Bender's Immigration Bulletin - Daily Edition
E-Mail to Editor: Daniel M. Kowalski RSS Feed

81% support "amnesty"
CNN poll, page 5.

 :::::::::::::::::::::::::::::::::::::::::::

Angelo Paparelli: Congress Must Behave
"Current immigration laws — as admittedly atrocious as they are in many aspects – should not be made more complicated, costly, illogical and unfair by small-scope measures that sound patriotic in theory but are woefully deficient and misguided when the laws of unintended consequences that they would unleash are considered. Congress must work together — Republicans and Democrats — to fix the broken system in a comprehensive way that fully achieves the important national interests that an enlightened immigration policy could serve."

 :::::::::::::::::::::::::::::::::::::::::::

Arizona tribe becomes first to issue enhanced IDs
"A southern Arizona tribe has become the first to issue identification cards with enhanced federal security features to its members. The cards will allow members of the Pascua Yaqui Tribe to enter the United States by land or through a sea port of entry. They were developed after more than a year of consultation with the U.S. Department of Homeland Security." AP, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Blessed Tedium
Why boring decisions are often best.

 :::::::::::::::::::::::::::::::::::::::::::

Border Group Urges Congress to Rethink Deployment
"Border activists are hurling a last-minute plea at Congress to rethink deployment of additional National Guard troops to the region. Two hundred fifty soldiers are scheduled to arrive on the Texas-Mexico border Sunday." Texas Tribune, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Border Is One of America's Safest Places
"The fact is, despite the murderous mayhem raging across the border in Mexico, the U.S. side, from San Diego to Brownsville, Texas, is one of the nation's safest corridors." Time, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Court won't rush Arizona's appeal
"The Ninth Circuit Court refused on Friday to put the constitutional test over Arizona’s authority to control illegal aliens living within its borders on the especially fast schedule that the state had asked, adopting instead a plan that follows its normal pace for handling cases of this kind." Lyle Denniston, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Family Crosses U.S.-Canadian Border to Skirt Visa Backlog
When Jay Cho, a legal U.S. resident from South Korea, filed green card applications for his wife and two young children in 1996, he quickly learned a frustration shared by millions of aspiring Americans: the wait time to process their visas would be years. "Up to seven years is torture," said Cho, a 56 year-old software engineer who wanted to take a job in the U.S. and bring his family with him. "I couldn't live without them for that long." So Cho took matters into his own hands." ABC, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Immigration Enforcement on the Rise Under Obama
"Despite grousing from congressmen and state officials in Arizona and Texas — notably Gov. Rick Perry — that the Obama administration has abdicated its role in the protecting the nation's borders from illegal immigration, the Department of Homeland Security’s largest investigative units this year each recorded their highest number of cases referred for prosecution since the Bush administration." Texas Tribune, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Leaked USCIS memo outlines CIR alternatives
"The ideas were outlined in an unusually frank draft memo prepared for Alejandro N. Mayorkas, director of the federal agency that handles immigration benefits, U.S. Citizen and Immigration Services (USCIS). The memo lists ways the government could grant permanent resident status to tens of thousands of people and delay the deportation of others, potentially indefinitely." ProPublica, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

LexisNexis Matthew Bender Author Stephen Yale-Loehr Discusses USA v. Arizona in New York Times; Is Quoted in Wall Street Journal
"U.S. District Court Judge Susan R. Bolton’s ruling in USA v. Arizona was discussed by Stephen Yale-Loehr, co-author of the LexisNexis Matthew Bender 20-volume treatise Immigration Law and Procedure, in The New York Times, July 29, 2010, under "Room for Debate—What’s Next for Arizona?". In addition, Mr. Yale-Loehr was quoted in The Wall Street Journal, July 29, 2010, "Judge Blocks Arizona Law’’, by Miriam Jordan."

