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Oct 5 - Fighting Words

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

October 5, 2010,1005.shtm

4 Articles
3 News Items
10 Headlines
Classifieds: Immigrant Tax Services, Case Management Technology

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,1005-kuck.shtm

3. Article: Meg Whitman's Housekeeper Controversy by Pamela

4. Article: The Eleventh Circuit Rules on Impermissible Gay
Stereotypes by Jason Dzubow,1005-dzubow.shtm

5. Article: Deportation Hearing more like a War Crimes Trial by
Matthew Kolken,1005-kolken.shtm

6. News: USCIS Updates H-1B Cap Count,1005-h1bcap.shtm

7. News: USCIS Updates H-2B Cap Count,1005-h2bcap.shtm

8. News: CRS Report On Guantanamo Detention Center:
Legislative Activity In The 111th Congress,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
++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
For more info and to order, please see:
For info/ordering by fax, please see:

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

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1. Immigrant Tax Services
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ComingsNGoings: Immigration Book Neighbor: Christian Encounters
With 'Illegal' Immigration By Ben Daniel, Westminster John Knox
Press, 192 pp., Paperback, ISBN: 0664236510, $13.57,

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