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Dec 10 - Supremes Recognize Undocumented

Rating: 2 votes, 5.00 average.

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


December 10, 2009


http://www.ilw.com/immigdaily/digest/2009,1210.shtm


Items:
1.  Comment: Supremes Recognize Undocumented
2.  Focus: Today Is Deadline For Worksite Enforcement
3.  Articles:
    (a) Supervised Recruitment In Tough Economic Times -
    Practical Tips For Compliance by Maggie Murphy, Cyrus D.
    Mehta, and David Ware
    (b) The Origins of American Unions by Clarence B. Carson for
    the Foundation For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) USCIS Grants Parole Status To CNMI Nationals
5.  Classifieds:
    (a) Help Wanted: Immigration Professional
    (b) Co-Counseling Offered
    (c) PERM Services
6.  Headlines:
    (a) Report Analyzes High-Skilled Immigrants
    (b) Population Shifts Could Boost California, New York In
    Census
    (c) Immigration Reform: 2010 Could See Overhaul
    (d) Much More Than A Profile
7.  ComingsNGoings:
    (a) Immigration Event - Washington, DC
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) David D. Murray, Esq.
    (c) Jay McTyier
    (d) Sergi Sheplov
    (e) Jim Roberts
    (f) Robert Yang


http://www.ilw.com/immigdaily/digest/2009,1210.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


Supremes Recognize Undocumented


In what is apparently a first, a Supreme Court opinion used the
term "undocumented immigrant" instead of "illegal immigrant" or
"illegal alien", according to a report by the New York Times.
http://www.nytimes.com/2009/12/09/us/09sotomayor.html
We encourage the Court to continue down this path - to recognize
that no human being can be illegal, and to recognize that these
human beings are immigrants whose documentation status lies in
Congress's hands, not their own. We urge Congress to regularize
these immigrants. Members of Congress will live to see their
children and grandchildren marry the children and grandchildren
of the undocumented. They should act for their in-laws-to-be by
bringing the laws in line with common sense. Onward to CIR!


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


Today Is Deadline For Worksite Enforcement


Wednesday, December 9th is the deadline for the Thursday December
10th phone session of "Employer Compliance For Beginners" with
speakers Maggie Murphy (discussion leader), Robert Nadalin,
Donald E. Smith, William Stock, Steve Thal, Roger Tsai, Robert
White and Other Speakers To Be Announced. The curriculum is as
follows:


++Employer Responsibilities under IRCA - Completing and retaining
Forms I-9 for every employee and penalties for noncompliance
++Dealing with Social Security No-Match Letters - Complying with
DHS regulations while avoiding liability for discrimination
++Addressing Common E-Verify Questions: What is it?  How do I
know whether a company is required to enroll? Are there any risks
involved with enrolling?


Wednesday, December 9th 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/200929.shtm. Fax form:
http://www.ilw.com/seminars/200929.pdf. Don't delay, sign up
today.
_________________________________________________________________
3.  ARTICLES


(a) Supervised Recruitment In Tough Economic Times - Practical
Tips For Compliance


Maggie Murphy, Cyrus D. Mehta, and David Ware writes "Based on
current processing times and statistics for PERM Audits, it is
probable that Supervised Recruitment will add at least one year
to case processing times."
http://www.ilw.com/articles/2009,1210-murphy.shtm
http://www.ilw.com/articles/2009,1210-murphy.shtm#bio


(b) The Origins of American Unions


Clarence B. Carson for the Foundation For Economic Education
writes "But the one class that excited the most determined
opposition was immigrants. And, among immigrants, Orientals,
particularly the Chinese, were the ones most opposed."
http://www.ilw.com/articles/2009,1210-carson.shtm
http://fee.org/


(c) Bloggings On Immigration Law And Policy


Greg Siskind writes "How the Sheriff has reacted to the situation
tells even more about what is happening in Arizona than the
offense itself."
http://www.ilw.com/articles/2009,1210-siskind.shtm
http://www.visalaw.com/