 :::::::::::::::::::::::::::::::::::::::::::

Lindsey Graham jumps shark, part 1
Ezra Klein, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Lindsey Graham jumps shark, part 2
"Can this really be what Graham intends? Does he actually think that Congress and three-fifths of state legislatures will undertake a multi-year effort to feed racial conflict in America? No, Graham is merely trying to please his political critics in one sweeping act of surrender. Graham and Sen. John McCain (R-Ariz.) were once examples of conscience on the issue of immigration. McCain, in a tough Senate primary, has backed off his convictions. Graham has now abandoned them. Their political fortunes may recover. Their reputations may never fully recover." Michael Gerson, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Lindsey Graham jumps shark, part 3
"Doris Meissner, a former US Immigration and Naturalization Service Commissioner and senior fellow at the Migration Policy Institute, argued that Graham’s proposal would actually make the current immigration problem worse. This policy, she said, would create a cross-generational underclass that lives in the margins and relies on certain government services. “It’s against our best interests as a country,” Meissner said." Amanda Erickson, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

NLG Legal Observers targeted by police in Arizona
"Roxana Orell, a lawyer and executive officer with the National Lawyers Guild (NLG), was arrested Thursday in Phoenix while acting as an NLG Legal Observer® for a group of individuals protesting the immigration policies of Sheriff Arpaio. Observers of the arrest indicated that Sheriff’s Deputies appeared to target Orell, who was standing behind the crowd and videotaping the arrest of Sunita Patel, another Legal Observer." NLG, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

US closes its consulate in Ciudad Juárez
"A US official said the consulate had closed following a "credible threat"." BBC, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Wa. A.G. brings hammer down on notarios
"Latinos across Washington state lose thousands of dollars, their jobs and the chance to live legally in the U.S. because of erroneous legal advice and a frequently exploited translation hitch. That’s why the Washington Attorney General’s Office today announced three new settlements with individuals accused of illegally providing immigration advice." July 23, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Your editor on the tube
I'd rather be on the BBC, but there's no BBC studio in Austin...

 :::::::::::::::::::::::::::::::::::::::::::

121 groups ask feds to denounce, discard 'Utah list'
"More than 100 civil-rights groups and leaders nationwide are demanding that federal immigration officials throw away the "Utah list" and vow publicly never to use anything like it for immigration enforcement." Deseret News, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Ariz. Immigration Law Is A Challenge For Police
"Even the people who would be charged with enforcing Arizona's controversial new immigration law can't agree on the question of whether it's a good idea." NPR, July 28, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Arizona Girds For Long Legal Fight Over Immigration
"in blocking the heart of the bill, Judge Susan Bolton's ruling could not have been clearer, says Gabriel Jack Chin, a professor of law at the University of Arizona. "It's basically a complete victory for the United States," Chin said. "She [Bolton] regards immigration regulation as a federal responsibility and a federal power."" NPR, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

As Deaths in Desert Soar, an Arizona Morgue Grows Crowded
"The Pima County morgue is running out of space as the number of Latin American immigrants found dead in the deserts around Tucson has soared this year during a heat wave." NYT, July 28, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Attorney Legal Observer Arrested in Arizona Immigration Protests
"This afternoon, CCR Attorney Sunita Patel was arrested as she was carrying out her legal observer duties at a protest of Arizona’s unconstitutional immigration law, SB 1070. As police began a sweep, Ms. Patel began to take down names of those being arrested and was promptly arrested herself. Witnesses say legal observers were deliberately targeted by police." CCR, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Key Provisions Of Arizona Immigration Law Blocked
"Citing federal preemption concerns, Arizona federal district court Judge Susan R. Bolton enjoined four provisions of S.B. 1070, the controversial Arizona immigration statute." LexisNexis, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Lawyer Observing Phoenix Protests Arrested
"Sunita Patel, an attorney with the Center for Constitutional Rights, flew in from New York to provide legal support to a civil disobedience protest against SB 1070 at a downtown Phoenix jail. In an unlikely switch, Sherrif Joe Arpaio’s deputies arrested her and took her to the Third Avenue jail." NAM, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Ruling Is New Hot-Button Issue in Hot Season
"The 2012 presidential election, which will draw a far larger number of voters to the polls, will likely turn on swing voters, including Latinos in key states such as Colorado and Nevada, administration officials said. "I find it incomprehensible that Republicans are almost unanimously negative on this decision," New Mexico Gov. Bill Richardson said. "It's just alienating Hispanic voters.…If Republicans continue to block efforts for comprehensive reform, they're going to suffer at the polls." WSJ, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

