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Dec 14 - Wither DREAM

Rating: 2 votes, 5.00 average.

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

December 14, 2010,1214.shtm


1. Comment: Wither DREAM - There are three reasons for the bar to

support DREAM: (1) it will pave the way for employment-based

immigration bills in the next Congress, since Democratic votes

will be necessary on both the House and Senate floors to pass

these bills, this Democratic support may not materialize if DREAM

dies; (2) a not-insignificant fraction of DREAM beneficiaries

will need legal counsel, one of the few bright spots on the

horizon for law firms suffering from the Great Recession; and (3)

it is a matter of doing justice to half a million innocent young


The DREAM Act is now just one roll-call vote away from passage in

the 111th Congress.

However, Congress remains deadlocked, and the time for action is

fast-dwindling. DADT repeal, START, and judicial nominations all

wait in the wings for very limited Senate floor time. While

Majority Leader Reid has promised a vote on DREAM before the

111th adjourns, and we believe him, there is no sure path to

passage visible at this time, and indeed prospects to secure the

last 5 votes to invoke cloture are dim.

If DREAM passage is to be ensured, the sure-fire method is to

attach it to a must-pass bill. Two such bills are currently in

play and DREAM could conceivably be attached to either. The bills

are of course, the tax cut bill and the Continuing Resolution for

Appropriations for FY 2011. Such attachment, while it would

guarantee success for DREAM, is a long-shot, since the politics

of both the tax bill and the CR bill are complicated enough

already. However, even serious discussion about attaching DREAM

to the must-pass bills would go a long way to getting the 60

votes on the stand-alone bill.

We believe that this long-odds measure should at least be given a

try since the possibility to secure significant immigration

benefits has never been higher in the post-9/11 world. Killing

the benefits bogeyman by enacting DREAM is a worthy goal, we urge

our readers to take to their social media accounts and make their

views known.

2. Article: Stop the Deportation of 50-Year Permanent Resident

Mike Burrows by Matthew Kolken,1214-kolken.shtm

3. Article: The Next Goal--Eviscerating The 14th Amendment by

Charles Kuck,1214-kuck.shtm

4. Article: Siskind's Immigration Bulletin - 12/13/2010 by Greg


5. News: CRS Report On Noncitizen Eligibility For Major Federal

Public Assistance Programs: Legal Concepts,1214-crs.pdf

6. Focus: The Nurse Immigration Book

The table of contents of this definitive work edited by Joseph

Curran and Daniel Berger is as follows:

I. FOREWORD: Why A Nurse Immigration Book? By William Stock


H-1 Visas For Nurses By Greg Siskind and Esther Fridman;

TN Status For Nurses By Christopher Wendt;

Practice Pointers for Presenting TN Applications By Leslie


An Outline Of A Typical Nurse Case, Including Consular Processing

By Joseph Curran;

Adjustment Of Status For Professional Nurses By Sylvia Boecker;

Building International Bridges By Commission On Graduates Of

Foreign Nursing Schools (CGFNS International);

Tips For Staffing Companies In Planning Their Posting Strategies

By Ronald Nair;

Licensure: US State Licenses For International Nurses By Patrick


Immigration Basics For Allied Professional Healthcare Workers By

Christopher Musillo;

Managing Or Achieving Expectations: The Key To Success By Michael



Global Issues In Nurse Recruitment By Joseph Curran;

The Nurse Shortage: Why It Matters By Carl Shusterman;

Deadly Consequences: The Hidden Impact Of America?s Nursing

Shortage By Stuart Anderson;

Aiding And Abetting - Nursing Crises At Home And Abroad By

Sreekanth Chagaturu and Snigdha Vallabhaneni;

US Visa Policy Competition For International Scholars, Scientists

And Skilled Workers By Phyllis Farrell Norman;

Better Late Than Never: Workforce Supply Implications Of Later

Entry Into Nursing By David Auerbach, Peter Buerhaus and Douglas



The Business Of Nurse Immigration By Mireille Kingma;

Recruitment Of Workers In The Philippines: Playing Ball With The

POEA By Ronald Nair;

Successful International Nurse Recruiting By C. Philip Slaton;

Nurse Assimilation By Yvette Mooney;

Hospitals' Responses To Nurse Staffing Shortages By Jessica May,

Gloria Bazzoli and Anneliese Gerland;

Nurse Perspectives Of The Migration Experience By Mariah


V. AFTERWORD: Musings After 2 Decades In Nurse Immigration By

James David Acoba

VI. ESSENTIAL REFERENCE MATERIAL: Includes relevant sections of

INA, CFR, OI, AFM, FAM and critical USCIS & DoL Memoranda.

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For the fax order form, see here.


8. Headline: Could the DREAM Act Help Fill Technical Skills


9. Headline: Why The DREAM Act Is So Important

10. Headline: War vets refuse to let dreamers serve dream act

11. Headline: WSSU Professors Asked Faculty to Support DREAM Act

12. Headline: DREAM Act immigration bill waits for senate vote

13. Headline: Stop Selvin Arevalo's Deportation in 4 Days! sign

the petition

14. Headline: NHLA announces Senate's most wanted on Dream Act

15. Headline: Leave positive comments! "Dream Act leaders will

soon lead impt orgs, be professors, doctors & leaders in

Congress" (vid)

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18. Headline: RT @studentactivism Why it'll be easier to get the

60th vote for #DREAMact than votes 57-59.

19. Headline: RT @votolatino How to Add Hundreds of Thousands of

New Scientists, Engineers & Technicians to Our Workforce DREAM


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  1. Roger Algase's Avatar
    ID supports the DREAM Act, not only because it would benefit innocent and deserving students, but because it would, in ID's opinion, lead to more pro-immigrant bills being introduced in the future. This is the heart of the problem, and the reason that the DREAM Act is in so much trouble.

    The main Republican argument against the DREAM Act is not so much on the merits of the bill itself, but on the theory that it would be the first move toward opening America's doors at a time when much of the American public, swayed by anti-Latino racism and bogus economic arguments, wants to shut them even further. Therefore, by arguing that the DREAM Act is just the beginning of more to come, its supporters are playing into the hands of its opponents.

    It would have been much better strategy to present the DREAM Act as a one-off, sui generis, proposal, limited to benefiting the students who are its subject. At least we should be thankful that the DREAM Act is not getting involved in a typical Obama-type "compromise".

    If the president were to handle immigration policy the way he is doing on taxes, we might see some kind of deal with the Republicans according to which DREAM gets passed and AC21, or perhaps the entire H-1B and L-1 laws, are repealed.

    With this president, maybe "compromise" on any immigration issue would be the last thing the pro- immigrant community needs.
  2. Roger Algase's Avatar
    I would also like to make a comment about Charles Kuck's excellent and timely article about Republican attempts to eviscerate the "birthright citizenship" (which I, for one, regard as a proud, not disparaging term, but this is just a minor quibble) provision contained in the 14th Amendment. This would effectively put an end to America as we know it. If birthright citizenship can be nullified, what else in our democracy is safe?

    Unfortunately, as Charles Kuck points out, and as I have also mentioned in a previous article and several previous comments, birthright citizenship, which is the very foundation of America, is the creation, not so much of the 14th Amendment itself, since its key term "subject to the jurisdiction thereof" can mean almost anything, but of the 1898 US v. Wong Kim Ark Supreme Court decision interpreting that phrase.

    Normally, it would be safe to assume that a decision which has been in force for 112 years is safe from being "revisited". But the reactionary majority on the current Supreme Court has already shown its willingness, if not eagerness, to "revisit" any and every precedent that does not fit in with its radical right wing ideology. Why should we assume that Wong Kim Ark is safe?

    If this case is re-examined by today's Supreme Court, and there are many different ways that this could come about - for example, a state such as Arizona could simply decide to deny a driver's license to an American born-child of an illegal immigrant, setting off a Constitutional challenge - then birthright citizenship would depend on defending the majority decision in the Wong Kim Ark case.

    However, as i have pointed out before, both the majority and minority opinions in that case go back in the mists of time to interpreting ancient common law or civil law doctrines that have about as much relevance to America's current immigration situation as a recipe for cooking tacos does to Shakespeare's plays.

    Once a legal historian such as Justice Scalia is given the opportunity to put his own gloss on this ancient legal history, as was done with the 2nd Amendment, he and his right wing colleagues can, and may be expected to, give it almost any interpretation they like.

    As I intend to show in a forthcoming article, Wong Kim Ark, even though it is a long standing precedent, may not be as safe from being misinterpreted, distorted, or even overruled as we would all like to think.
  3. Don Miller's Avatar
    Algase's comment makes me laugh! The DREAM Act is for the benefit of students??? Yeah, right! The very lead article Algase refers to clearly states that the real "benefits" of the Act will go to the bottom-feeder immigrant lawyers! How much more clarity in intention can anyone ask for?
    As for the re-interpretation of the 14th....if this is such a crucial element in the very existence of the nation, how is it that most other countries in the world manage to survive just fine without it? Any objective reading of the history of the country generally and specifically the origin of the 14th Amendment clearly shows that the intention was to grant citizenship to newly freed Negroes. No one at the time envisioned, or would have tolerated, granting blanket unquestioned citizenship to half the population of Mexico which had entered the country specifically for that purpose.
  4. Roger Algase's Avatar
    At the time of the 14th Amendment, America had fought a war with Mexico only a few decades before, and there was still more than enough hatred against Mexicans to go around. Don Miller's comment, as well as his use of the term "Negroes", which is no longer accepted by most African-Americans, shows that bigotry against all brown or black people, which the 14th Amendment was meant to put an end to, is still very much alive and well today, almost 150 years later.

    Incidentally, the Wong Kim Ark decision, which came out of a dispute involving one of the most racist laws in all of American history, namely the Chinese Exclusion Act, illustrates how much racial considerations were at issue in that case. Read the dissent in that case. Then re-read Don Miller's comment to see how much popular attitudes about race have changed over the last century. The conclusion is: not very much.

    Having said that, I have to agree with Mr. Miller on one point. ID's comment did not exactly do a great service to the students involved by giving a misleading impression that creating more business for immigration lawyers is a good reason for passing the DREAM Act. I respectively suggest that ID should think a little more carefully before giving gratuitous aid and comfort to immigration opponents, especially when there is so much at stake.

    This kind of comment only gives ammunition to opponents of the DREAM Act and of the 14th Amendment in their quest to find any excuse they can for deporting every single Latino or other minority person in this country, even if this means sending innocent students to countries they were born in but have no connection with, or depriving American children of their birthright citizenship.
  5. Roger Algase's Avatar
    Correction: I meant to write: "I respectfully suggest", not "respectively".
  6. Jim Roberts's Avatar
    Regarding yesterday's "Comment: Wither DREAM - There are three reasons
    for the bar to support DREAM", the first two are plainly self serving
    and ignores citizen's concerns. The third implies that "justice" will
    be done by passing DREAM. Rather the opposite is true if one again
    considers the effect upon citizens. It just depends where your
    compassion and concerns lies --- with America or with the narrow
    concerns of special interests and non citizens as the following articles

    more fully describe:

    Frosty Wooldridge -- How Bad Will Harry Reid's Dream Act Hit You?

    Subject: DREAM ACT FOLLY & COST!
    Frosty Wooldridge -- The Enormous Folly and Cost of the Dream Act

    High Tide Of Amnesty? --- Democrat Says DREAM Not Quite Dead--But
    Moratorium Next!

    Frosty Wooldridge -- Setting the stage for America's degraded future

    Subject: GLOBALISM ReVisited !
    Debra Rae -- Globalism Revisited, Part 3
  7. Jim Roberts's Avatar
    Regarding yesterday's "Comment: Wither DREAM - There are three reasons
    for the bar to support DREAM", the first two are plainly self serving
    and ignores citizen's concerns. The third implies that "justice" will
    be done by passing DREAM. Rather the opposite is true if one again
    considers the effect upon citizens. It just depends where your
    compassion and concerns lies --- with America or with the narrow
    concerns of special interests and non citizens as the following articles

    more fully describe:

    Frosty Wooldridge -- How Bad Will Harry Reid's Dream Act Hit You?

    Subject: DREAM ACT FOLLY & COST!
    Frosty Wooldridge -- The Enormous Folly and Cost of the Dream Act

    High Tide Of Amnesty? --- Democrat Says DREAM Not Quite Dead--But
    Moratorium Next!

    Frosty Wooldridge -- Setting the stage for America's degraded future

    Subject: GLOBALISM ReVisited !
    Debra Rae -- Globalism Revisited, Part 3

  8. Don Miller's Avatar
    Roger Algase's comment of 15 December re. my own entry plays with words. I am alive in the US and know perfectly well what terminology is acceptable, at least for now, to black Americans. I was referring to the intent of the 14th Amendment AT THE TIME IT WAS WRITTEN, not in any contemporary sense.
    I would further suggest that we get off using the terms "hispanic" and "latino" in discussing this issue. Those are obfuscations meant to disguise the fact that the issue is virtually solely about Mexicans, and it should be so described. The three main groups of Latin-Americans residing in this country are Cubans, Puertoricans, and Mexicans, with the latter vastly outnumbering the others. Puertorioans, as American citizens in every sense, have no dog in this fight and cannot be concerned about whether or not illiterate Mexican peasants are allowed free access to the US. Cubans, while they have immigration issues, their problems are almost entirely caused by Cuba, not by the United States, and I also doubt their deep concern for the "plight" of Mexicans. No, this entire issue concerns Mexicans and no other group of any significant size. There is not the slightest concern expressed in this blog, ever, for the immigration woes of, say, Danes, or Uzbeks, or Chadians. Just Mexicans, and it should be apparent to all that the American people, as expressed in countless polls and surveys, are in large percentages opposed to their "leaders" on this issue.
    Generally speaking, Americans do not want an unlimited flow of Mexicans into the country, they do want the border closed and they do want stringent limits placed on those here illegally. The continued agitation of Mexican agents within this country, especially the threats recently issued by a congressman (of all people) only further harden the resentment of Americans and reinforce their determination to not allow American domestic policies be dictated by a group of foreigners in the country illegally.
  9. Don Miller's Avatar
    Having said the above (lost power due to storm), I do agree that some flexibility needs to be shown in regard to those individuals who have proven their good intentions and qualifications for citizenship. Certainly honorable service in the Armed Forces would qualify, but mere attendance at, say, a beauty college, would not. Attendance in good standing at a four-year institution, and certainly graduation from such, certainly should qualify. The issue, though, should be handled on an individual, case-by-case basis, not with some blanket "Act", which,as with anything else involving Mexican immigration, will be totally corrupted as soon as the ink is dry. Let each case be examined and residence/citizenship be awarded based solely on the qualifications of the applicant, not on some broad-brush act. In fact, I would even support a similar process in the case of the many decent and hard-working immigrants from anywhere, based on their length of residence, their police record, their English ability (a "must"), and their economic stability here in the country.
    I strongly oppose, however, any programs aimed specifically at Mexicans or programs brought about as a result of threats by Mexican street agitators, Congressmen or not, and threats that this or that party will lose an election because it doesn't play kissy-face with the collective Mexican butt!
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