Biometrics Won't Scale 'The dream of a security silver bullet in biometrics is not to be. Identity-based securityâusing the knowledge of who people are for protectionâis valuable and useful in day-to-day life, but it does not scale. National or world ID systems would not secure, but they would carry large costs denominated in both dollars and privacy.' Jim Harper, Oct. 18, 2010.
Border Boss: Our immigration laws need to change 'Our immigration laws need to changeâand change in significant ways. The current system isnât working for either security or the economy. Itâs not working for our country. Reform needs to be a priority.' Remarks by CBP Commissioner Alan Bersin, Migration Policy Institute, Washington, D.C., Oct. 13, 2010.
Buyers Beware â Non-federal Immigration Laws are Inherently Defective 'This yearâs hot items seem to be the authorized knock-offs of Arizonaâs Senate Bill 1070 and other varieties of non-federal immigration proposals, covering topics such as employment, human smuggling, identity fraud, even birthright citizenship. Who can blame them? They have seen a smooth-talking, handsome, well-dressed salesman on TV and heard him on the radio. They canât help but want an immigration enforcement law of their very own. For some, keeping up with the Brewers is a high priority. However, before prospective legislators rush to the store, latch onto a non-federal immigration bill, rush to cash register and pay the price, they should be aware of the following defects.' Anthony Weigel, Oct. 21, 2010.
Deportation orders for Austin mom, son dismissed 'Valquires Geraldes' fear that she and her son, Wilson, would one day be deported from their Austin home to their native Brazil was no fleeting concern. It hung over her head more than 20 years. 'It was a nightmare,' Geraldes said of their extraordinary legal case, which raised humanitarian concerns about 24-year-old Wilson Geraldes, who has severe autism, learning disabilities and limited communication skills. Now her anxiety has been lifted, Geraldes said Wednesday. Late last month, an immigration judge in San Antonio terminated deportation proceedings for her and Wilson, their attorney Simon Azar-Farr of San Antonio said.' Juan Castillo, Austin American-Statesman, Oct. 20, 2010.
DEPORTATION THREATENS JUSTICE 'This might sound like a radical assertion to make, but I'm just going to go ahead and make it. I am a misdemeanor domestic violence prosecutor, and I think that misdemeanor domestic violence should not be a deportable offense.' Erin Tinoco, Oct. 20, 2010.
Efforts to subvert 14th amendment grow 'Sen. Russell Pearce, R-Mesa, said Tuesday that the failure of Congress to statutorily 'clarify' the 14th Amendment, which guarantees citizenship to those born in this country, makes it necessary for states to take the lead.' CMS, Oct. 20, 2010.
Friday: Editor on travel In court in the morning, travel to Chicago in aft. Posting may be light until Monday. Remain calm.
I-9 meeting Nov. 2, 2010 'The USCIS Verification Division and the Office of Public Engagement invite you to a stakeholder engagement to discuss the Form I-9 (Employment Eligibility Verification). We would like to get your feedback on the usability of the form as well as the verification process as it relates to the Form I-9. In particular, USCIS is interested in hearing your suggestions on how to improve the Form I-9 process and what changes could improve the form itself.'
Lawless [Immigration] Courts 'As long as adjudicators process a high volume of cases, the agency will ignore and even cover up serious misconduct, including deportations of US citizens or people who have other avenues of relief. One immigration judge told me, 'I'm afraid there's a premium on quotas and productivity, and not the truth.'' Jacqueline Stevens, Nov. 8, 2010 edition of The Nation magazine.
Notice to Media, Public Regarding Oral Arguments in USA v. State of Arizona 'Oral arguments in USA v. State of Arizona, Case No. 10-16645, will be heard by a panel of three judges of the United States Court of Appeals for the Ninth Circuit on Monday, November 1, 2010, beginning at 9 a.m. (Pacific time) in Courtroom One on the third floor of the James R. Browning U.S. Courthouse, 95 7th St., San Francisco. The case involves the constitutionality of Arizona Senate Bill 1070, which requires state law enforcement officers to check a person's immigration status under certain circumstances, and authorizes a warrantless arrest where there is probable cause to believe that the person has committed an offense making him/her removable from the United States.'
The One-Year Asylum Deadline and the BIA: No Protection, No Process 'The one-year deadline threatens the U.S. governmentâs fundamental moral and legal commitment to protect refugees. Legal experts conclude that the filing deadline results in the arbitrary denial of protection to refugees. This report provides an understanding of the deadlineâs impact on refugees whose asylum cases are decided by the BIA.' Oct. 21, 2010.