2010 Immigration-Related Laws and Resolutions in the States (January-June 2010)
"As of June 30, 2010, 44 state legislatures passed 191 laws and adopted 128 resolutions. Five bills were vetoed, for a total of 314 enacted laws and resolutions, a 21 percent increase over 2009." NCSL, July 20, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Detention and Deportation Consequences of Arizona Immigration Law (SB 1070)
Detention Watch Network, July 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Documentary to depict plight of undocumented students
"Daniela Balderas and Erik Burgos have seen the struggles that fellow students can go through if they are in the country illegally – and they wanted others to see those hardships, too. So, the two Southern Methodist University seniors decided to make a documentary about those students in North Texas. "Typically, when we think of 'undocumented' we always think of an individual that's doing lawn work, washing dishes," Burgos said. "But rarely does the thought of a college student or college graduate cross our mind. We want to capture that side of a broken immigration policy."" Dallas Morning News, July 27, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Federal judge blocks part of Arizona immigration law
"With scant hours to go before a controversial Arizona immigration law goes into effect, a federal judge granted a preliminary injunction Wednesday against the implementation of parts of the law." CNN, July 28, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Get Out Your Tiniest Violin
Even the wealthy have immigration problems. NYT, July 28, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Judge Blocks Key Parts of Immigration Law in Arizona
"A federal judge, ruling on a clash between the federal government and a state over immigration policy, has blocked the most controversial parts of Arizona’s immigration enforcement law from going into effect." NYT, July 28, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Most Arizona employers aren't using E-Verify
"Federal employment data and figures from U.S. Citizenship and Immigration Services requested by The Arizona Republic suggest hundreds of thousands of workers have been hired without being checked against federal records." Arizona Republic, July 28, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Specter of Arizona immigration law slowly drains economy
"Anecdotal evidence from business owners, real estate agents and community leaders indicates the mere specter of the bill has created a culture of fear among Hispanics in Arizona that's slowly paralyzing sectors of the economy." CNN, July 28, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Enforcing Arizona's SB 1070: A State of Confusion
Jeffrey Kaye, July 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Border Views: University experts help shape border debate
"As Americans continue to debate immigration reform, border enforcement and Arizona’s recent legislation, experts from The University of Texas at Austin are offering their views on these issues through a series of online videos. Each week, “Border Views” will showcase a different faculty member discussing such topics as the history of illegal immigration, the unusual political alliances that have developed around this debate and the media’s role in covering it."

 :::::::::::::::::::::::::::::::::::::::::::

Confused, Alone, and in Legal Limbo
"People with mental disabilities, including US citizens, face a greater risk of erroneous deportation by United States Immigration and Customs Enforcement (ICE) because courts do not ensure fair hearings for those not able to represent themselves, Human Rights Watch and the American Civil Liberties Union (ACLU) said in a joint report released today." HRW, July 25, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Deportation by Default
Mental Disability, Unfair Hearings, and Indefinite Detention in the US Immigration System. HRW, July 25, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Out of the Shadows, An ABC News Special Series
""Out of the Shadows" speaks to ten undocumented immigrants and families at the center of the U.S. immigration debate, examining who they are, why they came to the U.S. and what their lives here mean for America's future." ABC News.

 :::::::::::::::::::::::::::::::::::::::::::

USCIS Expands Payment Options at All Domestic Offices
U.S. Citizenship and Immigration Services (USCIS) today announced that beginning October 1, 2010, domestic offices and U.S. territories, including the U.S. Virgin Islands and Guam, will no longer accept cash payment. Eliminating the acceptance of cash will reduce USCIS operating costs. As an alternative to cash, our customers may pay using checks (including personal checks), money orders, and credit cards. USCIS, July 26, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

The Death of Josseline
Immigration Stories from the Arizona-Mexico Borderlands, by Margaret Regan: "She was a little girl with a big name—Josseline Jamileth Hernández Quinteros. Just five feet tall and a hundred pounds, she had an adult-sized responsibility: the fourteen-year-old was to shepherd her ten-year-old brother all the way from Honduras to their mother in Los Angeles. But Josseline fell ill in a remote Arizona desert, just north of the Mexico line, and her smuggler and the rest of her group abandoned her. She died alone in the wilderness in February 2008."

 :::::::::::::::::::::::::::::::::::::::::::

Report Human Trafficking
Report Human Trafficking, 24 Hours: To report suspicious activity to law enforcement: 866-347-2423; To reach a non-governmental organization: National Human Trafficking Resource Center Hotline 888-3737-888.

