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Jan 25 - Paper Sons

Rating: 3 votes, 5.00 average.

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


January 25, 2010


http://www.ilw.com/immigrationdaily/digest/2010,0125.shtm


Items:
1.  Comment: Paper Sons
2.  Focus: Employer Compliance For Experts
3.  Articles:
    (a) January 2010 Visa Bulletin: PD Predictions For FY10 by
    Sheela Murthy et al., attorneys from the Murthy Law Firm
    (b) Immigration-Related Provisions Of Senate And House Health
    Reform Bills by James R. Edwards Jr. for the Center for
    Immigration Studies
    (c) Enforcing Immigration Laws: Repairing our Broken
    Immigration System by Benjamin E. Johnson et. al. for the
    Immigration Policy Center
    (d) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) USCIS Publishes QAs On Haiti Adoptions
5.  Classifieds:
    (a) Credential Evaluation And Translation
    (b) I-9 And E-Verify Compliance Technology
6.  Headlines:
    (a) Cecilia Munoz Tells It Like It Is On Immigration Reform
    Prospects?
    (b) SC Latinos Regroup For Immigration Reform
    (c) Don't Assume That Immigration Reform Is Dead
    (d) Irish immigration Center Takes Murphy To Task Over 'No
    amnesty For illegals'
7.  ComingsNGoings:
    (a) Immigration Event - Chatham. MA
8.  Letters From:
    (a) Scott T. Decker, Esq.
    (b) Roger Algase, Esq.


http://www.ilw.com/immigrationdaily/digest/2010,0125.shtm


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Immigration Law Seminars: http://www.ilw.com/seminars/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
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_________________________________________________________________
1.  COMMENT


Paper Sons


The Los Angeles Times
http://www.latimes.com/news/local/la-me-paper-son24-2010jan24,0,415204,full.story
reports on how some Chinese immigrants used the 1906 San
Francisco earthquake to get around the Chinese Exclusion Act of
1882. "By claiming to be citizens whose records had been lost in
the destruction, they became free to travel to China; once there,
they could either bring back blood relatives or sell their
paperwork to others who would claim to be family members -- paper
sons."


We welcome readers to share their opinion and ideas with us by
writing to mailto:editor@ilw.com.
_________________________________________________________________
2.  FOCUS


Employer Compliance For Experts


Wednesday, January 27th is the deadline for the Thursday, January
28th phone session of "Employer Compliance For Experts" with
speakers Patrick Shen, Brett Dreyer, Cynthia Lange, Priscilla H.
Muhlenkamp, Michael Patrick, Jennifer Sultan and Other Speakers
To Be Announced. The curriculum is as follows:


FIRST Phone Session on January 28: The Obama Administration's New
Enforcement Focus


This presentation is premised on DHS Worksite Enforcement
priorities as provided in the April 30, 2009 announcement by
Secretary Napolitano, and subsequent initiatives announced
throughout 2009.  The presenters will discuss briefly the policy
of the Obama Administration, but the bulk of the presentation
will be practical tips and best practices on how to avoid
liabilities and prepare for federal and state audits. Program
highlights include:


++ Establishing an in-house I-9 compliance program to reduce your
clients' liabilities
++ Preparing for an ICE and state government I-9 audit
++ Avoiding pitfalls that may result in, and defending against,
employment discrimination claims


SECOND Phone Session on February 18: Maintaining a Legal
Workforce


The speakers during this program will discuss recent Department
of Labor enforcement, including enforcement and adjudication
trends involving the labor condition application and PERM
applications.  The program also will include a segment on audits
by the US Citizenship and Immigration Services' Office of Fraud
Detection and National Security (FDNS) on H-1B petitions. Program
highlights include:


++ Best practices on maintaining LCA and PERM files
++ Tips on how to prepare for an LCA or PERM audit
++ Better understanding of what to expect during the FDNS site
visits and how best to prepare for such visits


