-----------------IMMIGRATION DAILY FROM ILW.COM------------------
September 15, 2010
http://www.ilw.com/immigrationdaily/digest/2010,0915.shtmContents:
Comment
3 Articles
6 News Items
Focus
9 Headlines
Classifieds: Help Wanted: Immigration Paralegal, Help Wanted:
Immigration Attorney, Help Wanted: Immigration Paralegal, Expert
Witness Services, Case Management Technology
ReadersWrite
ComingsNGoings
_________________________________________________________________
ITEMS
1. Comment: Obama Insults Immigrants - A recent article in
Politico
http://www.politico.com/news/stories/0910/42153_Page3.htmlquoted President Obama on immigration matters. Mr. Obama's
statements appear below, together with our comments.
Mr. Obama: "I think that in some ways there is an unrealistic
notion of what I can get done by myself .The thinking seems to be
that if I make a speech and if I am absolutely persuaded - or
persuasive - that somehow the Republican leadership in the Senate
is going to change their mind and they're going to say, 'You know
what? The president is right and we should have done this all along.'
And that's just not how things work."
Comment: Mr. Obama would be believable in blaming the legislature
if he had already acted to deliver such immigration benefits as are
within his sole and unrestricted executive power (such as granting
TPS to all the undocumented). Not only has he not done that,
members of his Administration (particularly ICE Chief Morton) go
around proudly boasting about the number of American families that
they break-up every day. Mr. Obama has earned the appellation
"Deporter-in-Chief". To blame Republicans in a legislature with
overwhelming Democratic majorities for (in)actions completely
under the President's executive control is insulting to immigrants.
Mr. Obama: "I know that within the Latino press, at least,
there's been this constant commentary, 'Well, he had 60 votes for
health care, why couldn't he get 60 votes for immigration reform?'.
And I just want to remind everybody: actually, after Scott Brown
won in Massachusetts, I only had 59 votes. I didn't have 60. I
had 59 votes for health care. The only reason that we were
able to get that passed was we had already had a vote in the
Senate just barely to get it done; just barely were we able to
get it done."
Comment: It was the Democratic leadership, emphatically including
Mr. Obama, which chose to prioritize the healthcare bill over
immigration (which healthcare bill, nota bene, will soon be
de-funded by the incoming Republican House). Mr. Obama cannot
pass the buck on the responsibility for making the cold political
choice of pursuing one long-sought Democratic goal over the
long-term benefits of locking-in the immigrant vote (which would
make many long-sought Democratic goals achievable). We
congratulate the Latino press, particularly Univision, for
pointing out the obvious: the current Democratic leadership
appears to believe that the statement "immigrants must wait"
is written into our constitution, that every other priority must
precede immigration. The current Democratic leadership, including
Mr. Obama and Speaker Pelosi willingly sacrificed many
Democratic seats for the climate bill, which of course, died in
the Senate. On immigration, however, Mr. Obama appears to believe
that Univision's audience can easily be fooled by sophistry.
Mr. Obama: "The only thing that I just ask is that within the
community, people understand I can't snap my fingers and make
this happen. And so I think what has been interesting is the degree
to which people have expressed frustration for me, somebody who
supports comprehensive immigration reform, and less criticism
sometimes of the people who oppose immigration reform. That doesn't
make sense. I am as strong an ally as anybody has ever been in
this Oval Office when it comes to solving this problem."
Comment: Mr. Obama alleges that he supports CIR. Words are cheap.
Strong actions on his part to further CIR are conspicuous by their
absence. Mr. Obama's predecessor repeatedly expended significant
political capital to push for immigration benefits, against
powerful opposition in his own party. The clear historical record
demonstrates that no one who has ever occupied the Oval Office
pushed harder for immigrants than did Mr. George W. Bush. In
contrast, Mr. Obama has not offered anything beyond rhetoric.
There is no TPS for all, ICE and CBP continue to run amuck, there
is no amelioration in the anti-immigrant culture at USCIS, hundreds
of thousands of American families continue to be broken each year
(for which Mr. Obama's minions take "credit"), and Mr. Obama rubs
salt into immigrants' wounds by insinuating that he is an "ally".
