Friday, October 29, 2004

Ninth Circuit Disallows Immigration Judge Bannishment of Law Firm

BALTAZAR-ALCAZAR v. INS (10/21/04 - No. 02-73363)
Plaintiffs' petition for review is granted where they were


denied the right to counsel when the immigration

judge banned an entire law firm
from representing them at their deportation hearing.
 
To read the full text of this opinion, go to:[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/0273363p.pdf

Thursday, October 28, 2004

AILA's Washington Update October 28, 2004

fileViewer.aspx (application/pdf Object)
Volume 8, Number 13, October 28, 2004
IN THIS ISSUE…
• Every Vote Counts: Information for AILA Members, their Clients, and the Public
• Lame Duck Session is a Certainty: Congress Needs to Address Other Issues
• Senate and House Meet to Conference Intelligence Reform Bills; 9/11 Commissioners
and Families Seek Removal of Anti-Immigrant and Law Enforcement Provisions
• H Blackouts: New Fiscal Year Shuts Door on H-1B Visas, Signals Imminent Exhaustion
of H-2B Visa Program
• President Signs $33.1 Billion Homeland Security Bill with Prohibition on Outsourcing
• House, Senate Each Pass Bills to Extend J Waiver Program for Physicians
• Congress Sends to President Bill to Allow Electronic Completion and Storage of I-9s
• Senate Passes Unaccompanied Alien Child Protection Act
• House Committee Votes to Ax Diversity Visa Program, While Senate Committee
Approves Bill to Preserve DV Eligibility in the Face of Processing Delays
• Senate Committee Passes Narrowly Targeted L Visa Reform Legislation
• Congress Passes Relief Bill for Family Victimized by 9/11 Hate Crime
• Recently Introduced Legislation
• Recent Rulemaking and Other
• Media Spotlight: Members and Staff in the News

Friday, October 22, 2004

New Labor Certification Policy

Exclusive to Immigration News by Charles Miller.-DOL has issued the "FY 2005 Transition Guidance"(TG) on September 29, 2004. In anticipation of the publication of the PERM final regulation, expected sometime in 2004, the DOL has implemented national procedural changes summarized as follows:

  • If PERM is not published in 2004: Beginning January 1, 2005, State Workforce Agencies (SWAs) will not open a permanent case but will date stamp, and log the case in and forward it to one of the two National Processing Centers (Eastern U.S. cases will go to Atlanta NPC; Western U.S. cases will go to the Chicago NPC).
  • If PERM is published: SWAs will stop accepting Reduction in Recruitment (RIR) and traditional applications on the PERM effective date-61 days after the PERM regulation is published. After the effective date there will be no filing with the SWAs.
  • Backlog Reduction: Beginning in October 2004, the backlog reduction process has begun at the Dallas and Philadelphia Backlog Reduction Centers. Cases will be sent to the BRCs by both the regional DOL certification offices and the SWAs. The backlog will be processed according to the "first in first out" FIFO rule. FIFO processing is expected to benefit the backlogged cases from New York, New Jersey and California where the severity lies.
    BRCs are expected to close in two years, after completing their work. SWAs will continue to work on "open" cases (opened before January 1, 2005) until March 31, 2005. They will be forwarded to either the Atlanta NPC or the Chicago NPC.

Thursday, October 14, 2004

Candidates' Immigration Positions at Third Debate

At the third Presidential debate both candidates expressed strong positions promoting programs to provide employment authorization to foreign workers who are already in the U.S.

The following is the transcript of the immigration portion of the Arizona State University debate:


"SCHIEFFER: Let's go to a new question, Mr. President.

I got more e-mail this week on this question than any other question. And it is about immigration.

I'm told that at least 8,000 people cross our borders illegally every day. Some people believe this is a security issue, as you know. Some believe it's an economic issue. Some see it as a human-rights issue.

How do you see it? And what we need to do about it?