 :::::::::::::::::::::::::::::::::::::::::::

Harvest of Loneliness
"Arizona’s controversial new immigration law has reignited heated debates on how best to address the country’s growing number of undocumented immigrants. In looking to future policies and programs, says Gilbert Gonzalez, Chicano/Latino studies professor, it’s important to reexamine the past. In a new documentary, “The Harvest of Loneliness: The Bracero Program,” Gonzalez and Vivian Price, an alumna of UCI's political science doctoral program, explore the historical accounts of migrant Mexican farm workers brought into the U.S. from 1942-1964 under the temporary contract worker program known as the Bracero Program." UC Irvine.

 :::::::::::::::::::::::::::::::::::::::::::

Faces of America
"In Faces of America Gates explores the family trees of twelve of America’s most recognizable and extraordinary citizens, individuals who learn that they are of Asian, English, French, German, Irish, Italian, Jamaican, Jewish, Latino, Native American, Swiss, and Syrian ancestry: Inaugural poet Elizabeth Alexander, chef Mario Batali, comedian and television personality Stephen Colbert, writer Louise Erdrich, writer Malcolm Gladwell, actress Eva Longoria, cellist Yo Yo Ma, writer and director Mike Nichols, former monarch of Jordan Queen Noor, surgeon and author Dr. Mehmet Oz, actress Meryl Streep, and Olympic gold medalist and figure skater Kristi Yamaguchi."

 :::::::::::::::::::::::::::::::::::::::::::

DREAM Act Fact Check
What Would the DREAM Act Do? * Who Would Benefit from the DREAM Act? * What are the Economic Benefits of the DREAM Act? * What are the Additional Benefits of the DREAM Act? * The DREAM Act in Congress * Why has the DREAM Act Failed to Become Law? * Who Supports the DREAM Act? * DREAMs Coming True in the States * IPC, July 13, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

New media immigration blog
"90DAYSTOPHOENIX.com is an independent media project that documents Arizona’s ongoing struggle to sift through the truth and lies behind the immigration debate. Journalists, photographers, filmmakers and citizens come together to provide a real-time on-the-ground account of SB 1070 developments, and give a larger audience an inside look at this unfolding historic moment in Arizona."

 :::::::::::::::::::::::::::::::::::::::::::

As Many as 2.1 Million Young People Could Be Eligible for the DREAM Act, Though Far Fewer Would Meet its Education or Military Service Requirements for Legalization
"Slightly more than 2.1 million unauthorized immigrant youth and young adults could be eligible to apply for legal status under the DREAM Act legislation pending in Congress, according to a new Migration Policy Institute analysis that offers the most recent and detailed estimates of potential beneficiaries by age, education levels, gender, state of residence and likelihood of gaining legalization. Prepared by MPI's National Center on Immigrant Integration Policy, DREAM vs. Reality: An Analysis of Potential DREAM Act Beneficiaries, makes clear, however, that far fewer people would likely obtain legal status because of barriers limiting their ability to take advantage of the legislation's educational and military routes to legalization. In the report, authors Jeanne Batalova and Margie McHugh estimate that only 38 percent -- or 825,000 -- of the 2.1 million potentially eligible DREAM Act beneficiaries likely would gain permanent legal status." MPI, July 2010.

 :::::::::::::::::::::::::::::::::::::::::::

A nation joined heart to hand
Sweet Honey in The Rock!

 :::::::::::::::::::::::::::::::::::::::::::

After the Earthquake
A bulletin for child welfare organizations assisting Haitian families in the United States, The Annie E. Casey Foundation, July 2010.

 :::::::::::::::::::::::::::::::::::::::::::

CIS Ombudsman Submits 2010 Annual Report to Congress
"Today, I submitted the 2010 Annual Report to Congress on behalf of the Office of the Citizenship and Immigration Services Ombudsman. As required by statute, this report details the Ombudsman’s case assistance work and the systemic recommendations made to USCIS during the past year, as well as summarizes pervasive and serious problems the public encounters when seeking citizenship and immigration services from USCIS." January Contreras, DHS, June 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Experts Agree that Border is More Secure than Ever: Now What?
"Ted Alden of the Council on Foreign Relations stated that “reform is being held hostage to an idea of border security that isn’t defined.” Secretary of Homeland Security Janet Napolitano has said that those opposed to CIR keep “moving the goalposts.” David Martin stated, “It is artificial to separate out border security and make it a condition for reform.” Once again, those who call for “enforcement first” have been put on the spot. Will any amount of enforcement ever be enough to move them to the next step? Will they continue to move the goalposts? Or will they finally recognize that comprehensive immigration reform is ultimately about securing our borders?" Immigration Impact, June 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Immigration research at ASU
"This website presents research about how communities are responding to unauthorized immigration. We focus particularly on the challenges that confront local police departments in communities where immigration has become a political issue. The website includes a summary of the results of a national survey of police executives, as well as related work by this research team and other sources. Also included here is a reference list of relevant research and policy information related to immigration, communities, and policing."