Mr. Obama will face the people again in about 2 years, thanks to
the blessings of democracy that our country enjoys. Mr. Obama has
till then to take bold and muscular actions to deliver such
immigration benefits as are within his executive discretion to
provide. For our country's sake, we hope that Mr. Obama will see
the positive in the hostile stories in the immigrant press - these
stories highlight a problem that he still has the power to
address. If he does nothing but talk, he will learn the hard way
that the "immigrant vote" is a reality in this nation of immigrants,
not a historical artifact of a hundred years ago. Its presence and
absence will both be felt on election day, 2012.
2. Article: Venezuelen Accused of Embassy Bombings Seeks Asylum
by Jason Dzubow
http://www.ilw.com/articles/2010,0915-dzubow.shtm3. Article: U.S. Citizen Deported despite production of valid
Birth Certificate by Matthew Kolken
http://www.ilw.com/articles/2010,0915-kolken.shtm4. Article: Is DREAM Back On The Table? by Greg Siskind
http://www.ilw.com/articles/2010,0915-siskind.shtm5. News: ICE Announces Relief For Haitian F-1 Students And
Releases Fact Sheet On Eligibility For Employment Authorization
http://www.ilw.com/immigrationdaily/news/2010,0915-icehaiti.shtm6. News: USCIS Releases Fact Sheet On Relief For Haitian F-1
Students
http://www.ilw.com/immigrationdaily/news/2010,0915-uscishaiti.shtm7. News: USCIS Issues Notice Of Suspension Of Applicability Of
Certain Requirements Of Haitian F1s
http://www.ilw.com/immigrationdaily/news/2010,0915-uscis.shtm8. News: EOIR Announces Completion of Digital Audio Recording
Implementation
http://www.ilw.com/immigrationdaily/news/2010,0915-eoir.shtm9. News: USCIS Updates H-1B Cap Count
http://www.ilw.com/immigrationdaily/news/2010,0915-h1bcap.shtm10. News: USCIS Updates H-2B Cap Count
http://www.ilw.com/immigrationdaily/news/2010,0915-h2bcap.shtm11. 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
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++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.
Services
++Appendix includes Treaties/Agreements and Sample Letters
++CD-ROM includes 50+ IRS Forms, 16 IRS Publications, useful web
links
For more info and to order, please see:
http://www.ilw.com/books/taxbook.shtm.For info/ordering by fax, please see:
http://www.ilw.com/books/Taxbook.pdf.12. Headline: Democrats plan to add immigration amendment to
defense bill
http://ow.ly/2EJnx13. Headline: Serving immigration professionals? Consider running
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http://ow.ly/2uLtw14. Headline: Most Illegal Immigrants Don't Get Legal
Representation. Discuss.
http://ow.ly/2EFit15. Headline: Fewer local officers become immigration agents
http://ow.ly/2ED7l16. Headline: Pa. City to Ask Supreme Court to Reverse a Court
Ban on Illegal Immigration Ordinances
http://ow.ly/2ECOU17. Headline: Poll: Voters Disapprove of How Obama Is Handling
Illegal Immigration
http://ow.ly/2ECB118. Headline: Mexico's Top Migration Official Quits After Senate
Hearing
http://ow.ly/2ECrc19. Headline: Arizona Sheriff Joe Arpaio expands his political
wings
http://ow.ly/2E35U20. Headline: CLE Seminar on September 16: Family Immigration for
Experts; Consular Processing Vs. Adjustment of Status. Sign up at
http://ow.ly/2uLopTo submit an Article or a news item to Immigration Daily, write
to
mailto:editor@ilw.com. Follow ILW.COM on Twitter: http://www.twitter.com/ilwcom_________________________________________________________________
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ReadersWrite
1. ReadersWrite: Yesterday's Discussion
http://blogs.ilw.com/immigrationdaily/2010/09/14_immigration_in_the_112th_congress.html#comments2. ReadersWrite: Today's Discussion
http://blogs.ilw.com/immigrationdaily/2010/09/15_obama_insults_immigrants.html#commentsTo submit an Article for consideration, write to
mailto:editor@ilw.com_________________________________________________________________
ComingsNGoings
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Immigrant Hate" workshop. Facilitated by Favianna Rodriguez. For
more info, see
http://www.artforchange.org/.Readers can share professional announcements (up to 100-words at
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mailto:editor@ilw.com._________________________________________________________________
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In response to Jeffrey Lubbers:
You are certainly entitled to your opinion. However, I believe your position does not hold up. Here's my 2 cents:
(1) It is unfair to blame an opposition party for opposing.