BUSH: I see it as a serious problem. I see it as a security issue, I see it as an economic issue, and I see it as a human-rights issue.

We're increasing the border security of the United States. We've got 1,000 more Border Patrol agents on the southern border.

We're using new equipment. We're using unmanned vehicles to spot people coming across.

And we'll continue to do so over the next four years. It's a subject I'm very familiar with. After all, I was a border governor for a while.

Many people are coming to this country for economic reasons. They're coming here to work. If you can make 50 cents in the heart of Mexico, for example, or make $5 here in America, $5.15, you're going to come here if you're worth your salt, if you want to put food on the table for your families. And that's what's happening.

And so in order to take pressure off the borders, in order to make the borders more secure, I believe there ought to be a temporary worker card that allows a willing worker and a willing employer to mate up, so long as there's not an American willing to do that job, to join up in order to be able to fulfill the employers' needs.

That has the benefit of making sure our employers aren't breaking the law as they try to fill their workforce needs. It makes sure that the people coming across the border are humanely treated, that they're not kept in the shadows of our society, that they're able to go back and forth to see their families. See, the card, it'll have a period of time attached to it.

It also means it takes pressure off the border. If somebody is coming here to work with a card, it means they're not going to have to sneak across the border. It means our border patrol will be more likely to be able to focus on doing their job.

Now, it's very important for our citizens to also know that I don't believe we ought to have amnesty. I don't think we ought to reward illegal behavior. There are plenty of people standing in line to become a citizen. And we ought not to crowd these people ahead of them in line.

BUSH: If they want to become a citizen, they can stand in line, too.

And here is where my opponent and I differ. In September 2003, he supported amnesty for illegal aliens.

SCHIEFFER: Time's up.

Senator?

KERRY: Let me just answer one part of the last question quickly, and then I'll come to immigration.

The American middle class family isn't making it right now, Bob. And what the president said about the tax cuts has been wiped out by the increase in health care, the increase in gasoline, the increase in tuitions, the increase in prescription drugs.

The fact is, the take home pay of a typical American family as a share of national income is lower than it's been since 1929. And the take home pay of the richest .1 percent of Americans is the highest it's been since 1928.

Under President Bush, the middle class has seen their tax burden go up and the wealthiest's tax burden has gone down. Now that's wrong.

Now with respect to immigration reform, the president broke his promise on immigration reform. He said he would reform it. Four years later he is now promising another plan.

Here's what I'll do: Number one, the borders are more leaking today than they were before 9/11. The fact is, we haven't done what we need to do to toughen up our borders, and I will.

Secondly, we need a guest-worker program, but if it's all we have, it's not going to solve the problem.

The second thing we need is to crack down on illegal hiring. It's against the law in the United States to hire people illegally, and we ought to be enforcing that law properly.

And thirdly, we need an earned-legalization program for people who have been here for a long time, stayed out of trouble, got a job, paid their taxes, and their kids are American. We got to start moving them toward full citizenship, out of the shadows.

SCHIEFFER: Do you want to respond, Mr. President?

BUSH: Well, to say that the borders are not as protected as they were prior to September the 11th shows he doesn't know the borders. They're much better protected today than they were when I was the governor of Texas.

We have much more manpower and much more equipment there.

He just doesn't understand how the borders work, evidently, to say that. That is an outrageous claim.

And we'll continue to protect our borders. We're continuing to increase manpower and equipment.

SCHIEFFER: Senator?

KERRY: Four thousand people a day are coming across the border.

The fact is that we now have people from the Middle East, allegedly, coming across the border.

And we're not doing what we ought to do in terms of the technology. We have iris-identification technology. We have thumbprint, fingerprint technology today. We can know who the people are, that they're really the people they say they are when the cross the border.

We could speed it up. There are huge delays.

The fact is our borders are not as secure as they ought to be, and I'll make them secure. "

Sunday, October 03, 2004

Soldiers in Iraq Newest U.S. Citizens

Yahoo! News - World Photos - Reuters