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


(a) USCIS Grants Parole Status To CNMI Nationals


USCIS announced that it will grant parole status to eligible
foreign nationals from certain impacted groups in the
Commonwealth of the Northern Mariana Islands (CNMI).
http://www.ilw.com/immigdaily/news/2009,1210-cnmi.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Professional
Washington, DC - The American Council on International Personnel
seeks a director of agency liaison. Work with ACIP members and
federal immigration agencies to improve immigration
policies/procedures for large multinational employers. Maintain
relationships with policymakers and report on agency activities,
organize and report on liaison meetings, identify emerging global
mobility trends and explore best practices, draf Fed Register
comments and amicus briefs as needed, analyze new policies and
procedures, and communicate changes to members through weekly
email bulletins, website updates, webcasts, and other venues.
Involved in planning ACIP's Annual Symposium in June. Public
speaking and travel required.  Ideal candidate has law degree,
detailed knowledge of business immigration laws + procedures,
understanding of global mobility best practices, experience
filing immigration applications on behalf of large employers,
liaison experience, ability to juggle shifting priorities,
excellent writing skills + ideas for improving immigration
system. Send resume, cover letter, references + writing sample to
mailto:lynn_shotwell@acip.com.


(b) Co-Counseling Offered
Practitioners with challenging extraordinary ability cases or any
other complex immigration cases including appeals, may wish to
co-counsel with PJ Patel, an attorney experienced in O, EB-1,
NIW, and any complex matters for many years. Mr. Patel is known
for his compilation of the INA, 8 CFR & 20/22/28 CFR for the past
25+ years.  For more information, see his website at
http://www.immigrationbypatel.com
Mr. Patel can be reached at jpatel@immigrationbypatel.com">mailtojpatel@immigrationbypatel.com
212-279-3230. All cases will be kept in strict confidence.


(c) PERM Services
At Jon Byk Advertising, Inc.,
http://www.bykadvertising.com/
we provide a wide range of services that will help fulfill your
PERM recruitment requirements quickly, cost-effectively, and
efficiently. With 15+ years of experience working with one of the
nation's largest immigration law firms, our customer service is
unparalleled. We understand the importance of meeting DOL
requirements with regards to ad content, media selection, ad
documentation (tear-sheets), and deadlines. We will locate
publications that meet DOL and EDD requirements by geographic
region, provide upfront pricing, and timely deliver original
tear-sheets for all ads (print, online or broadcast). Our
experience in recruitment solutions means valuable time saved for
you. For more info and a free quote, contact Mya Le at
310-476-3012 or mailto:myale@bykadvertising.com. Please visit our
website http://www.bykadvertising.com
for special offers and discounts.
_________________________________________________________________
6.  Headlines


(a) Report Analyzes High-Skilled Immigrants


A new report released Tuesday by the Center for American Progress
highlights the importance of high-skilled immigrants to the U.S.
economy, but argues that "arbitrary restrictions" keep companies
from fully utilizing this talent pool.


(b) Population Shifts Could Boost California, New York In Census


An analysis released today by the Brookings Institution think
tank finds immigration is buoying many of the nation's larger
cities.


(c) Immigration Reform: 2010 Could See Overhaul


Having waited patiently in the wings, Immigration advocates in
Chicago and elsewhere are anxious to take President Barack Obama
at his word when he said Immigration reform would soon follow
health care on the nation's agenda.


(d) Much More Than A Profile


On October 7th Ms. Orellana was quietly eating her lunch when two
Frederick County Deputy Sheriffs interrogated and detained her
solely based on the color of her skin, according to a lawsuit
recently filed in US District Court.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,1210.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 - Washington, DC
December 10 - House Committee on Homeland Security will be
conducting a hearing on "Moving Toward More Effective Immigration
Detention Management" For more info see
http://homeland.house.gov/about/schedule.asp
_________________________________________________________________
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/immigdaily/archives.shtm


