ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

IDBlog

Jan 6 - No Citizenship For America Haters

Rating: 7 votes, 5.00 average.

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



January 6, 2011



http://www.ilw.com/immigrationdaily/digest/2011,0106.shtm



ITEMS



1. Comment: No Citizenship For America Haters - Not satisfied by

visiting the sins of the parents upon the foreign-born children

of the undocumented (in killing the DREAM Act), the anti-

immigrationists are now taking aim at the American-born children

of the undocumented. Even though this would mean throwing away

the rule of the law - the centuries old doctrine of jus soli

which has always been the bedrock of American citizenship - the

anti-immigrationists are not troubled by trifles such as

following the plain language of the constitution.

The anti-immigrationists' fantasies rest on the belief that the

phrase "subject to the jurisdiction thereof" in the 14th

amendment somehow implies that the undocumented are exempt from

the jurisdiction of US law, and therefore from the benefits of

the 14th amendment also. In an article

http://online.wsj.com/article/SB10001424052970203731004576045380685742092.html

debunking this maliciously fraudulent misinterpretation of the

14th amendment, James Ho writes:

"A foreign national living in the United States is "subject to

the jurisdiction thereof" because he is legally required to obey

U.S. law. (By contrast, a foreign diplomat who travels here on

behalf of a foreign sovereign enjoys diplomatic immunity from-and

thus is not subject to the jurisdiction of-U.S. law.) During

congressional debates, both proponents and opponents of the

citizenship clause agreed with this interpretation of the 14th

Amendment. For example, Pennsylvania Sen. Edgar Cowan opposed the

clause precisely because it would extend birthright citizenship

to the U.S.-born children of Chinese laborers and other

noncitizens who "owe [the U.S.] no allegiance [and] who pretend

to owe none." Tellingly, Cowan's racially charged opposition was

met with the following response from California Sen. John

Conness: "The proposition before us... relates simply in that

respect to the children begotten of Chinese parents in

California, and it is proposed to declare that they shall be

citizens... I am in favor of doing so... We are entirely ready to

accept the provision proposed in this constitutional amendment."

The anti-immigrationists take refuge in the argument that few

other countries scrupulously follow the jus soli doctrine,

preferring instead the jus sanguini doctrine, the very doctrine

that has consistently led to enormous ethnically-motivated

bloodshed in Europe in days past, and in Africa and Asia today.

Patently, the anti-immigrationists do not believe in American

exceptionalism. If they don't like the US constitution, and

prefer the doctrines of other countries instead, the anti-

immigrationists should leave America promptly. If not,

immigration advocates should start drafting legislative language,

including a constitutional amendment, to deport the anti-

immigrationists from the USA.



2. Article: Why A Company Should Not Self-Audit Its Own Forms I-9

by Charles Kuck

http://www.ilw.com/articles/2011,0106-kuck.shtm



3. Bloggings: 2011: The Year of The State Immigration Bill by

Matthew Kolken

http://www.ilw.com/articles/2011,0106-kolken.shtm



4. News: USCIS Issues Memo On New Discretionary Exemption For

Activities Relating To All Burma Student's Democratic Front

(ABSDF)

http://www.ilw.com/immigrationdaily/news/2011,0106-burma.pdf



5. News: USCIS Issues Memo On New Discretionary Exemption For

Material Support To The All India Sikh Students Federation-Bittu

Faction (AISSF-Bittu)

http://www.ilw.com/immigrationdaily/news/2011,0106-sikh.pdf



6. News: USCIS Issues Minutes Of Stakeholder Meeting On Fee

Waiver Form And Final Fee Rule

http://www.ilw.com/immigrationdaily/news/2011,0106-fee.pdf



7. News: DOJ Office Of Immigration Litigation Bulletin: October

2010

http://www.ilw.com/immigrationdaily/news/2011,0106-oil.pdf



8. News: CRS Report On "Sanctuary Cities": Legal Issues

http://www.ilw.com/immigrationdaily/news/2011,0106-crs.pdf



9. Focus: THE H-1B BOOK

THE H-1B BOOK is Edited by Karen Weinstock, and features

contributions by Prakash Khatri, Courtney Black, Mikiel J.

Davids, Melissa Downing, Rajeshri Patel, Ari J. Sauer, and Elissa

Taub. The Table of Contents is as follows:

I. and II. FOREWORD and INTRODUCTION

III. H-1B STEP BY STEP

First Step: Interview The Client

Second Step: Send The Client Intake Forms And Related Information

Third Step: Credentials: Verify That The Worker Has A US

Bachelor's Degree Or Equivalent

Fourth Step: Determine The Prevailing Wage

Fifth Step: Prepare And File The Labor Condition Application

(LCA)

Sixth Step: Prepare The I-129, Related Forms And Petition Letter

Seventh Step: Send All The Forms And Petition Letter To The

Client For Review & Signature

Eighth Step: Assemble The H-1B Petition And Send To The USCIS

Service Center

Ninth Step: Troubleshooting

Tenth Step: Post-Approval Case Management

IV. ADVANCED H-1B ISSUES

H-1B Degree Equivalency

Reviewing The Path To Permanent Residency

Traveling On An H-1B Visa While Petition Or Application Is

Pending

Dealing With Gaps In Employment

Temporary Visa Alternatives To The H-1B

The History And Economic Impact Of The H-1B Visa

When Are H-1B Visas Cap Exempt?