 :::::::::::::::::::::::::::::::::::::::::::

Reforming America's Immigration Laws: A Woman's Struggle
"While immigrant communities across the nation endure the long wait for immigration reform, there are roughly 19 million immigrant women and girls currently in the U.S. Immigrant women, particularly the undocumented, are often more vulnerable than their male counterparts, lack the same economic opportunities, and experience exploitation while crossing the border, while working and even in their own homes. In short, immigrant women have become the silent victims of a broken immigration system. In IPC’s latest Special Report, Reforming America’s Immigration Laws: A Woman’s Struggle, immigration attorney Kavitha Sreeharsha lays out the economic and social disparities, legal barriers to current immigration law and the many dangers hard-working immigrant women are forced to endure." IPC, June 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Removing Refugees: U.S. Deportation Policy and The Cambodian-American Community
"Although the United States may deport non-citizens to protect its borders, the experience of the Cambodian-American community highlights how the current U.S. system violates basic principles of equity and reasonableness. It may also infringe upon internationally recognized human rights principles, including proportionality, the protection of refugees, the right to health, and the right to family. This Report urges the United States to reconsider its current approach to deportation and recognize the devastating effects of this policy on refugees, LPRs and U.S. citizens." Walter Leitner International Human Rights Clinic at Fordham University School of Law, Spring 2010.

 :::::::::::::::::::::::::::::::::::::::::::

RIGHTS OF UNDOCUMENTED WORKERS UNDER FEDERAL LAW
Gary Endelman and Cyrus D. Mehta, June 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Ending Birthright Citizenship Would Not Stop Illegal Immigration
Ending Birthright Citizenship Would Be Unconstitutional, Impractical, Expensive, Complicated and Would Not Stop Illegal Immigration. IPC, June 2010.

 :::::::::::::::::::::::::::::::::::::::::::

 

9th Cir. won't expedite Ariz. appeal of injunction
"To the extent that appellants seek to expedite the appeal beyond the provisions of Ninth Circuit Rule 3-3(b), appellants’ motion is denied."

 :::::::::::::::::::::::::::::::::::::::::::

DHS and Pascua Yaqui Tribe Announce Historic Enhanced Tribal Card
"The Pascua Yaqui Tribe—located approximately sixty miles from the U.S.-Mexico border—has more than 17,000 members, many of whom have relatives residing on both sides of the border. Both the Pascua Yaqui Tribe and its Yaqui cousins in Mexico regularly visit each other for religious, cultural, and tribal purposes." DHS, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

DOJ OSC on TPS/DED I-9 issues
"Employers Should Know" flyer, undated.

 :::::::::::::::::::::::::::::::::::::::::::

EOIR Announces Latest Disciplinary Actions Under Rules of Professional Conduct
EOIR, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

HOW USCIS CAN STOP GOING BROKE AND DO THE RIGHT THING
Gary Endelman and Cyrus D. Mehta solve most of USCIS' problems in less than 2,100 words.

 :::::::::::::::::::::::::::::::::::::::::::

Leaked Mayorkas Memo on CIR Alternatives
Undated.

 :::::::::::::::::::::::::::::::::::::::::::

Matter of Reza-Murillo, Int. Dec. 3689, 25 I&N Dec. 296 (BIA 2010)
Matter of Reza-Murillo, Int. Dec. 3689, 25 I&N Dec. 296 (BIA 2010) - A grant of Family Unity Program benefits does not constitute an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2006), for purposes of establishing that an alien has accrued the requisite 7-year period of continuous residence after having been “admitted in any status” to be eligible for cancellation of removal under section 240A(a)(2) of the Act, 8 U.S.C. § 1229b(a)(2) (2006).