THIRD Phone Session on March 11: Proliferation of E-Verify


In today's heightened enforcement environment, the federal
government and an increasing number of state governments are
requiring employers to participate in E-Verify, an electronic
employment eligibility program.  Beginning September 8, 2009,
many federal contractors and their subcontractors are required to
begin using E-Verify.  In addition, the government is utilizing
sophisticated data-mining techniques to monitor employer usage
and to scrutinize employers' compliance with the complex terms of
participation. Program highlights include:


++ Obama Administration's emphasis on E-Verify and impact on
federal contractors
++ Trends among state legislation requiring use of E-Verify and
complications for employers with multi-state presence
++ Liabilities that may result from enforcement of new monitoring
and compliance regulations


Wednesday, January 20th is the deadline to sign up. For more
info, including speaker bios, detailed curriculum, and
registration information, please see: Online:
http://www.ilw.com/seminars/201002.shtm. Fax form:
http://www.ilw.com/seminars/201002.pdf. Don't delay, sign up
today.
_________________________________________________________________
3.  ARTICLES


(a) January 2010 Visa Bulletin: PD Predictions For FY10


Sheela Murthy et al., attorneys from the Murthy Law Firm write
"The Visa Bulletin for January 2010 provides some helpful
predictions for the future movement of cutoff dates in the EB
categories for the fiscal year 2010, which ends September 30,
2010."
http://www.ilw.com/articles/2010,0125-murthy.shtm
http://murthy.com/attorney.html


(b) Immigration-Related Provisions Of Senate And House Health
Reform Bills


James R. Edwards Jr. for the Center for Immigration Studies
writes "The Senate's Patient Protection and Affordable Care Act,
substituted into HR 3590, and the House-passed Affordable Health
Care for America Act, HR 3962, each contain provisions that
purport to bar illegal aliens from benefiting from certain health
programs."
http://www.ilw.com/articles/2010,0125-edwards.shtm
http://cis.org/taxonomy/term/48


(c) Enforcing Immigration Laws: Repairing our Broken Immigration
System


Benjamin E. Johnson et. al. for the Immigration Policy Center
write "Comprehensive reform must recognize that strong employment
protections for all workers reduces the incentive for
unscrupulous employers to hire and mistreat unauthorized workers,
thereby improving wages and working conditions for all workers."
http://www.ilw.com/articles/2010,0125-johnson.pdf
http://www.immigrationpolicy.org/


(d) Bloggings On PERM Labor Certification


Joel Stewart writes "The lesson of this case is that materiality
is the important issue in PERM processing, not mere
technicalities. Although "harmless error" is specifically omitted
from the PERM rule, it is, nevertheless, alive and well."
http://www.ilw.com/articles/2010,0125-stewart.shtm
http://blogs.ilw.com/joelstewart/


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


(a) USCIS Publishes QAs On Haiti Adoptions


USCIS published a set of questions and answers providing
information for United States citizens in the process of adopting
a child from Haiti.
http://www.ilw.com/immigrationdaily/news/2010,0125-adoptions.shtm
_________________________________________________________________
5.  CLASSIFIEDS


(a) Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and
translations, American Evaluation and Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $50
educational evaluations, as well as $200 'expert opinion' work
experience and position evaluations completed by PhD university
professors who have the "authority to grant college level credit
for work experience and/or training." AETS offers a variety of
turn-around times, including same-day service for educational,
work experience, and position evaluations. For list of rates and
times, see:
http://aetsinternational.com/applicationforevaluationservices.pdf
.  AETS also provides certified translations in 100+ languages,
with translators that are specialists in 80+ fields.  For a copy
of the Application for Credential Evaluation and Translation
Services, please contact AETS at (786) 276-8190, visit
http://www.aetsinternational.com, or email:
mailto:info@aetsinternational.com.


(b) 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:
http://www.lawlogix.com,
email mailto:i9sales@lawlogix.com or call today 602-357-4240 ext.
7150 to sign-up under our money back guarantee or to request your
private demo.
_________________________________________________________________
6.  Headlines


(a) Cecilia Munoz Tells It Like It Is On Immigration Reform
Prospects?


