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Oct 5 - Fighting Words

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


October 5, 2010


http://www.ilw.com/immigrationdaily/digest/2010,1005.shtm


Contents:
Comment
4 Articles
3 News Items
Focus
10 Headlines
Classifieds: Immigrant Tax Services, Case Management Technology
ReadersWrite
ComingsNGoings
_________________________________________________________________
ITEMS


1. Comment: Fighting Words - All parts of the Constitution are
NOT equal to all other parts. Some are special, here's why. Let's
begin with the Bill of Rights. The Bill of Rights was the price of
ratification for the constitution. We would argue that regardless
of the text of the Constitution, the normal amendment process
CANNOT apply to the Bill of Rights, since an amendment to the
Bill of Rights negates the very basis of the adoption of the
constitution. Such power is beyond the reach of ordinary
legislatures (even when 3/4ths of the states concur), and that
only a Constitutional Assembly would have the authority to
alter the Bill of Rights. Analogously, we would argue, that the
Reconstruction Amendments are also unalterable, even through a
constitutional amendment, since such an amendment would, in
essence, seek to challenge the result reached in the Civil War.
The Reconstruction Amendments were the price of reaching a lasting
peace between the States, and anyone who tries to disturb the
balance thus achieved risks a reprise of the events of 1861-65.
This has particular relevance to amnesty - and we are not
talking about the undocumented here. In our country's history,
there have been three, and only three amnesties by the Federal
Government. The first two, in 1868 by the President, and in
1872, by Congress, were to pardon Confederates for treason and
armed rebellion against the Union, and to restore their right
to vote and hold federal office. The connection of our argument
to the current efforts by some Republicans to question
the 14th amendment is clear. The plain language of the 14th amendment
gives us a bright line test of who is and who is not a US citizen
at birth - the Jus Soli doctrine. Jus Soli is an ancient common
law principle, older than our Republic. If the circumstances of
the 14th amendment are to be re-examined, we would urge a
re-examination simultaneously of the Amnesties of 1868 and
1872. If some Republicans suggest that the bright-line, time-
honored test of Jus Soli is to be abandoned, then we would urge
a simultaneous abandonment, nay reversal, of the Amnesties of
1868 and 1872. In particular, we would argue for the deportation
from the United States of all the descendants of the beneficiaries
of those Amnesties. We believe that much of the Republican
Party in Congress would then be deportable, not just from power,
but also from the country of their birth. The Civil War resulted
in the deaths of 1 out of 10 fighting-age males in the North,
and 1 out of 4 fighting-age males in the South - it was
unquestionably the greatest catastrophe our Nation has
ever suffered. Those Republicans who are contemplating a
discussion questioning the 14th amendment should pause before
lightly embarking on a venture that may, if history is our guide,
risk bloodshed. The Reconstruction amendments cemented the
cessation of hostilities between the North and the South,
much blood, Northern and Southern, supports the hard-earned meaning
of the Reconstruction amendments. Reopening that discussion might
portend reopening Civil War wounds. We urge patriotic
Republicans, and indeed patriotic Americans of all political
stripes, to impress upon the mis-guided Republicans these two
facts: (1) the meaning of the 14th amendment is in its plain
language which could not be plainer, and (2) the proceedings on
which the 14th amendment is based were terminated at
Appomattox Court House on April 9, 1865. Unless some Republicans
want to be extra-ordinarily foolish at extra-ordinary risk to
the country, they should refrain from fighting words.


2. Article: Senator Hatch Offers Another Non-Solution to the
Immigration Mess by Charles H. Kuck
http://www.ilw.com/articles/2010,1005-kuck.shtm


3. Article: Meg Whitman's Housekeeper Controversy by Pamela
Hartman
http://www.ilw.com/articles/2010,1005-hartman.shtm


4. Article: The Eleventh Circuit Rules on Impermissible Gay
Stereotypes by Jason Dzubow
http://www.ilw.com/articles/2010,1005-dzubow.shtm


5. Article: Deportation Hearing more like a War Crimes Trial by
Matthew Kolken
http://www.ilw.com/articles/2010,1005-kolken.shtm


6. News: USCIS Updates H-1B Cap Count
http://www.ilw.com/immigrationdaily/news/2010,1005-h1bcap.shtm


7. News: USCIS Updates H-2B Cap Count
http://www.ilw.com/immigrationdaily/news/2010,1005-h2bcap.shtm


8. News: CRS Report On Guantanamo Detention Center:
Legislative Activity In The 111th Congress
http://www.ilw.com/immigrationdaily/news/2010,1005-crs.pdf


9. 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.
Services
++Appendix includes Treaties/Agreements and Sample Letters
++CD-ROM includes 50+ IRS Forms, 16 IRS Publications, useful web
links
For more info and to order, please see:
http://www.ilw.com/books/taxbook.shtm.
For info/ordering by fax, please see:
http://www.ilw.com/books/Taxbook.pdf.