 :::::::::::::::::::::::::::::::::::::::::::

Military Naturalizations: USCIS Generally Met Mandated Processing Deadlines, but Processing Applicants Deployed Overseas Is a Challenge
GAO, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Sixth Circuit on DHS misbehavior, jurisdiction, reinstatement
You have to read it to believe it. Hats off to Elliott Ozment for fighting the good fight! Villegas de la Paz v. Holder, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

State Department: Undercover Tests Show Passport Issuance Process Remains Vulnerable to Fraud
"State's passport issuance process continues to be vulnerable to fraud, as the agency issued five of the seven passports GAO attempted to fraudulently obtain." GAO, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

State E-Verify laws show mixed results
"Recent news reports from Arizona and Mississippi (two of the “mandatory E-Verify” states) highlight the challenges and successes in implementing a localized E-Verify requirement." John Fay, July 30, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Summer 2010 OSC Update
The Office of Special Counsel for Immigration-Related Unfair Employment Practices, Summer 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Third Circuit on jurisdiction, cancellation
"We will grant Pareja’s petition to the extent it relates to the BIA’s consideration of the number of her qualifying relatives, and remand this case to the BIA for the limited purpose of allowing it to clarify or to reconsider its application of Matter of Recinas to this case. We will deny Pareja’s petition to the extent it asks us to overrule Matter of Monreal." Pareja v. Atty. Gen., July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Barbara Hines is the National Immigration Project's 2010 Carol Weiss King Award Recipient
NIP/NLG, July 2010.

 :::::::::::::::::::::::::::::::::::::::::::

CDJ closed July 30th
"The U.S. Consulate General in Ciudad Juarez is closed on July 30, 2010 to review its security posture. American citizens are advised avoid the area around the Consulate General until it reopens. Authorities are investigating the situation." U.S. Dept. of State, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

ICE deportation stats, FY2007-2010
ICE, July 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

RETHINKING IMMIGRATION DETENTION - Final
Anil Kalhan, Associate Professor of Law, Drexel University Earle Mack School of Law, July 21, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

USCIS Policy Memo on TVPRA
Changes to T and U Nonimmigrant Status and Adjustment of Status Provisions; Revisions to Adjudicator’s Field Manual (AFM) Chapters 23.5 and 39 (AFM Update AD10-38); July 21, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Bolton decision: USA v. Arizona
July 28, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Matter of Quilantan, Int. Dec. 3688, 25 I&N Dec. 285 (BIA 2010)
Matter of Quilantan, Int. Dec. 3688, 25 I&N Dec. 285 (BIA 2010) - For purposes of establishing eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2006), an alien seeking to show that he or she has been “admitted” to the United States pursuant to section 101(a)(13)(A) of the Act, 8 U.S.C. § 1101(a)(13)(A) (2006), need only prove procedural regularity in his or her entry, which does not require the alien to be questioned by immigration authorities or be admitted in a particular status. Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), reaffirmed. [Sunny Azhar rocks!]

 :::::::::::::::::::::::::::::::::::::::::::

OIL June 2010 Litigation Bulletin
USDOJ, June 2010.

 :::::::::::::::::::::::::::::::::::::::::::

What Is Immigration Fraud?
Virginia State Bar, July 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Is Padilla retroactive? Courts disagree
NYLJ, July 27, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Taking Local Control
"While state and local immigration policy activism in the U.S. has received widespread attention in the popular media, the scholarly literature has been dominated by studies of immigration policy at the federal level. This volume aims to fill the gap by offering perspectives from political scientists, legal scholars, sociologists, and geographers at the leading edge of this emerging field. Drawing on high profile case studies, the contributors seek to explain the explosion in state and local immigration policy activism, account for the policies that have been considered and passed, and explore the tensions that have emerged within communities and between different levels of government as a result."

 :::::::::::::::::::::::::::::::::::::::::::

Padilla v. Kentucky: Post-Decision SCOTUScast
July 23, 2010, Margaret D. Stock.

 :::::::::::::::::::::::::::::::::::::::::::

National Immigration Project Announces 2010 Carol Weiss King Award Recipient: Prof. Barbara Hines
"Barbara Hines directs the immigration clinic at the University of Texas School of Law. Professor Hines was a two-time Fulbright scholar in Argentina, researching Argentine immigration law and also teaching U.S. immigration law, respectively. She served as the first Co-Director of the Lawyers Committee for Civil Rights Under Law of Texas, Immigrant and Refugee Rights Project, and is a member of the Board of Directors of the National Immigration Project. Ms. Hines has litigated extensively in federal and immigration courts on the constitutional and statutory rights of immigrants."