(2) Even should a majority fail due to the parliamentary procedure that is part of our system of legislation (i.e. filibuster), the majority is entitled to credit for trying. To this date, the Democratic leadership has tried NOTHING on immigration. Their rhetoric blaming the Republicans is designed purely to remove the focus from their own inaction. The current Democratic leadership consciously decided to throw immigrants under the bus, and now they have to bear responsibility for their decision.
(3) The same analysis applies to health care. The Democratic party deliberately chose to throw several constituencies (including immigrants) under the bus for the dubious privilege of passing the health care bill, which is probably likely to be de-funded before it goes into effect. The leadership which made that decision cannot avoid responsibility now.
(4) The GOP is bigger than the loud racists within its ranks. The immigration issue is, and has always been, a bi-partisan one. I certainly believe that a pro-immigration policy (particularly on employment based immigration) is possible under GOP leadership. Sadly, some so-called "pro-immigrant" voices are actually so only in name, scratch under the surface, and you find a "pro-Democrat" who would gladly stab immigrants in the back to support any Democratic priority.
Posted by: Sam | Sep 16, 2010 at 08:48 AM
Dear ILW---Spare us the Anti-Obama screeds please. Everything he said in the quotations in the Politico article was true--sad but true. The (anonymous) commenter somehow is blind to the obvious strategy by Senate Republicans to block anything that Obama wants to do--and unfortunately it is easy for 41 members to do just that. Health care reform was also overdue and important. If the commentator thinks immigration policy would be more pro-immigrant with the GOP in charge, then he must be living on another planet.
Posted by: Jeffrey Lubbers | Sep 16, 2010 at 08:35 AM
My previous comment was in response to Karen Pena's. The following is in response to Ken Ortiz's comment.
Even should Congress enact the kind of DREAM bill you propose, it would run afoul of the equal protection guarantees of the constitution. Rejecting second class citizenship is not something that the "pro-immigrant" lobby demands, such an unequal treatment of United States citizens is impossible under our constitution.
If I were to craft a way for DREAM to get enacted, I think that going about it the way you outline would be an excellent idea. Because, once enacted in such a way, we can then rely on the Supreme Court to strip away the noxious elements, leaving a pure DREAM intact, one without any classes of citizenship.
It is true that such would "incentivize parents" and "advantage the people who brought the DREAM beneficiaries here". Such results follow from the principle of equality before the law that is part of the American system of government.
I am in favor of our constitution, and our system of government. I do not believe that the "pro-immigrant" lobby is asking for anything that is foreign to American ideals. DREAM is a just law, and remains just even when DREAM beneficiaries sponsor their family members.
Posted by: Sam | Sep 15, 2010 at 05:33 PM
The DREAM Act would have a much better chance of passing if it provided that the beneficiary could not use his later status as a USC to sponsor the aliens that brought him here against his will. This would benefit the innocent child brought here unwillingly, but not incentivize the parents or advantage the people who brought him here.
This would almost ensure its passage, as it is fair to the kids and takes away the reward for bringing children to the US illegally.
Of course, this will be rejected outright by the pro-immigrant lobby, probably with cries of second class citizenship. As usual, this lobby's inability to compromise will result in the passage of no bill and maintenance of the status quo.
Posted by: Ken Ortiz | Sep 15, 2010 at 03:44 PM
Indeed, TPS would be a temporary solution, and only the legislature can fashion a permanent solution. The procedure for obtaining TPS may well be onerous, as you indicate. Nevertheless, there would be two immeasurably great benefits from TPS: (i) there would be immediate legal work authorization for the undocumented and (ii) the Republican argument of illegal vs. legal would be discredited, painting the racist extremists in their true colors - as anti-immigration, not pro-rule-of-law. Finally, the entire Democratic leadership is at this moment engaged in a pre-planned concerted effort to fool immigrants (ie USCs in mixed status families) into believing that the Democrats are the immigrants friends. Such an effort pre-supposes that immigrants will not see through the Democrats' lies, and is indeed insulting.
Posted by: Sam | Sep 15, 2010 at 02:15 PM
Do people think that 'granting TPS" to all undocumented people is a viable option? PLEASE, reality check!
TPS is extremely hard to get and there are very strict requirements, the President can just decide to grant 11 million people temporary protected status, which by the way as the name says it is temporary NOT a permanent solution. The title of this post is misleading and delusional
Posted by: Karen Pena | Sep 15, 2010 at 01:55 PM