V. and VI. ESSENTIAL MEMORANDA and CD-ROM RESOURCE MATERIALS

For more information about the book and to order, see here.

http://www.ilw.com/books/THEH-1BBOOK.shtm

For the fax form, see here.

http://www.ilw.com/books/THEH-1BBOOK.pdf



10. Headline: State Legislators Attempt to Turn Back Clock to

Antebellum South http://bit.ly/h0Lr8Y

11. Headline: Protecting the 14th Amendment: http://bit.ly/eCR8Ap

12. Headline: Deport 'Em All - The Dred Scott Republicans Who

Want to Repeal BirthRight Citizenship http://bzfd.it/h5a90p

13. Headline: R.I. governor ends order enforcing immigration law

http://ow.ly/3zjRR

14. Headline: Several states want court ruling on birthright

Citizenship http://ow.ly/3zjLQ

15. Headline: Legislators in states plan laws to redefine

citizenship http://ow.ly/3zjHs

16. Headline: States trying to deny U.S. citizenship

http://ow.ly/3zjCR

17. Headline: Exhausted Texas Sheriffs Say No to Arizona-Style

Immigration Law http://ow.ly/3zjyV

18. Headline: Antis champion rule of law and propose to violate

Constitution http://ow.ly/3z3MU Hypocrites! Antis are the true

law-breakers!

19. Headline: Looking for the best candidate? Carry your help

wanted ad on #Immigration Daily. Find out more details at

http://ow.ly/3yhkC

20. Headline: PERM Book 2d. Ed: Your Book for PERM Rule, Analysis

and Comments, ETA forms, Memos, Roadmaps & Checklists. Get your

copy http://ow.ly/3yhmE

21. Headline: Former undocumented student shows what happens when

DREAMS are realized http://ow.ly/3yKrK

22. Headline: RT @newman_chris: More evidence of link between

SB1070 author & hard core neo-nazis. [video] http://bit.ly/fsbj0v



To submit an Article or a news item to Immigration Daily, write

to mailto:editor@ilw.com. Follow ILW.COM on Twitter:

http://www.twitter.com/ilwcom

_________________________________________________________________

CLASSIFIEDS



1. Help Wanted: Immigration Professionals

Toronto, ON - Immigration law firm

http://www.gt-hrlaw.com

seeks global immigration specialists (lawyers or paralegals with

global file management experience) for Toronto-based global

practice focused exclusively on corporate clients. The

successful candidate will demonstrate complex problem-solving

capabilities,

attention to detail and superior communication skills. S/he must

be comfortable managing a reasonable caseload in a fast-paced and

collegial team. Fluency in multiple languages an asset. Please

submit your resume via email to mailto:careers@gt-hrlaw.com or by

fax to 416-943-0289.



2. Immigration Law Certificate

Classes offered both online and in-person. Master the complex

and ever changing maze of immigration policies and regulations

with the Immigration Law Studies Certificate Program offered by

CUNY's School of Professional Studies. This graduate-level

certificate program, consisting of (3) three-credit classes,

offers students who complete it a comprehensive understanding of

the laws, regulations, and processes surrounding the status of

immigrants in the US, including family and employment-based

immigration and deportation defense. It is designed for

individuals working in law firms, companies, government agencies

and nonprofit organizations where they interact with immigrants

and immigrant legal concerns on a regular basis and would

therefore benefit from greater knowledge of the laws and

regulations surrounding immigration. For more information on

class schedules, tuition and fees, course applications and to

register, see here.

http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP



3. Expert Witness Services

Muslim World Expert Professor Shaul M. Gabbay, Phd, offers expert

testimony in immigration cases from Muslim countries/societies,

including the former USSR. Dr. Gabbay prepared reports and

testified in 250+ Immigration cases nationwide (asylum,

cancellation of removal, asylum interviews, hardship waivers)

with a 93% success rate. Examples of what Immigration lawyers

say: ... "He is a consummate scholar and passionate about his

subject ... He makes a wonderful witness... He is riveting on the

witness stand, helping us win nearly unwinnable cases with

aplomb. He has won the praise of numerous Immigration Judges."