 :::::::::::::::::::::::::::::::::::::::::::

Graphic unintended irony?
Look at the photo on the cover of the ICE "Online Detainee Locator System" brochure. Is the woman a wife and a green card holder? Is the little girl the daughter and a U.S. citizen? Is the husband (locked up by ICE) about to be deported forever, destroying this "mixed" family?

 :::::::::::::::::::::::::::::::::::::::::::

Online Detainee Locator System
"Use this page to locate a detainee who is currently in ICE custody, or who was released from ICE custody for any reason within the last 60 days."

 :::::::::::::::::::::::::::::::::::::::::::

I-9 Final Rule: Electronic Signature and Storage
"This final rule amends Department of Homeland Security regulations to provide that employers and recruiters or referrers for a fee who are required to complete and retain the Form I–9, Employment Eligibility Verification, may sign this form electronically and retain this form in an electronic format. This final rule makes minor changes to an interim final rule promulgated in 2006. DATES: This final rule is effective August 23, 2010." Federal Register / Vol. 75, No. 140 / Thursday, July 22, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

AILA v. DHS FOIA lawsuit
Links to pleadings, press release. Case 1:10-cv-01224-EGS, Filed 07/20/10, D.C.D.C.

 :::::::::::::::::::::::::::::::::::::::::::

OSC job in DC
"The U.S. Department of Justice, Civil Rights Division http://www.justice.gov/crt/index.php is seeking an experienced attorney for the position of Special Policy Counsel in the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC or Office of Special Counsel), http://www.justice.gov/crt/osc/ in Washington, D.C."

 :::::::::::::::::::::::::::::::::::::::::::

Attorney, Immigration Clinic, Univ. of Miami
"The University of Miami School of Law invites applicants for the position of Attorney, Public Service (Supervising Attorney & Teaching Fellow) in its Immigration Clinic. The attorney/fellow will have the opportunity to join the vibrant and supportive clinical community at the School of Law. Together with the clinic's director, Rebecca Sharpless, the attorney / fellow will help run the Immigration Clinic, including assisting in the teaching of clinic classes, supervising students, and representing clients."

 :::::::::::::::::::::::::::::::::::::::::::

Clarifying Guidance on “O” Petition Validity Period
Revisions to the Adjudicator’s Field Manual, (AFM) Chapter 33.4(e)(2), AFM Update AD10-36. "This Policy Memorandum (PM) provides guidance for processing and adjudicating Form I-129, Petition for Nonimmigrant Worker, filed on behalf of O nonimmigrants, with regard to determining the appropriate validity period of an approvable petition when a gap exists between two or more events reflected in the itinerary." USCIS, July 20, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

CIS Ombudsman Submits 2010 Annual Report to Congress
PDF, 144 pages - 3.5 MB, 6/30/2010.

 :::::::::::::::::::::::::::::::::::::::::::

Operation Streamline: Drowning Justice and Draining Dollars along the Rio Grande
Grassroots Leadership, July 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Proposed Fee Waiver Fact Sheet
USCIS, July 16, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

USCIS Publishes First-Ever Proposed Fee Waiver Form; Agency Actively Seeks Public Comment
"U.S. Citizenship and Immigration Services (USCIS) has proposed for the first time a standardized fee waiver form in an effort to provide relief for financially disadvantaged individuals seeking immigration benefits. USCIS has published a notice in the Federal Register seeking public comment on the proposed form – Form I-912, Request for Individual Fee Waiver." USCIS, July 16, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Duke Law Journal showcases immigration law
Fortieth Annual Administrative Law Issue: Immigration Law and Adjudication, Volume 59, May 2010, Number 8. [Links to articles in PDF.]

 :::::::::::::::::::::::::::::::::::::::::::

Draft I-912, Request for Individual Fee Waiver
Regulations.gov, July 15, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

For download: CBP Inspector's Field Manual
Over 1,400 pages; 76 MB. Obtained via FOIA by Stephen W. Yale-Loehr. Thanks, Steve!