(a) Dear Editor:
A recent ID article by Harry DeMell supports more immigration
"enforcement". Another one, by Sherrie Kossoudji, favors
legalization. The former article is typical of the confused and
pretentious pseudo-scholarship of those who have an ideological
ax to grind against minority immigrants. The latter article is
short and to the point: immigration in general and legalization
in particular bring great economic benefits to America. When the
history of this recession is written, persecution of immigrants
in the form of shutting down their businesses, breaking up and
impoverishing their families, destroying their purchasing power
and denying work visas to the most educated and skilled foreign
professionals and entrepreneurs will no doubt be identified as
among the major causes of the economic hardship that is now
affecting so many Americans. Prejudice against Latino and Asian
immigrants comes with a high price tag, as excellent research by
the Immigration Policy Center has shown. It would take a whole
forest to provide enough paper for all the articles that have
been written about the supposed horrors of the 1986 amnesty law,
which legalized 2 million people from all over the world. But I
have yet to see a single article criticizing the early 1990's
AA-1 green card lottery, which was nothing more than an amnesty
for Irish, Polish, and other illegals from Europe, who were
almost the only ones eligible with very few exceptions. This is
not to say that Europeans are not welcome in our great nation of
immigrants too. More power to them.
Roger Algase, Esq. New York, NY


(b) Dear Editor:
I wish Jim Roberts' letters would discontinue ever using my ID
letters a source to back up his letters' obvious anti-immigration
stance, because every time they do, my words are twisted and
misconstrued. The latest example is the Roberts' letter
(12/09/2009 ID) that claims, "D. Murray joins growing numbers of
those who wish to see this obvious abuse and dilution of
citizenship ended." I join no such group. While I do support a
constitutional amendment changing the US citizenship birthright,
I do not view it as a "dilution of citizenship," which I find to
be a disgusting and racially-charged remark with which I do not,
in any, way desire to be associated. My backing a constitutional
amendment is based on on the fact that there is no cogent reason
for offering US citizenship to children of people who have no
ties and no allegiance to America themselves. Further, I back
such a constitutional amendment simply to take away the carrot at
the end of the stick for foreigners coming to the US to have
"anchor babies" - something the founding father never envisioned
when the constitution was drafted back in the 1700's. Times
change. But getting back with the bone of contention in the
Roberts letter, to call the citizenship of foreign born as a
"dilution of citizenship" is about the most raciest, cruel and
mean-spirited statement I recall ever reading in ID letters. My
wife is a naturalized citizen and both she and I are proud of it.
Her naturalization in her adopted country in no way "diluted" the
precious WASP gene pool Mr. Roberts' letters seem so adamant
about protecting. Once again, the Roberts letter proves Roger
Algase's letters correct. Sometimes it is better to leave well
enough alone.
David D. Murray, Esq. Newport Beach, CA


(c) Dear Editor:
Mr.  Seplov's letter (12/08/09 ID) asks for an  attorney to tell
where in the Constitution a US citizen loses his/her right to
family unity when they marry a foreign national.  The answer is
not in the Constitution, but in a law enacted by Congress in
February 1855, which made  citizenship a function of marriage for
women born in the U.S.  By operation of that law, until it was
superseded by another enactment in 1907, an alien woman acquired
U.S. citizenship when she  married an American citizen; and a
U.S.-born woman  could lose her citizenship if she married an
alien husband and lived abroad. It happened to hundreds of U.S-
born women, until we finally grew out of the legal fiction that a
woman has no status except through her husband.
What's also not in the Constitution is a protected "right" to
family unity.    The point is, that laws evolve
and change to suit the needs of the society which erects them.
Back in the mid 1700s. when our Constitution was first written,
the new nation needed to secure the allegiance and dedication to
the new sovereign in critical mass numbers to survive.  We also
needed vast numbers of souls to fill up and develop this big
empty land.  So we came up with the born-here, citizen-here
principal that has been the backbone of our citizenship law since
that time.   Now our needs are different. It's
certainly worth the effort to examine whether the born-here,
citizen-here principal needs to be amended. But in doing so, we
need to weigh total costs and benefits. Those countries which
still confer citizenship primarily through descent have a time
consuming and costly bureaucracy to engage to prove  ancestry as
a prelude to a determination of citizenship.
Jay McTyier Louisville, KY


