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Apr 08 - Streamlined ID

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

April 8, 2010,0408.shtm

1.  Comment: Streamlined ID
2.  Focus: Immigration Practice By Robert C. Divine
3.  Articles:
    (a) Article: Bloggings On Nurse And Allied Health Immigration
    by Christopher T. Musillo
    (b) Article: Profiling: Sketching The Face Of Jihadism by
    Scott Stewart
4.  News:
    (a) News: USCIS Issues QAs On Extension F-1 Status Under H-1B
    Cap-Gap Regulations
    (b) News: CRS Issues Updated Report On J-1 Visa Waiver
5.  Classifieds:
    (a) Forensic Psychology Services
    (b) BIA Delivery Service
6.  Tweets:
    7 Tweets Today
7.  ComingsNGoings:
    (a) ComingsNGoings: Immigration Event - Washington, DC
8.  Letters From:
    ReadersWrite: Today's Discussion,0408.shtm

Books On Immigration Law:
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Comment: Streamlined ID

Immigration Daily is pleased to announce a streamlined version of
Immigration Daily. Each issue will feature only headlines along
with the corresponding links. Full news items and articles will
continue to be available on the ILW.COM website as usual, the
emailed version however will appear shorter. We hope this
shortened version will make Immigration Daily even easier to
scroll through and will enable us to provide our readers with
even more content over time. More exciting changes are coming
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Focus: Immigration Practice By Robert C. Divine

Immigration Practice by Robert C. Divine & R. Blake Chisam is an
invaluable supplement to Kurzban's with a different approach. It
is also useful to newer practitioners and paralegals in view of
its easy to understand and practical style. For more info,
see here.
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(a) Article: Bloggings On Nurse And Allied Health Immigration

Christopher T. Musillo,0408-musillo.shtm

(b) Article: Profiling: Sketching The Face Of Jihadism

Scott Stewart,0408-stewart.shtm

To submit an Article to Immigration Daily, write to
4.  NEWS

(a) News: USCIS Issues QAs On Extension F-1 Status Under H-1B
Cap-Gap Regulations,0408-f1.shtm

(b) News: CRS Issues Updated Report On J-1 Visa Waiver Program,0408-crs.pdf

To submit a news item to Immigration Daily, write to

(a) Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160.
The Forensic Psychology Group provides nationwide expert witness
services in all areas of immigration law. It is led by Stephen
Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
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experts - all licensed psychologists or psychiatrists - have
extensive experience in working collaboratively with immigration
lawyers on a wide range of forensic psychological issues. We
offer nationwide service in the following areas: psychological
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Visit The Forensic Psychology Group.
The right experts make a real difference.

(b) BIA Delivery Service
Have you missed the deadline for overnight delivery to the Board
of Immigration Appeals? We offer same day service to the BIA. We
are conveniently located only a block away. Fax us your Notice to
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(a)  Tweet: Whole ACT-INA, 20/22/28 CFR and Citations: the most
respected reference #immigration materials by PJ Patel available

(b)  Tweet:Sen. Durbin says #immigration reform is coming, after
unemployment drops & econ. improves. Hint: #CIR will HELP

(c) Tweet: A Latino archbishop to become Cardinal Mahony's
successor. Plans to be an advocate 4 the poor, unborn child, &

(d) Tweet: At Last Allowed, Muslim Scholar Visits: it took a
federal appeals court decision & an order from the Secretary of

(e) Tweet: RT @DavidLeopold: The Audacity To Hope For
#Immigration Reform

(f) Tweet: Sen. Reid tells voters: 'I need your help'- Once the
golden boy, he is now the incumbent underdog
#election #immigration

(g) Tweet: Removal Book: Learn abt removal proceedings, relief
from removal, appeals & much more. For table of contents & get

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7.  ComingsNGoings

(a) ComingsNGoings: Immigration Event - Washington, DC
April 9 - The Georgetown Immigration Law Journal is hosting a
symposium focusing on the International Migrants Bill of Rights.
The revised bill will be discussed and workshopped at Georgetown
Law ; for more info and to RSVP, please see

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  1. Roger Algase, Attorney at Law's Avatar
    The comment by Tamar Jacoby reported in April 7 ID is typical of the superficial viewpoint that the future of CIR depends on political tactics. In this case, the argument goes, pushing through health reform may have created a backlash against new administration initiatives such as CIR, etc. But the opposition to CIR is much deeper than this.

    Throughout the Bush years, immigrants were stigmatized as "terrorists". Under Obama, they are stigmatized as taking jobs away from US citizens. Many voters in both parties stigmatize immigrants as lawbreakers, including legal immigrants who may spend a large part of their productive lives (and money) in trying to comply with a system that is constantly moving the goalposts for obtaining legal status.

    It would probably not be an exaggeration to say, for example, that most American voters mistakenly think that the US born children of illegal immigrants are also illegal. Many Americans who are sophisticated enough to realize that these children are US citizens would like to change the Constitution to take away their citizenship.

    Some anti-immigrant advocates would even like to take birthright citizenship away from the children of legal immigrants. It is hard to see how people with these opinions can defend themselves against the charge of racism. It is also curious that people who are so anxious to enforce every period and comma of the laws against immigrants suddenly become so complacent and relaxed about enforcing the laws relating to, say, torture or mine safety.

    In a larger sense, however, Ms. Jacoby is correct in linking health reform with immigration. Both issues have been poisoned by the most outrageous lies and hate campaigns, whether it be the "death panel" canard against health care reform or the "Aztlan" smear against Mexican immigrants.

    Sometime these falsehoods, such as the one that foreign professional workers are stealing American jobs, actually find their way to becoming official policy. The January 2010 Neufeld memo effectively barring employment agencies from using the H-1B system, even though they are clearly allowed to do so by law, is a case in point.

    There will be no CIR, or any kind of immigration reform, as long as the Obama administration and even its most bitter opponents are united in making immigrants scapegoats for all of America's problems.
  2. Honza Prchal's Avatar
    I agree with Mr. Algase that there will be no CIR. The Obama Administration abandoned a whole host of more easily doable goals (including appointing judges) in order to focus with laser-like intensity on a wildly unpopular health care reform.
    As for "death panel" being a canard, The New York Times, on the day before yesterday, published "How Can We Learn To Say No", by David Leonhardt, their "Economic Scene" columnist. Now, Leonhardt doesn't want to use the term "death panels", but he does want to ration life-saving care since highlighting side effects and risks clearly will not be enough to contain costs even without new technology coming on line.
    I like CIR, but I do not like amnesties either, and there are actual progressives blathering on about their racist dystopia of Aztlan too. Citing them is no more counter-factual or unfair than claiming people like the Michigan militia types arrested recently are right wing (though that particular group was lead by a Democrat).
  3. Roger Algase, Attorney at Law's Avatar
    Jay McTyler, Esq., asks in his letter (April 7 ID) why Padilla, whose right to competent advice about the deportation consequences of a guilty plea in a criminal proceeding was upheld by the Supreme Court, never became a US citizen during more than 30 years as a US lawful permanent resident. Mr. McTyler points out that if Padilla had naturalized, the draconian law requiring mandatory deportation for minor crimes would never have applied to him.

    With all due respect to Mr. McTyler's comment, I fail to see the relevance of his point. There is no law requiring US lawful permanent residents to become US citizens at any time. Many lawful permanent residents have perfectly valid reasons for not wanting to naturalize, such as losing their citizenship in their own country of origin, to which they might wish to move back to one day for family or economic reasons (while giving up their permanent resident status in the US). For example, many lawful permanent residents from Japan, to name just one country that does not recognize dual citizenship, do not choose to become US citizens even after many years of LPR atatus in the US.

    Just because, for one perfectly lawful reason or another, someone living here legally does not wish to became a US citizen, is that an excuse for subjecting the person to the harsh penalty of lifetime mandatory deportation for offenses that, according to some newspaper reports, may be as trivial as stealing a pen or a tube of toothpaste?

    Some xenophobes who want to eliminate any trace of foreign "culture" (or darker skin color) in this country like to rant on about the dangers of "divided loyalties" among legal immigrants, especially from Latin America and Asia. To those nativists among us who cannot tolerate a Mexican flag or an Asian food fair, I extend my sincere wishes for a Happy Columbus Day, Happy Israel Independence Day, Happy Oktoberfest and, last but not least, Happy St. Patrick's day. Erin Go Bragh!
  4. Barbara Landrith 's Avatar
    Health care reform, economic stimulus, financial regulation, unemployment. With so many issues on the front burner in Washington, it's easy to lose sight of immigration reform. But whether lawmakers are paying attention or not, the immigration system remains broken - and the unwelcome consequences affect everyone in California.

    Consequence Number One: California is home to an estimated 2.7 million unauthorized immigrants, according to a recent study by the Pew Hispanic Center. That's more than the population of Nevada. Many of them are working and contributing to the economy, but the fact that they are unauthorized makes a mockery of the law.

    Consequence Number Two: a bourgeoning network of illegal cottage industries that cater to these unauthorized workers, with ugly outcomes. For example, according to the Associated Press, two men were killed in a Southern California home in March. They were smuggling illegal immigrants and got into a fight over profits from their human cargo.

    Consequence Number Three: the impact on the California economy - including potential obstacles to economic recovery.

    Here is an example of what some employers are saying, despite the economic downturn. Shari Collins, a business owner in Moorpark, California, says that it's all but impossible to get enough labor for her landscape business. "Even with the unemployment numbers we're seeing today, the truth is we still can't find landscape construction or maintenance workers. My goal is to always employ Americans first, but without legal immigrants, my business simply can't survive during the busy summer season."

    These and other unfortunate consequences point to a system that just doesn't work - for anyone in our state. It's a system created for a different time, and one that must be modernized.

    That's why ImmigrationWorks USA, a broad array of business leaders throughout the nation, including California, is standing up in support of comprehensive immigration reform. The coalition represents virtually every economic sector in the nation - white-collar, blue-collar and "green-collar." But whether it's outdoors in the fields or in the clean rooms of Silicon Valley, the challenge is the same. We all have a stake in fixing the immigration system because it's holding back the state economy.

    Many people assume that low-skilled immigrants take jobs from American workers. But actually the opposite is true.

    If anything, many immigrant workers create jobs for Americans. Because immigrants are generally different from U.S. workers - sometimes less educated, sometimes more, often more willing to travel long distances for a short-term or seasonal job - the work they do generally complements and sustains employment for the native born.

    According to testimony by Microsoft's Bill Gates before the U.S. House of Representatives Committee on Science and Technology in March of 2008, every visa for a high-skilled immigrant is linked to creation of five additional jobs in the U.S. Also, according to agricultural economists, every farm job, many of which are filled by foreign born workers, supports 3.5 non-farm jobs, which are typically filled by U.S. citizens. In other words, immigration is a job multiplier - the kind of job multiplier we desperately need to grow the economy and climb out of the recession.

    What kind of immigration reform does California need from Washington? We endorse secure borders, more realistic immigration quotas and protection for employers who are trying to meet the demands of the law.

    We also support better, smarter workplace enforcement. Employers want to be on the right side of the law. And we need Congress to create an accurate, reliable electronic system to verify that all of our employees are authorized to work. That's the only way to combat identity theft so that citizens and employers alike are protected from fraud.

    Does that mean we endorse sanctions against employers? You bet. We support aggressive sanctions against businesses that deliberately flout the law - and will support them against those who continue to use unauthorized workers once more realistic immigration quotas are in place.

    Bottom line: Congress must create a way for the foreign workers we need to keep California businesses open and growing to enter the country legally.

    Our state's vast unauthorized workforce, the smuggling networks and forgery mills, the employers struggling to keep their businesses open and worrying about how to grow them as the economy picks up - the status quo is unacceptable.

    In California, business leaders are standing up to demand change. We hope our leaders in Washington are listening, and we ask all Californians to let their members of Congress know that now is the time to fix this broken system. Let's make California great again!

    Judy Ashley, Independent Maintenance Contractors Association
    Larry Rohlfes, California Landscape Contractors Association
    Chairs, ImmigrationWorks California
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