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Feb 5 - Creative Solution

Rating: 9 votes, 5.00 average.

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

February 5, 2010,0205.shtm

1.  Comment: Creative Solution
2.  Focus: The Immigration Compliance Book
3.  Articles:
    (a) Bloggings on Deportation And Removal by Matthew Kolken
    (b) Bloggings On Dysfunctional Government by Angelo A.
4.  News:
    (a) NJ AILA Chapter Meeting Notes With CBP Officials
    (b) ORR Letter On Cuban And Haiti Entrants
    (c) 10th Circuit On Preemption
5.  Classifieds:
    (a) Help Wanted - Immigration Attorney
    (b) Help Wanted - Immigration Paralegals
    (c) I-9 And E-Verify Compliance Technology
    (d) Immigration Law Certificate
6.  Headlines:
    (a) 3 Tweets Today
7.  ComingsNGoings:
    (a) Immigration Event - Chatham, MA
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) Jay McTyier, Esq.
    (c) M. Jacobs
    (d) Jim Roberts
    (e) John H. Frecker,0205.shtm

Books On Immigration Law:
Immigration Law Seminars:

Creative Solution

The ABA Journal reports "A sweeping report released this morning
by the ABA Commission on Immigration proposes the creation of an
independent structure for hearing cases involving immigrants
facing removal from the US to replace the system that currently
operates out of the Justice Department." For the full news story,
see here.

We welcome readers to share their opinion and ideas with us by
writing to

The Immigration Compliance Book

The Immigration Compliance Book, Editors Angelo A. Paparelli, L.
Batya Schwartz Ehrens, and Dan Siciliano features the following:
++Sections: Understanding I-9 Concepts, I-9 Advanced Topics,
Employer E-Verify Considerations, E-Verify Advanced Topics, DHS
Enforcement Through ICE Raids and Audits, Specialty Topics
++Sample Proposed I-9 Policy and Procedures, Sample Form I-9
Verification Procedures - Guideline for Employers, Sample
Checklist for I-9 Audit and Correction Guidelines
++Critical Resource Materials: Selected Statutory Provisions,
USCIS Memos, Executive Orders, USCIS Publications on I-9s and E-
Verify, USCIS Press Releases/Q&As/FAQs, etc
++Resource Materials on CD-ROM: 100+ Relevant Cases from OCAHO,
BIA, Federal District and Circuit Courts, Important Statutes,
Regulations, Forms, Weblinks, etc.
++750+ pages, 850+ footnotes
++33 authors: Adam Ketcher, Angelo A. Paparelli, Bonnie K.
Gibson, Cynthia Lange, Cyrus D. Mehta, Dan Siciliano, Douglas D.
Hauer, Francis E. Chin, Greg Wald, Jason Burritt, Jay Jorgensen,
John Fay, Johanna Marmon, Julie Pearl, Justin A. Rymer, Kevin
Lashus, Kristin Major, L. Batya Schwartz Ehrens, Laura Danielson,
Loan Huynh, Lynn O. Tarran, Maggie Murphy, Matthew Warren,
Michael Patrick, Michael J. Wildes, Olivia M. Sanson, Philip C.
Curtis, Richard Gump, Robert F. Loughran, Steve Trow, Susanne C.
Heubel, Susan Kelly, Vinh C. Trieu

For more info on this book, see here
For the fax version, see here.

(a) Bloggings on Deportation And Removal

Matthew Kolken writes "The main purpose of this blog post is to
shed light on what is going on at our northern border and
illuminate the treatment that non US citizens and more
specifically what Citizens of Canada are subjected to at the
hands of U.S. Customs and Border Protection.",0205-kolken.shtm

(b) Bloggings On Dysfunctional Government

Angelo A. Paparelli writes "The assertion in the last quoted
sentence, pointing to "agency correspondence in individual cases"
as the grant of permission for attorneys to sign petitions and
applications on behalf of clients, is not, however, the full story.",0205-paparelli.shtm

To submit an Article for consideration, write to
4.  NEWS

(a) NJ AILA Chapter Meeting Notes With CBP Officials

We provide notes from the January 26, 2010 NJ AILA Chapter
meeting with representatives from CBP (courtesy of Victoria
Donoghue, Esq. and David Nachman, Esq., Nachman & Associates, P.C).,0205-NJAILA.pdf

(b) ORR Letter On Cuban And Haiti Entrants

The Office of Refugee Resettlement released a letter to state
refugee coordinators reviewing the definition of "Cuban and
Haitian entrant" as it applies to Haitian nationals and clarifies
the acceptable documentation these individuals may present when
they apply for ORR-funded benefits and services.,0205-ORR.shtm