THOUSANDS OF REFUGEES DENIED PROTECTION DUE TO ASYLUM FILING DEADLINE 'The One-Year Asylum Deadline and the BIA: No Protection, No Process, [is] a collaboration among Heartland Allianceâs National Immigration Justice Centerâs National Asylum Partnership on Sexual Minorities, Human Rights First, and Penn State Lawâs Center for Immigrantsâ Rights. The report is the first to examine how the asylum deadline is handled by the BIA, the highest level of administrative appeal available to asylum seekers. The study analyzed 3,472 BIA asylum cases decided in January from 2005 to 2008.' Oct. 21, 2010.
Tony & Janinaâs American Wedding 'Tony & Janinaâs American Wedding is a feature length documentary that gets to the heart of the broken, red tape ridden U.S. immigration system.'
USCIS Issues Two Precedent Appeals Decisions 'U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.' USCIS, Oct. 20, 2010.
A year after review, immigrant detainees still treated like prisoners 'Last October, Immigration and Customs Enforcement released an unusually frank review of its immigrant detention system. The report, by Dora Schriro, former director of the Office of Detention Policy and Planning, criticized the system for its often poor treatment of the illegal immigrants it houses. The system takes in too many detainees, the report said, and treats them too much like prisoners, even though immigrant detention is a civil â not criminal â process. The report concluded that ICE should improve its facilities and services and create alternatives to detention for some non-criminal illegal immigrants. A year later, though, many of the promised changes have yet to appear.' New Mexico Independent, Oct. 18, 2010.
BIA chides ICE counsel In an unpublished order dated October 14, 2010 a panel of the BIA dismissed a DHS appeal and noted: 'Our review of the record reveals that the DHS attorney exhibited intemperate, disrespectful, and unprofessional behavior towards the Immigration Judge. Such behavior is unbecoming of DHS counsel.'
Candidates Use Immigration As Political Weapon 'Immigration has been the subject of many attack ads in the final stretch of campaigning for mid-term elections. Some of the ads feature menacing-looking Latinos crossing a fence while others play on fears that so-called 'illegals' want to use taxpayer money for college tuition.' NPR, Oct. 20, 2010.
Detention Reform and Its Discontents 'Despite an apparently sincere commitment by senior officials to make detention conditions more humane, implementation of these reform initiatives has proceeded rather sluggishly.' Anil Kalhan, Oct. 18, 2010.
DHS buys time on SBInet 'The Homeland Security Department has bought itself time to decide whether to proceed with a beleaguered border security project by retaining the system's contractor on a temporary 30-day basis, according to House lawmakers who requested an audit of the program.' NextGov, Oct. 19, 2010.
EOIR's New Website Still a work in progress, but far better than the old site. Investigate all the links.
Feds push detention reforms amid record number of deportations 'Immigration advocates ... have prodded the Obama administration to overhaul the detention system, which is under stress from a record number of deportations. Almost 400,000 people passed through the system in the past year. âItâs a big operation,â said Michelle Brane, director of the Detention and Asylum Program for the Womenâs Refugee Commission. âItâs hard to reform and improve a system if you keep bringing people into it.â But the Immigration and Customs Enforcement agency (ICE) is trying to do just that. So far, the results are mixed.' Renee Feltz, Oct. 19, 2010.
Fifth Circuit on post-departure appeal bar 'We must decide whether an alien subject to removal proceedings who voluntarily departs the United States after the BIA has issued a decision on his appeal, but while his habeas petition is pending, is deemed to have withdrawn his appeal pursuant to 8 C.F.R. Â§ 1003.4 (2010). We conclude that the regulation does not apply to departures occurring after a BIA decision on appeal and while a habeas petition is pending, so the BIA has jurisdiction to review Rodriguez-Barajasâs appeal.' Rodriguez-Barajas v. Holder, Oct. 19, 2010. [Lisa Brodyaga rocks!]
Matter of Al Wazzan, 25 I&N Dec. 359 (AAO 2010), Interim Decision #3699 25 I&N Dec. 359 (AAO 2010), Interim Decision #3699. 'This matter was initially decided on January 12, 2005, and designated as an âadopted decisionâ of U.S. Citizenship and Immigration Services, guiding USCIS officers in their administration of the immigration laws. It was not designated as precedent under 8 C.F.R. Â§ 1003.1(i) (2010) until October 20, 2010. On our own motion, we reopen and amend the decision for the limited purpose of making editorial revisions consistent with designation of the decision as precedent.'
Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010), Interim Decision #3700 25 I&N Dec. 369 (AAO 2010), Interim Decision #3700 - 'This matter was initially decided on January 11, 2006, and designated as an âadopted decisionâ of U.S. Citizenship and Immigration Services (âUSCISâ), guiding USCIS officers in their administration of the immigration laws. It was not designated as precedent under 8 C.F.R. Â§ 1003.1(i) (2010) until October 20, 2010. On our own motion, we reopen and amend the decision for the limited purpose of making editorial revisions consistent with designation of the decision as precedent.'
Political ads stoke fear of foreigners 'Democrats and Republicans pounding each other on the airwaves in the run-up to the Nov. 2 midterm elections have found one common enemy: foreigners.' Chicago Tribune, Oct. 16, 2010.
Robert Divine: USCIS Gets First âAdopted Decisionsâ Designated as AG Precedents 'The Department of Justice (DOJ) has designated and published as âPrecedentâ two decisions that USCIS previously had issued as âAdoptedâ decisions. This adds strength and consistency to interpretations of U.S. immigration law within the Executive Branch of U.S. Government and reflects better coordination between the Department of Homeland Security and DOJ.' Oct. 20, 2010.
'Mixed' families face tough choices in Arizona 'She begins to consider two imperfect choices: stay hidden or join the quiet exodus now underway, with families heading to New Mexico, California and other states where they might find a relative and a place they can live without worry.' Washington Post, Oct. 10, 2010.
Finding A Way To âYesâ 'If Grassley really wants to get a picture of USCIS visa approval policies he should file a couple of visa petitions with USCIS himself and see what happens. ... I suspect that if Grassleyâs petitions landed on the desks of the very same USCIS âwhistleblowersâ that are fueling his anger, he would quickly see how the âgenerosityâ he decries in his letter to Napolitano is in fact sorely lacking within the USCIS benefits bureaucracy.' David Leopold, Oct. 18, 2010.
For immigration reform, a narrow window of opportunity 'After years of failure, the fate of comprehensive immigration reform is murkier than ever. With majority Democrats failing to make progress on bipartisan legislation, the immediate future of one of President Barack Obama's top policy priorities could be determined by the outcome of the Nov. 2 congressional midterm elections.' Arizona Republic, Oct. 17, 2010.
Former judge sentenced in immigration fraud case 'Salvador Collazo, who ran a law practice in Bronx, was sentenced last week, by Southern District Judge Shira Scheindlin, to two years in prison for filing bogus green-card applications. The judge has called the fraud 'predatory' in nature.' IBT, Oct. 19, 2010.
Ga. lawmaker: 'Shoot to kill' border crossers 'Georgia's Republican State Rep. John Yates has a position on immigration that almost nobody would agree with: he wants US border agents empowered to 'shoot to kill.' Asked to justify his position, Yates recently told a reporter in Atlanta that illegal immigrants are enemies of America who must be dealt with severely.' Raw Story, Oct. 18, 2010.
GAO on Southwest Border More Timely Border Patrol Access and Training Could Improve Security Operations and Natural Resource Protection on Federal Lands; Oct. 19, 2010.
I-9 problems can trigger securities fraud lawsuits 'A class action lawsuit was filed on August 25, 2010, in the United States District Court for the Central District of California on behalf of all persons who purchased American Apparel, Inc. ('American Apparel' or the 'Company') (NYSE: APP) securities during the period from December 20, 2006, to August 17, 2010, inclusive (the 'Class Period').' Milberg LLP, Oct. 18, 2010.
ImmBlogAgg ABIL has aggregated many immigration blogs, including Bender's Immigration Bulletin - Daily Edition, in one place.
Why Must Courts Take up the Immigration Slack? 'After a three-year court battle, Cynthia Trevino was declared an U.S. citizen by a federal judge in Brownsville Friday. Trevino is one of hundreds, maybe thousands along the border, born with the assistance of midwives, who've had their citizenship challenged by the U.S. government.' Texas Observer, Oct. 18, 2010.
Woman wins passport fight 'After a three-day trial, U.S. District Court judge Hilda G. Tagle ruled in favor of Cynthia Trevino, saying the court found credible her documents and the family members who served as witnesses. 'Having considered all testimony and exhibits, the court concluded that the petitioner had met her burden to show by a preponderance of the evidence that she was born in Brownsville, Texas, and therefore is a citizen of the United States of America,' Tagle states in court documents.' Brownsville Herald, Oct. 15, 2010.
CLINIC job: Section Director, Immigration Initiatives and Projects 'CLINIC seeks a well organized, detail oriented Section Director for the Immigration Initiatives and Projects department. The IIP Section Director reports to the Executive Director and will take responsibility for leading, managing, directing and supervising CLINICâs special projects. This position ensures creative and responsive projects are developed to meet the needs of vulnerable immigrants who otherwise would not be served.'