It was clear that Obama, personally and his administration, while
deeply sympathetic aren't committed enough to immigration reform
to lead the way, to frame the issue, to spread the vision of an
immigration policy that would indeed fix the broken system.


(b) SC Latinos Regroup For Immigration Reform


In recent weeks, Latinos in South Carolina have gathered for food
and conversation to discuss a strategy for immigration reform.


(c) Don't Assume That Immigration Reform Is Dead


All the more reason that the White House has to recommit itself
to comprehensive immigration reform, even without the support of
the soon-to-be junior senator from Massachusetts.


(d) Irish immigration Center Takes Murphy To Task Over 'No
amnesty For illegals'


The Irish Immigration Center in Philadelphia is urging those who
support the undocumented Irish to call their Congressman, Patrick
Murphy, to say they oppose his stance on comprehensive
immigration reform.


For links to the above stories see here:
http://www.ilw.com/immigrationdaily/digest/2010,0125.shtm#Headlines
_________________________________________________________________
7.  ComingsNGoings


Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm


(a) Immigration Event - Chatham. MA
March 25 - The Cape Cod Chamber of Commerce  and the Lower Cape
J-1 Host Housing Program are pleased to present  "Successfully
Maintaining A J-1 Seasonal Workforce - The Benefits For Cape Cod"
for more info see
http://www.capecodtoday.com/calendar-2010-03-25-event-14241.htm.
_________________________________________________________________
8.  LETTERS


Readers can share comments, email: mailto:editor@ilw.com  (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigrationdaily/archives.shtm


(a) Dear Editor:
Robert Xiao's letter (01/22/2010 ID) mentions that, in
determining whether someone is in the US legally, we need answers
to dozens of questions about the person's history.  This is
correct, but is this a feature of the system or a bug?  There are
benefits to having a high bar to legally entering the country,
but in an era of increased global mobility we must have a system
that people of average intelligence can safely navigate without
needing to have immigration lawyers on retainer.  Merely more
vigorously enforcing the current immigration laws is a fruitless
task because the laws are so complex, confusing, and
contradictory that in many seemingly straightforward situations
no one - government officials, immigration lawyers, or the aliens
themselves - can comfortably say that if you do X, Y, and Z that
you are in complete compliance with the immigration laws.  There
is no way to legitimately and rationally enforce laws in such an
environment and that, among other reasons, is why enforcement
alone is insufficient and reform of the immigration laws is
necessary.
Scott T. Decker, Esq.   Albany, NY


(b) Dear Editor:
After years of alleged cover-ups concerning the deaths of
immigrants in ICE detention facilities, that agency has just
released a list of 92 people who have died in its custody from
October 2003 to the present. The list is available on AILA's
website, which also mentions over a dozen articles in the New
York Times alone about the difficulties of getting information
about ICE detainees, despite many allegations of abuse and
medical neglect. These allegations appear to be borne out by the
fact that by far the most commonly given cause of death on ICE's
list is illness (other than AIDS). 14 deaths were listed as
suicides. This information appears to bear out the allegations
that ICE has been maintaining a network of "black hole" prisons
where detainees have no rights or protection against
mistreatment. However, in Guantanamo and the CIA secret prisons,
the detainees were at least suspected terrorists. In contrast,
28, or almost one third, of the deceased ICE detainees were
listed as "non-criminal", and there is no indication that any of
them were terrorists. Of the two thirds listed as "criminal", at
least some of the alleged crimes may have been "aggravated
felonies" such a stealing a tube of toothpaste. The purpose of
immigration detention is supposed to be enforcing the law. But
what law provides that so many immigrant detainees shall die in
custody? Why have there been no investigations or prosecutions of
those responsible for running this immigration gulag? It is time
for some long overdue law enforcement.
Roger Algase, Esq. New York, NY
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
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Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X


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Send correspondence and articles to editor@ilw.com. Letters and
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