(d) Dear Editor:
To clarify in reference to Mr. Roberts letter (12/08/09 ID) what
I meant when I said I did not know how to take its book
recommendations which I felt were a  a way of saying I needed to
to school on the issues we have been discussing,  so I in jest I
suggested that that letter writer too go read a history book. It
might be a tad arrogant to assume another reader doesn't know
what he/she is talking about.  I do not equate human beings with
gumballs like I believe Numbers USA does, but I am concerned
about large numbers of US Citizens who have spouses and children
living in exile and are suffering extended family separation as a
result of draconain immigration penalties for civil infractions.
I am not an "open borders advocate" or an "entry enthusiast" or
an anarchist or  anti-american or pro immigrant. I simply believe
morally we have gone overboard on some not all of our Immigration
laws. I am not talking about "immigrant rights" in any of this
either. I am talking about the right of a US citizen to live in
his/her own  country with his/her nuclear family. Its my position
after appropriate vetting and security concerns are addressed
where a US citizen spouse or child is concerned speedy family
reunification is the correct moral and constitutionally correct
action, when there is a non-criminal immigration violation
involved. The law currently runs counter to our moral values as
far as family is concerned.
Sergi Sheplov


(e) Dear Editor:
Regarding (12/08/09 ID) Letters, the R. Algase letter contains
even more than the usual of false presumptions including that
enforcement policies are "one-sided" and not "humanitarian". The
letter would consider no enforcement to be the latter. Birth
citizenship by illegals is wrong, poor policy and should not be a
"basic right" of foreigners. The letter is critical of the R.
Yang letters except as directed to the "hypocrisy" of
restrictionists. Hypocrisy is the middle name of the RY letters
who attempts in vain to avoid the well-earned "anti-American"
label with Globalist views favoring foreign workers who average
less than $100 per month. Without protection from lessor
developed lands, RY letters would have these wages for US for
which our Declaration was written, not "our fellow human beings"
in other lands who need to develop their own "inalienable rights
to life, liberty and pursuit of happiness", and not
dilute/destroy ours. This nation was founded on Christian
principles as pointed out in John Vinson's supurb booklet,
"Immigration and Nation, a Biblical View" from aicfoundation.com
(1997). "Division and nationality are part of God's plan for
humanity" (Deut. 32:8 & Acts 17:26) comprised of language,
culture and ethnicity and that "total inequality is just as wrong
as total equality". While we should treat the "sojourner" (a
temporary resident) fairly, our greater love should be for our
nation and family (Deut 17:15, Num.15:16, Lev.18:26, I Tim.5:8,
Pro.13:22). Such an immigrant is Yeh Ling-Ling, executive
director of Alliance for a Sustainable USA. Also, Michael Cutler,
see article, "Our Government Continues to put Americans at Risk".
As the good Teddy said to US in 1915 (not the bad Teddy who lied
to US in 1986) "There is no room in this country for hyphenated
Americanism."
Jim Roberts


(f) Dear Editor:
Jim Roberts' letter (12/09/09 ID) talks about constitution and so
on, what about the "inalienable rights" and "all men are created
equally" phrases in the US Declaration of Independence then ?
JR's letter also mentioned about "a little overcrowding issues"
with his booming hometown in Arizona, that's exactly the real
brown skin Native American Indians felt when the "pale skin"
invaders coming from the other land far away and now they become
poorest smallest group among minorities in their own homeland.
More population means more problems indeed, but also more
business opportunities, more banks, restaurants, car dealerships
etc. If ones feel their hometowns are way too crowded and too
"colorful" with new comers they don't like because they're
"different" then what about moving to white lily Alaska with
moose and caribou  whom don't speak Spanish nor Mandarin Chinese
as their closest neighbors. RA's letter (12/09/09 ID) mentioned
about my letters ranting about lazy Americans, Americans don't
like competition etc., then what's the real purpose of
restrictive immigration laws and trade barriers worldwide in
every countries if not for protectionism ? It's very un patriotic
and American to keep our fellow American living and dreaming in
delusional fantasy world that they will never have to think, win
and survive about competing with others just because of their US
citizenship and it's an outrage to stay silently when our
politicians are wasting our tax dollars on expensive, senseless
and useless wars that won't get rid of sectarian ideology of
hatred, ignorance, violence and intolerance in the name of faiths
and God as the root cause of global terrorism problems, while
other nations pouring their investments in top notch
infrastructures and education to be able to stay ahead the
competition the 21st. century global economy. It's time to wake
up America and stop dreaming!
Robert Yang
_________________________________________________________________
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  1. roulett cheat's Avatar
    This is really unbelivable. I cannot believe in this article.
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