Eighth Circuit on humanitarian asylum 'We remand to the BIA because the BIAâs summary denial leaves us in doubt as to whether the BIA considered all the relevant factors in addressing humanitarian asylum. ... Furthermore, the BIA should not have ruled on the humanitarian asylum claim without the benefit of a fully developed record.1 1On remand, the parties should be allowed to supplement the record.' Sholla v. Holder, Oct. 15, 2010, unpub. [Hats off to Dorothy J. Harper.]
USCIS Should Follow BALCA on Posting Requirement 'Can a Saturday or a Sunday be a 'business day'? It depends on who you ask. The U.S. Department of Labor says yes, while the Department of Homeland Security thinks otherwise. What's an employer to do?' Carl Shusterman, Oct. 17, 2010.
BALCA on RIR, roaming employees 'We have ruled in other cases, where the Employer used a virtual location or did not present a bona fide job opportunity, that a remand for supervised recruitment is not mandated. Smith Group Inc., 2005-INA-39 (Nov. 27, 2006). However, the facts in this case are different, as there are bona fide work sites and a bona fide job opportunities. Accordingly, we remand these cases.' Matter of Amsol, Inc., 2008-INA-00112, Sept. 3, 2009.
Why I Donât Use the I-Wordâin ANY Form 'Thereâs no conflict between honest reporting and dropping the i-word.' Rinku Sen, Oct. 14, 2010. [I agree. Editors and reporters need to look to the future, not cling to style books from the '50's.]
Matter of Gruenangerl, 25 I&N Dec. 351, Int. Dec. 3698 Matter of Gruenangerl, 25 I&N Dec. 351, Int. Dec. 3698 - The crime of bribery of a public official in violation of 18 U.S.C. Â§ 201(b)(1)(A) (2006) is not an offense ârelating toâ commercial bribery and is therefore not an aggravated felony under section 101(a)(43)(R) of the Immigration and Nationality Act, 8 U.S.C. Â§ 1101(a)(43)(R) (2006).
Staff Attorney, San Antonio 'MALDEF is the nationâs leading non-profit Latino civil rights law firm. Founded in 1968, MALDEF works to safeguard the civil rights of Latinos and to increase the communityâs ability to participate fully in American society. We currently seek a Staff Attorney to serve as lead counsel or co-counsel in state and federal court litigation in the areas of education, employment, immigrants rights and/or voting rights.'
FBA Chicago Chapter Conference: 'What you should know about WORKPLACE ENFORCEMENT and IMMIGRATION' 'Join the FBA Chicago Chapter on November 9, 2010, for its fifth annual all-day conference to discuss federal initiatives on immigration-related workplace enforcement and what that means for employers. Panelists include current and past AILA National Presidents, national policy experts, and private practitioners, as well as ICE, USCIS, DOJ, and DOL representatives from Washington and across the country.'
O/P Visa Reissuance Without Interview 'Certain applicants are eligible to apply for a new visa without having to attend an interview with a U.S. consular officer. If, when you last applied for an O or P visa, you provided a complete set of your fingerprints and you are applying to renew the same category of visa that is either still valid or has expired within the last 12 months, you may be eligible for the Visa Reissuance Program and exempt from appearing in person for an interview with a consular officer.' U.S. Embassy, London.
The New American Electorate 'The ranks of registered voters who are New Americans, or Latino or Asian, have been growing rapidly this decade and are likely to play an increasingly pivotal role in elections at all levels in the years to come, particularly in battleground states like Florida, Colorado, Nevada, and New Mexico.' IPC, Oct. 14, 2010.
C-SPAN gets OK to televise immigration hearing 'C-SPAN has won permission to bring up to two video cameras into an appeals court hearing in Gov. Jan Brewer's appeal of a ruling that put parts of Arizona's new immigration law on hold. The network had asked the 9th U.S. Circuit Court of Appeals in San Francisco for permission to televise arguments from both sides at the Nov. 1 hearing.' AP, Oct. 13, 2010.
David Taylor: Working the Line Essays by Hannah Frieser and Luis Alberto Urrea. Clothbound, 11 x 10.5, 148 pgs with a 48-page accordion-fold book, 120 color illustrations. Radius Books. [Fifty bucks and worth every penny. More than a coffee- table picture book, this visual essay brings the border to life. Visit his website to preview the images.]
