL Help stop Pedro's deportation DREAMAct

19. Headline: RT @campusprogress As Haiti recovers from last

year's earthquake, Haitians targeted by anti-immigrant movement immigration

20. Headline: RT @SideofLove For undocumented immigrants and

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  1. Alex Majthenyi's Avatar
    I don't agree with most of what Lamar Smith says and some of what Kondracke says but your statement "if those jobs stay in America but are held by people of color " does not apply to their statements.
    Not all illegal aliens are people of color and not all people of color are immigrants. To inject that into your argument makes no sense and is inflammatory. (I am an immigrant)
  2. Roger Algase's Avatar
    True, Mr. Maithyeni, not everything in immigration is necessarily determined by color. But a great deal is. If all immigrants in the US were blond, blue-eyed Scandinavians, or from the British Isles, America would have a very different immigration system. Everyone in this country knows this, and there is no point in trying to pretend otherwise.
  3. Roger Algase's Avatar
    I am sorry for misspelling Alex Maithenyi's last name.
  4. Jon Ahlberg's Avatar
    "If all immigrants in the US were blond, blue-eyed Scandinavians, or from the British Isles, America would have a very different immigration system. Everyone in this country knows this, and there is no point in trying to pretend otherwise."

    I have appreciated Immigration Daily since 2002 and used to enjoy the old letters to the Editor but the current forum for comments has become nothing but a sounding board for Roger Algase to attempt to validate his own skewed view of the world where everything is seen through the lens of color and race.

    Sorry but my view is through the lens of the law so I guess I am trying to pretend otherwise. This is the first time I have posted a comment to this newsletter and, although I'll continue reading ID for the valuable immigration updates and information, this is the last time I'll waste my time with the comments section. Life is too short to live it in hate. I imagine the fact that my father was an immigrant as is my (nonwhite) wife still won't ameliorate the forthcoming vitriol and racist accusation.

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