10. Headline: A Christian Reframing of Whitman's Immigration
Hypocrisy: "all of us enjoy their labor" http://ow.ly/2OUf7
11. Headline: RT @passportsfast Passports, please - Texas
Immigration Lawyer Blog http://bit.ly/bEQMa7
12. Headline: A not-so-funny message to Congress
http://ow.ly/2OUlT
13. Headline: USCIS continues CNMI (the Commonwealth of Northern
Mariana Islands) form I-9 Webinars to help employers
http://ow.ly/2OUa9
14. Headline: Whitman vs. the DREAM Act http://ow.ly/2OU6A
15. Headline: U.S. policy fails to meet needs of immigrants,
Americans http://ow.ly/2OU3R
16. Headline: Disillusioned Hispanics May Skip Midterms, Poll
Suggests. Dems not getting the protest they had hoped for
http://ow.ly/2OTWu
17. Headline: CLE Seminar on October 7: Foreign National and
Employment Law. Sign up now at http://ow.ly/2Mui1
18. Headline: The Immigration Compliance Book: Understand I-9
concepts, I-9 advanced topics and E-Verify. Get your copy today
at http://ow.ly/2MnrI
19. Headline: India Shuts Out Foreign Law Firms
http://ow.ly/2OjpG


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. Immigrant Tax Services
Are you worried that your clients' tax returns might hurt their
adjustment, cancellation or consular processing case? Did you
know that clients making less than $46,000 qualify to obtain
retroactive refunds after they obtain Social Security Numbers via
any immigration process? Did you know that taxpayers can claim an
exemption for dependents residing in Mexico or Canada? Sam Rock,
principal of the Rock Law Group, specializes in taxes for
immigrants. He is an immigration lawyer, national speaker and has
published several AILA articles on the intersection of
immigration and income tax law. Contributor to tax section,
Kurzban's Immigration Law Sourcebook, 2010-11. With 10 years
experience preparing tax returns for immigrants, we can help you
understand your client's eligibility to file as head of household
and make dependent claims. Get your legal fees paid from your
clients' unclaimed tax refunds. Rush service in 48 hours.
Educating Haitian nationals
http://www.haitiantaxrefund.com
about retroactive tax credits available to Haitian recipients of
TPS. Services: original 1040s, amended returns, expert letters,
testimony, resolution of IRS tax debt, audits/exam from all
states and U.S. taxpayers living abroad. Competitive fees. Get
tax knowledge on your side. Contact: mailto:sam@rocklawgroup.com,
866-243-8178,
http://www.rocklawgroup.com
This is an advertisement by an attorney.


2. Case Management TechnologyUse technology to leverage your
immigration practice with INSZoom's powerful immigration case
management products, which include 800+ forms updated within 24
hours of release with no patches or required downloads. This
online tool - accessible from anywhere and anytime - provides e-
filing of 20+ essential forms and gives you access to client
relationship management and practice management tools, group
calendaring, emails, notes, reports, billing and invoicing
modules, automatic email alerts and reminders, document storage
and assembly, and many other immigration management tools. The
online library of customizable questionnaires, letters & email
templates, ability for clients to check case status online.
Compliancy modules: I9, LCA, AR 11, PERM, optional services:
credit card processing, Outlook & QuickBooks integration. An ISO
27001:2005 and 9001:2008 certified company, INSZoom has been
providing leading edge technology solutions for all sizes, from
solo practitioners to large immigration law firms worldwide,
corporations, universities and non-profit organizations since
1999. The world's largest immigration software company, INSZoom
delivers robust and flexible solutions customized to your
practice's needs. Schedule a complimentary online demonstration
by calling (925) 244-0600 or emailing mailto:info@INSZoom.com.
Learn more about why INSZoom has a 99% customer retention rate at
http://www.INSZoom.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/2010/10/04_september_top_links.html#comments


2. ReadersWrite: Today's Discussion
http://blogs.ilw.com/immigrationdaily/2010/10/05_fighting_words.html#comments


To submit an Article for consideration, write to
mailto:editor@ilw.com
_________________________________________________________________
ComingsNGoings


ComingsNGoings: Immigration Book Neighbor: Christian Encounters
With 'Illegal' Immigration By Ben Daniel, Westminster John Knox
Press, 192 pp., Paperback, ISBN: 0664236510, $13.57,
http://www.amazon.com/exec/obidos/ASIN/0664236510/


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


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