(Svetlana Schreiber, Esq.) ... "He provided the testimony we

needed in numerous asylum cases ... in virtually all of those

cases, but for the expert witness testimony, I doubt the cases

would have been approved, I recommend Professor Gabbay to anyone

with issues involving Islamic society and culture." (Stephen

Berman, Esq.) ... "His testimonies, whether written or oral, are

credible, persuasive, and non-refutable. I have never lost a

single case which had Dr. Gabbay on as an expert witness." (Ally

Bolour, Esq.). Contact Professor Gabbay with any questions. He

can also recomend country experts outside his specialty.

Professor Shaul M. Gabbay, Phd, Korbel School of International

Studies, University of Denver, mailto:sgabbay@du.edu, (303)

871-2560.

http://www.Muslimworldexpert.com



To place a classifieds ad in Immigration Daily, see here

http://www.ilw.com/corporate/advertise_on_ilw.shtm

_________________________________________________________________

ReadersWrite



1. ReadersWrite: Yesterday's Discussion

http://blogs.ilw.com/immigrationdaily/2011/01/05_pass_it_on.html#comments



2. ReadersWrite: Today's Discussion

http://blogs.ilw.com/immigrationdaily/2011/01/06_no_citizenship_for_america_haters.html#comments



To submit an Article for consideration, write to

mailto:editor@ilw.com

_________________________________________________________________

ComingsNGoings



ComingsNGoings: Immigration Event January 6, Washington, DC - The

Center for Strategic and International Studies is pleased to

present "Dealing with the Causes: Mexico's Economic Policy and

Migration." Speakers include Sidney Weintraub, Jeffrey Passel,

Javier Diaz de Leon, Raul Delgado Wise, Tamar Woroby, Antonio

Ortiz-Mena, and Demetrios Papademetriou. For more info, see

http://csis.org/event/dealing-causes-mexicos-economic-policy-and-migration.



Readers can share professional announcements (up to 100-words at

no charge), email: mailto:editor@ilw.com.

_________________________________________________________________

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

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 1999-2010 American Immigration LLC, ILW.COM.

Send correspondence and articles to editor@ilw.com. 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.

_________________________________________________________________

ILW.COM - the leading immigration law publisher

ILW.COM, PO Box 1830, New York, NY 10156

Over 50,000 pages of free information!

http://www.ilw.com/



Immigration Daily - http://www.ilw.com/immigrationdaily/

Archives - http://www.ilw.com/immigrationdaily/archives.shtm

Classifieds -

http://www.ilw.com/corporate/advertise_on_ilw.shtm

RSS feed - http://www.ilw.com/rss.asp

Processing times - http://www.ilw.com/govttimes/index.asp

Immigration forms - http://www.ilw.com/forms/

Discussion board - http://www.ilw.com/discussion/

Find a lawyer - http://www.ilw.com/findlawyer/

Seminars - http://www.ilw.com/seminars/

Immigration Books - http://www.ilw.com/store/

Advertise -

http://www.ilw.com/corporate/advertise.shtm

Resources - http://www.ilw.com/resources/

Blogs - http://blogs.ilw.com/

About ILW.COM - http://www.ilw.com/corporate/about_us.shtm

Link to us - http://www.ilw.com/corporate/linktous.shtm

Search - http://www.ilw.com/search/advanced.asp

_________________________________________________________________

Submit "Jan 6 - No Citizenship For America Haters" to Facebook Submit "Jan 6 - No Citizenship For America Haters" to Twitter Submit "Jan 6 - No Citizenship For America Haters" to Google Submit "Jan 6 - No Citizenship For America Haters" to StumbleUpon Submit "Jan 6 - No Citizenship For America Haters" to Reddit Submit "Jan 6 - No Citizenship For America Haters" to Digg Submit "Jan 6 - No Citizenship For America Haters" to del.icio.us

Tags: None Add / Edit Tags

Comments

  1. Roger Algase's Avatar
    I share ID's sentiments about anti-immigrationists, but the last two sentences of its comment in today's issue are more than slightly over the top. Rather than going down to the antis' level and damaging the image of the pro-immigrant community, wouldn't it make more sense to continue to put more information out about the connection between the anti-immigrant movement and the larger issue of using hate against all minority groups, including immigrants, gays, Muslims and African-Americans, for political reasons?

    To draw an analogy, before the election, many Americans were initially duped by clever propaganda into thinking that the Tea Party was a genuinely populist grassroots movement. Now, with the Tea Party Republicans having taken over one of the Houses of Congress, or at least heavily influencing it, the public is coming to realize very quickly that the corporate interests behind the Tea Party have no concern for average Americans and that their only "principles" are hypocrisy and cynicism, whether about the deficit or any other issue.

    In the same way, the immigrant advocacy community needs to keep hitting away at the hypocrisy of the antis, who are not really interested in law enforcement, providing jobs for Americans, or anything else except fomenting hate.
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: