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Nov 17 - Down Payment On Promises

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

November 17, 2010,1117.shtm


1. Comment: Down Payment On Promises - Politico reports that at a
meeting with the Congressional Hispanic Caucus President Obama
promised to push for the passage of the DREAM Act.
Majority Leader Reid and Speaker Pelosi have already indicated
that they will bring DREAM to the floors of their respective
chambers. The Huffington Post
points out that Latino voters were critical to several Democratic
victories in the recent election, and that Latino voters will be
an even larger factor in the 2012 election. For the past two
years, the Democratic leadership has been able to string along
Latino voters on promises alone without actually coming through
on any immigration benefits at all. The lame duck session is the
last chance Democrats have to demonstrate their sincerity and
credibility on the immigration issue since action in the next
Congress will be stymied by the incoming House Republican
majority. Passing the DREAM Act now will provide a powerful
reason for a key constituency to turn out for the Democrats in
2012 when Mr. Obama and Democrats in Congress will both need all
the allies they can get.
2. Article: Youth Gangs in El Salvador: Unpacking the State
Department 2007 Issue Paper by Thomas Boerman,1117-boerman.shtm

3. Article: Brown Around Town - Another Day, Another Bond Hearing
by Jan H. Brown,1117-brown.shtm

4. Article: The Fight Book:Chapter I - H-1B: Parts D,E,F by Rami
Fakhoury and Mark Levey,1117-fakhoury.shtm

5. News: USCIS Updates H-1B Cap Count,1117-h1b.shtm

6. Focus: THE I-140 BOOK

THE I-140 BOOK features contributions from Brian S. Weiss,
Kristen Quan Hammill, Prakash Khatri, Faye M. Kolly, Sherry Neal,
Howard L. Kushner, and Dorothee B. Mitchell, the book's Editor
and Principal Author is noted practitioner Herbert A. Weiss. The
Table of Contents is as follows:
PART I.                      I-140 INTRODUCTION
Chapter One:                 Author's Introduction
Chapter Two:                 Basic Important Employment-Based
Concepts by Kristen Quan Hammill
PART II.                     I-140 BY HERBERT A. WEISS
Chapter One: Basic Overview of the I-140 EBIV Process
Chapter Two: The Scope of Agency Authority
Chapter Three: The Job Offer Requirement
Chapter Four: The Immigration Act of 1990
Chapter Five: The EB-11 Extraordinary Ability
Chapter Six: The EB-12 Outstanding Professor and Researcher
Chapter Seven: The EB-13 Multinational Manager and Executive
Chapter Eight: The EB-2 Advanced Degree Professional and Person
of Exceptional Merit and Ability
Chapter Nine: The EB-3 Professional, Skilled Worker, And Other
Chapter Ten: The I-140 Form
Chapter Eleven: The Standard of Evidence
Chapter Twelve: Priority Dates
Chapter Thirteen: Filing Multiple Petitions
Chapter Fourteen: Successors in Interest
Chapter Fifteen: Ability of Prospective Employer to Pay Wage
Chapter Sixteen: Portability
Chapter Seventeen: Revocation, Invalidation and The Section
204(c) Bar
Chapter Eighteen: Withdrawals and Appeals/Motions
Chapter Nineteen: A Checklist For Putting Together I-140s (And
Some Do's And Don'ts)
Chapter One:     Step by Step For Schedule A Applications by
Sherry Neal
Chapter Two:     Aliens of Exceptional Ability in the Performing
Arts by Howard L. Kushner
Chapter Three:   Derivative Beneficiaries of Employment Based
Immigrant Petitions and the Child Status Protection Act (CSPA) by
Dorothee Mitchell and Faye M. Kolly
Chapter Four:    The Future of The I-140 (Employment-Based
Immigration) Process by Prakash Khatri

For more info on THE I-140 BOOK and to order, see here.
For the fax order form, see here.

7. Headline: Kris Kobach loses to #undocumented immigrants in
California Supreme Court
8. Headline: Massachusetts Gov. Deval Patrick (D) hopes to use
next four months to pass a number of #immigration reform measures
9. Headline: Already rare, driving privileges for #undocumented
#immigrants may soon disappear
10. Headline: DC: House passes bill to ease #immigration for
military couple
11. Headline: Another Ga. county adds new #immigration measures:
Federal authorities have started sharing biometric information
12. Headline: #Immigrants now fear #deportation: Instead of
citizenship, forced trip to the Immigration and Customs
13. Headline: Virginia #immigration law yields mixed results and
hard feelings
14. Headline: The #DREAM's Alive! Obama, Dems Plan Lame-Duck
#Immigration Vote
15. Headline: PERM Book 2d. Ed: Your Book for PERM Rule, Analysis
and Comments, ETA forms, Memos, Roadmaps & Checklists. Get your
16. Headline: Arizona #immigration law strains US-Latin America
17. Headline: Durham, NC Recognizes Matricula Consular As Valid
ID #immigration
18. Headline: Young immigrants continue on 7th day of hunger
strike asking support from Sen @kaybaileyhutch for the #dreamact
19. Headline: #Immigration gets a face and a voice: Dreamers
erect advocacy billboard in Arizona #dreamact
20. Headline: #Immigration Reform: Rising Controversy Gets Heated
And Reheated

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ComingsNGoings: Immigration Event Washington DC - November 18,
Woodrow Wilson International Center for Scholars is pleased to
present a conference "Assessing the "Secure Communities" Program
and the Impact of 287(g) Agreements" Participants: Maria
Hinojosa, David Venturella, Don Kerwin, Jen Smyers, Daniel
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Adelina Nichols, Leni Gonzalez and Brian Stout. For more info and
to rsvp see:

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  1. Bill Bennett's Avatar
    Passage of the DREAM Act would certainly show that Democrats do have the right position with regards to fair and humane treatment of so many wonderful young men and women who are entirely American except for the place of their birth decades ago. We as a nation have rarely punished young people for the sins of their fathers. May I suggest and equally fantastic opportunity for the Lame Duck Congress? Pass an extension of 245(i) [8 USC Sec. 1255(i)] to April 30, 2012. That will truly stimulate the economy and permit the collection of millions of dollars by DHS, while sending a welcome message to the new GOP House leadership that Democrats have real family values and respect the dignity of hard working immigrants who have been otherwise condemned to unlawful status indefinitely by the GOP architects of IIRAIRA. Finally, the extension of that law will be perfect for reconciliation as it is very much a fiscal provision for collection of fees from the users.
  2. Roger Algase's Avatar
    Even if the DREAM Act survives the inevitable Republican filibuster in the Senate, it will be quickly followed by nightmare legislation in the new Congress. Specifically, this will most likely take the form of a revival of the 2005 House bill, HR 3447 (I hope I have the number right) that would have criminalized the entire immigration system.

    For example, it would have make even the most technical and unintentional immigration violation a felony punishable by up to five years in prison. We can now probably expect even worse from the Republican-controlled House, probably a total moratorium bill.

    In many respects, the 2005 House bill went far beyond Arizona's punitive immigration law. Reviving it would also remove the argument of federal preemption as a defense against Arizona-type laws in that and other states, because the federal statute would be even worse.

    I am not against the DREAM Act, even though I think its chances of passage are close to nil. But the DREAM Act is only a way of dealing with the margins of immigration. It is not a way of facing the real immigration issue, which is whether white (and black) Americans are ready to accept the reality that America is a Latino and Asian country too, not just a white and black one.

    Economically, the US already looks to Asia more than Europe, and it is also looking increasingly to Latin America and Africa. It is way past the time for our immigration policy to begin to follow suit. Of course, this will have an effect on the kind of country we already are, and will become even more like in the future.

    When I was beginning high school 60 years ago, the most important foreign language was French, with Spanish and German not far behind. Classically minded children studied Latin, and even Greek. Now, Spanish is no longer a foreign language. It i9s an American language, along with English. My 4-year old grandson recently apologized for not knowing Spanish, even though neither he nor anyone else on my family has any Latin American ancestry that I know of.

    My grandson won't have to apologize for not knowing Spanish much longer, and his generation will probably be studying Mandarin, instead of French or German, in grade school or high school as a matter of course. That is what the immigration issue really about. Let's wake up and join the 21at Century.
  3. Roger Algase's Avatar
    A couple pf corrections in my last comment: I meant "immigration issue is really about" in the next to the last sentence. Also, the 2005 House bill was HR 4437.

    I am not against studying classic languages in school. I studied (without really learning) both Latin and Greek myself. How wonderful it would have been if there had been a chance to study Sanskrit also.

    Perhaps American school children will be able to do this in our new century, as well as learning modern South Asian (and, of course, other Asian and African) languages. The world is changing very quickly. So is America. Our thinking about immigration needs to change too.
  4. Roger Algase's Avatar
    I also meant to write (about Spanish): "It is an American language, along with English". Sorry for the typos.
  5. John H. Frecker's Avatar

    Those of us who oppose the DREAM Act amnesty generally agree that it would probably be supported by a large majority of Americans if it had been limited to "children" who had been brought here as young children. Instead, the "authors" of the Act want it to extend to illegal alien students up to 35 years old. The criteria to qualify for DREAM Act amnesty are very loose with few requirements that DREAM Act applicants actually complete any course of study. There are several other provisions of the Act that would open it up to massive fraud, with few enforcement provisions.

    As a retired Border Patrol Agent, I was around when President Reagan signed the 1986 amnesty under IRCA. More people than expected applied for the amnesty and the fraud rate was ridiculous. About, what?, 3 million people were granted amnesty with virtually no enforcement. There's no reason to believe that things would be better this time. US CIS and US ICE are woefully under-staffed and under-resourced. There would be great pressure to simply approve the applications for DREAM Act amnesty with little effort to investigate possible fraud, even for obviously frivolous applications.

    If the proponents of the DREAM Act want it to pass, they should rewrite it to do what they claim it does; limit it to children who want to study and provide for some oversight to combat fraud.

    John H. Frecker
    Baileyville, ME

    USBP (ret.)
  6. sergi's Avatar
    I disagree with Mr. Freckers analysis of Dream Act and the reference to the age of 35 is nothing more than a red herring attempting to derail the conversation or create the impression there is something wrong with forgiving and foregoing punishment and creating hardship to people who are here THROUGH NOT FAULT OF THEIR OWN.

    35 or 18 it doesn't change the fact these people were brought here by parents and the older the immigrant is the more likely they have US Citizen connections that would be torn asunder by deportation. I can see no benefit to the country in advocating for splitting up families.

    According to the 2009 version of the senate bill,[11] DREAM Act beneficiaries must:

    * Have proof of having arrived in the United States before age 16.
    * Have proof of residence in the United States for a least five consecutive years since their date of arrival, compliance with Selective Service.
    * Be between the ages of 12 and 35 at the time of bill enactment.
    * Have graduated from an American high school or obtained a GED.
    * Be of "good moral character"[12]
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