(c) 10th Circuit On Preemption

In Chamber of Commerce of the US, v. Drew Edmonson, Nos. 08-6127
and 08-6128 (10th Cir. Feb 2, 2010), the court "concluded that
the district court properly exercised jurisdiction over the
Chambers' challenge to Section 9 ... we further hold that the
Chambers are likely to succeed on the merits of their claims that
Section 7(C) is expressly preempted and that Section 9 is
impliedly preempted. Moreover, the remaining considerations favor
issuance of a preliminary injunction." The court also "concluded
that the district court erred in its determination that Section
7(B) is preempted, and thus the panel reverses the district
court's grant of a preliminary injunction against the enforcement
of Section 7(B).",0205-edmonson.pdf

(a) Help Wanted - Immigration Attorney
Detroit area, MI - Expanding employment immigration law firm
seeks junior immigration attorney with 2+ years business
immigration law experience in H, L, PERM cases. Candidate must
enjoy working in fast-paced collegial environment, posesses
excellent communication skills, is able to multi-task and work
independently. Competitive salary + compensation package offered.
Relocation package unavailable. All replies treated in strict
confidence. Send resume + cover letter to:

(b) Help Wanted - Immigration Paralegals
Detroit area, MI - Expanding employment immigration law firm
invites immigration paralegals with 5+ years business immigration
law experience in H, L, PERM cases to consider joining our team.
Candidates should be detail-oriented, able to work independently,
be team players, and have solid writing and speaking ability.
Competitive salary offered. Send resume + cover letter to:

(c) I-9 And E-Verify Compliance Technology
What do top employment firms, leading I-9 experts, and 3,000+ US
worksites all have in common about their I-9 and E-Verify
compliance strategy? LawLogix's state-of-the-art integrated I-9
and E-Verify system that provides organizations with a platform
to create, store, and easily manage secure electronic and error
checked I-9's and E-Verify results. LawLogix boasts a 9-year
track record, successful migration of over half a million paper
I-9s, unmatched data security, and cutting edge features to
assist organizations with state and federal compliance (e.g., FAR
Executive Order 13465). We offer a systematic approach to the
reduction of compliance risks including the automated digitizing
and transcription of old I-9s, real-time error checking of new
electronic I-9s, and data integration with current HRIS systems.
Tangible results: time-saved, fewer paid fines, significant
reductions in compliance and reputation risks. Visit:
email or call today 602-357-4240 ext.
7150 to sign-up under our money back guarantee or to request your
private demo.

(d) Immigration Law Certificate
Classes offered both online and in-person.  Master the complex
and ever changing maze of immigration policies and regulations
with the Immigration Law Studies Certificate Program offered by
CUNY's School of Professional Studies. This graduate-level
certificate program, consisting of (3) three-credit classes,
offers students who complete it a comprehensive understanding of
the laws, regulations, and processes surrounding the status of
immigrants in the US, including family and employment-based
immigration and deportation defense. It is designed for
individuals working in law firms, companies, government agencies
and nonprofit organizations where they interact with immigrants
and immigrant legal concerns on a regular basis and would
therefore benefit from greater knowledge of the laws and
regulations surrounding immigration. For more information on
class schedules, tuition and fees, course applications and to
register, see here.
6.  Headlines

(a) McCain Feeling Primary Heat From His Right Flank: McCain to
be challenged by anti-immigrant ex-congressman in primary

(b) Tenth Circuit splits on injunction against Oklahoma
#immigration law

(c) USCIS Says Marriage Does Not Require Sex

For links to the above stories see here:,0205.shtm#Headlines
7.  ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: To announce your event,
see here

(a) Immigration Event - Chatham, MA
Thursday, March 25, 2010 - 9:30-11:00 am, Successfully Maintaing
A J-1 Seasonal Workforce - The Benefits for Cape Cod at Chatham
Bars Inn, 297 Shore Road, Chatham, MA. Free and open to the
public, advance registration required by March 23, 2010. or 508-255-2792.

Readers can share comments, email:  (up to
300-words). Past correspondence is available in our archives

(a) Dear Editor:
Jim Roberts' letter (2/03/10 ID) was kind enough actually to
agree, for once, with something that one of my letters said,
namely about the dismal chances for CIR. I will reciprocate. My
letters have always have been very critical of his letters'
claims about an alleged "Aztlan" plot by Latino immigrants to
turn the US Southwest over to Mexico. However, I recently saw an
article in the Village Voice (not exactly a mainstream
publication) by someone who claimed to be a spokesperson for the
Mexican community in the US. The article said, in brief, that it
was time to crack down on the violent narco gangs at the border
(with which, of course, everyone agrees) so that the
"recolonization" of "Aztlan" can proceed peacefully through the
influx of ordinary illegal immigrants. I do not know if this
stupid comment was meant humorously or not. But with "friends"
like that, Mexican immigrants certainly do not need any enemies.
Roger Algase, Esq.   New York, NY