Train To Nowhere 'When the bodies of eleven Central Americans and Mexicans were found inside a freight car in Denison, Iowa, the nation took notice. Reporters descended on the small farming community, searching for information about how and why this group ended up inside a locked railcar, where they would die horrific deaths. The documentary, âTrain to Nowhere; Inside an Immigrant Death Investigation,â offers an honest, yet compassionate look at the 2002 deaths of the eleven undocumented immigrants. It takes the viewers from the streets of southern Texas, to the hills of a Guatemalan farm, to the Iowa town where the bodies were found.' [Now airing on PBS stations in Iowa; DVD avail.]
PERM FAQs Round 12 U.S. Department of Labor Employment and Training Administration, Office of Foreign Labor Certification, Frequently Asked Questions, Permanent Labor Certification, Round 12, October 8, 2010.
Presidential Memorandum - Refugee Admissions Fiscal Year 2011 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Pursuant to Sections 207 and 101(a)(42), Respectively, of the Immigration and Nationality Act, and Determination Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act, as Amended. Oct. 8, 2010.
Webinar â Online Citizenship Resource Center 'The USCIS Office of Citizenship and Office of Public Engagement invite you to participate in a webinar on Thursday, October 21, 2010 at 12:00 pm (Eastern) to preview the new online Citizenship Resource Center. The Citizenship Resource Center provides immigrants, teachers, and organizations with a one-stop portal for locating citizenship information and preparation materials.'
Padilla v. Kentucky Work Space I've put a few documents and links relating to Padilla in this drop for anyone to view/download. Please let me know if there are other links or documents I should add.
'When I hear the word 'immigration'...' 'When I hear the word âimmigration' all I can think of is my hometown, Queens. I think of the all the bright colored saris lining 74th street and the smell of cardamom ice cream and sizzling samosas. I think of the loud Latin music blasting out of cars and storefronts and of mothers shopping on Roosevelt with their children. I think of schools full of children from all around the world. I think of JFK airport and of all the hopes and dreams that begin there. I think of the 7 train rumbling above it all connecting a world of culture to a world of opportunities. I think of families buying their first Christmas trees and making bad Thanksgiving dinners. I think of coming home and Telemundo is on. I think of the whole world concentrated into once city. I think of everything the rest of America is missing out on.' Miscellany News, Oct. 6, 2010.
ABA 'Lunch and Learn' telecon: The Year of Arizona 'Join Omar Jadwat of the American Civil Liberties Union and William Stock, partner at Klasko, Rulon, Stock & Seltzer, LLP, for a discussion of the legal issues at stake and what the outcome of the Arizona legislation means for your state.'
Interim Memo for Comment Implementation of Provisions of Public Law 111-230 Instituting Increased Fees for Certain H-1B and L-1 Petitions and Applications; USCIS, Oct. 6, 2010.
Applicants Invited for 2011 Journalism Fellowships on Immigration 'Applications are being accepted for a journalism fellowship program focusing on U.S. immigration issues. Fifteen professional fellowships will be awarded to journalists seeking to report on the complexities of immigration with clarity, depth and context. The 2011 program, âImmigration in the Heartland,â will take place March 5-12 in Oklahoma and Texas. In addition to matters affecting the nationâs Heartland, the program will explore immigration issues being played out across the nation, including state legislation and labor, education and legal topics.'
DOL on proposed H-2B PWD 'Under the proposed rule, the prevailing wage would be based on the highest of the following: * Wages established under an agreed-upon collective bargaining agreement. * A wage rate established under the Davis-Bacon Act or the Service Contract Act for that occupation in the area of intended employment. * The arithmetic mean wage rate established by the Occupational Employment Statistics wage survey for that occupation in the area of intended employment. The proposed rule eliminates the use of private wage surveys, as well as the current four-tier wage structure that differentiates wage rates by the theoretical level of experience, education and supervision required to perform the job, a system that is not relevant to the unskilled positions generally involved in the H-2B program.' DOL, Oct. 4, 2010.
CLINICAL FELLOWSHIP IN THE ASYLUM AND HUMAN RIGHTS CLINIC, UNIVERSITY OF CONNECTICUT SCHOOL OF LAW 'The University of Connecticut School of Law invites applicants for an anticipated opening as an assistant clinical instructor of law serving in a three-year position as the William R. Davis Clinical Fellow, beginning in the summer of 2011. This position will offer a practicing attorney with an interest in clinical teaching the opportunity to refine his or her teaching and supervisory skills while working together with experienced faculty members in a law school clinical program.'
LexisNexis Announces Launch of LexisÂ® Advance for Solos 'Created through close collaboration with solo practice lawyers to meet their unique requirements, Lexis Advance for Solos is the first online legal research solution built specifically for solo attorneys, transforming how users access and manage trusted information and services from LexisNexisÂ® to generate better outcomes for their practice and for their clients.' Oct. 5, 2010.