(b) Dear Editor:
Quite succinctly, Andrew Free's letter (ID 2/5/10) underscores
the disconnect in logic between the recent 10th Circuit decision
and impetus toward immigration legislative reform. Why indeed
would a declaration that states cannot properly act in this area
spur Congress to act more? Despite that disconnect however, hope
that the decision could spur some modification of the status quo
is not misplaced. If state laws, many of which were enacted to
mitigate the  disproportionate impact of large numbers of
undocumented persons have on the resources of specific states or
specific counties within certain states, are declared
unconstitutional,  those states will likely seek out other tools
to solve what is a legitimate state concern - including
pressuring the federal government to put up or shut up. Either
devote enough resources to properly secure the  borders and
remove persons from our state who are in violation of current
laws; or change the legal landscape so that that the bulk of
those violators can become non-violators, and become fully
integrated into the communities in which they live and work.
Given that removal of the 12 million illegals currently in the US
at a rate which impacted states would find acceptable would take
an operation similar in scope, ruthlessness, and logistics as
that used by the Nazis, the remove-if-not-compliant option is not
tenable. Although there are clearly some pockets of vocal,
nativists who would cheer at the sight,  I do not believe most
Americans would stand for box cars full of families being drawn
southward through their towns.  Thus, if Supreme Court precedent
narrows these states' legal options, it will not be too long
before those states re-start pressuring the feds to act toward a
more lasting solution.
Jay McTyier, Esq.   Louisville, KY

(c) Dear Editor:
In response to Mr. Murray's letter of (2/4/10 ID), concerning
Biblical input for the immigration debate, his letter references
an encounter with a female Seventh-day Adventist evangelist who
advocated killing those who do not believe Jesus is God. Since
Seventh-day Adventists do not ordain women ministers and heavily
support members choosing non-combatancy in times of draft, this
statement does not make sense. If his letter's recollection is
correct, those views are not in accordance with Seventh-day
Adventist beliefs.
M. Jacobs

(d) Dear Editor:
With reference to the (2/4/10 ID) and D. Murray Letters, perhaps
one reason the Bible is so down on lawyers is their frequent
characteristic of distorting or ignoring the obvious and
substantive in favor of the debating of minor, side or other
issues, thus obscuring and impeding any real progress. See all of
Matt. 23 which is summed up in verse 24: "Ye blind guides, which
strain at a gnat, and swallow a camel". While DM can write
letters, articles and quotes about the Bible (and others
apparently shouldn't), the right conclusions therefrom are
seriously lacking. It is seen often in ID and elsewhere where a
positive thought, truth or concern is stated only to be critiqued
by an entry enthusiast on some minor, irrelevant point that
minimizes the former in favor of the latter. Only a lawyer could
read Luke 11:45:54, ignore it's subject, say, "Woe. Shame on
Jesus." (my exclamation marks have always been edited) and
distort it to mean that the prophets and apostles would "slay and
persecute" others rather than being the recipients and that Jesus
would then "support ICE and CBP".  While the (2/2/10 ID) Frosty
Wooldridge article addressed many substantial entry issues all of
which are apparently negated according to the next day letter of
R. Black as the "article is exaggerating" and other statistical
minutia that minimizes or precludes the real issues including too
many entrants. The letter also typically cites the needs of
business as if that is the only  concern, ignoring the needs and
plight of US citizens.  The Hake/Murray letters topic is less
urgent than the limiting of entry and deporting of  illegals
which is present law. The major part of this that is "broken" is
the lack of serious enforcement and the wrongful array of
benefits available to non-citizens including cheapened birth
citizenship.  Now addressing this would be real CIR and has
everything "to do with lawyers or the immigration debate".
Jim Roberts

(e) Dear Editor:
Responding to ID's Comment (2/3/10 ID) which discussed the recent
decision by the 10th Circuit Court regarding immigration
enforcement laws enacted in Oklahoma, according to the article on
the link which ID provided, the 3-judge panel of the court
overturned portions on the laws but let stand a "prohibition on
transporting or harboring an illegal immigrant", and let stand a
provision that the state (OK) "can now force businesses to cross-
check employee names against a government list of eligible
workers". (I.e, E-Verify, which the article referred to as "Basic
Pilot".) ID then went on to comment that "If the Supreme Court
sides with the 10th. Circuit, hundreds of state laws will be
unconstitutional, guaranteeing that Congress, even if it
Republican (sic) by then will have no choice but to enact CIR
(including full legalization)." I can understand ID's initial
euphoria over any failure of an attempt at immigration
enforcement. Still, the decision was hardly a "wipe out" for us
"restrictionists"; I think most of us would swap a lot of state
and local laws for mandatory and universal use of E-Verify.
John H. Frecker  Baileyville, ME
The first daily in the field of immigration. Forward this to a

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