 :::::::::::::::::::::::::::::::::::::::::::

Temporary Protected Status Registration Period Extended for Haitian Nationals
USCIS Update, July 12, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

USCIS Announces Six Additional Months for Haitian Nationals to Seek Temporary Protected Status
USCIS News Release, July 12, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Visa Bulletin for August 2010
See notes D, E and F regarding: RETROGRESSION OF THE MEXICO FAMILY FOURTH PREFERENCE CUT-OFF DATE: APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF “OTHERWISE UNUSED” NUMBERS; and DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA). Department of State Publication 9514, CA/VO:July 9, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

OSC on discrimination
"Because temporary visa holders and applicants for adjustment of status to permanent residence are not protected from citizenship status discrimination, an employment decision made exclusively on the basis of an individual's status as a temporary visa holder or as an applicant for adjustment of status to permanent residence would not run afoul of the anti-discrimination provision. Thus, decisions not to hire individuals based solely on their need for visa sponsorship or their need for a written employer submission to USCIS, either currently or in the future, would generally not be actionable under the INA's anti- discrimination provision." OSC, June 29, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

China NIV News: U.S. Embassy and Consulates Liberalize Interview Appointment Policy
"Effective immediately, non-immigrant visa applicants may book interview appointments at any U.S. Consular Section in China, regardless of the province or city where they live. Consular Sections are located at the U.S. Embassy in Beijing and U.S. Consulates General in Chengdu, Guangzhou, Shanghai, and Shenyang."

 :::::::::::::::::::::::::::::::::::::::::::

DHS Notice: Extension of TPS for El Salvador
"This Notice announces that the Secretary of Homeland Security has extended the designation of El Salvador for temporary protected status (TPS) for 18 months from its current expiration date of September 9, 2010, through March 9, 2012." Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

June 2010 EOIR Immigration Law Advisor
EOIR, June 2010.

 :::::::::::::::::::::::::::::::::::::::::::

May 2010 OIL Immigration Litigation Bulletin
OIL, May 2010.

 :::::::::::::::::::::::::::::::::::::::::::

NATURALIZING IN A FLAT WORLD
"In our previous article on a related subject, Home Is Where The Card Is: How To Preserve Lawful Permanent Resident Status In A Global Economy, 13 Bender’s Immigration Bulletin 849 (July 1, 2008), we focused on strategies to preserve permanent residence. In this blog post, we examine the tension between our citizenship laws and the global economy, and the challenges it poses to those who desire to naturalize." Gary Endelman and Cyrus D. Mehta, July 8, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

OSC enforcement page improves
More links to more documents.

 :::::::::::::::::::::::::::::::::::::::::::

Matter of Sanchez-Cornejo, 25 I&N Dec. 273 (BIA 2010)
Matter of Sanchez-Cornejo, 25 I&N Dec. 273 (BIA 2010) - The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2006), but it is a violation of a law relating to a controlled substance under former section 241(a)(2)(B)(i) of the Act, 8 U.S.C. § 1251(a)(2)(B)(i) (1994).

 :::::::::::::::::::::::::::::::::::::::::::

New Passport Fees - Effective July 13
New passport fees for the U.S. Passport Book, the U.S. Passport Card, and other passport services will be in effect on Tuesday, July 13, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Aytes on registration
"[T]here are several situations in which aliens in the United States have been lawfully admitted, or are pursuing a process for obtaining a lawful status under Federal immigration law, but will not have filed an application or other form that has been designated as complying with registration requirements, and will not have been issued a document designated as evidence of registration. Nonetheless, DHS is aware of their presence through the processes provided by federal immigration law and may, in certain cases, have affirmatively decided not to pursue either removal or criminal prosecution." June 22, 2010, filed with USA v. Arizona.

 :::::::::::::::::::::::::::::::::::::::::::

Free E-Book: Immigration Law: A Primer
Michael A. Scaperlanda, Associate Dean for Scholarship and Research, Professor of Law, Gene and Elaine Edwards Family Chair in Law, University of Oklahoma College of Law.

 :::::::::::::::::::::::::::::::::::::::::::

ILRC Staff Attorney Job
The Immigrant Legal Resource Center (ILRC) is seeking a full-time staff attorney to further our technical support and capacity building work on behalf of immigrants and the practitioners who defend their rights.

 :::::::::::::::::::::::::::::::::::::::::::

Effects of Puerto Rico Birth Certificate Invalidation on USCIS Benefit Seekers
USCIS, July 2, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Biometric Signature and Affirmation of DS-160 NIV Application
"Consular officers sometimes encounter visa applicants who attempt to repudiate misstatements on their visa applications by claiming that someone else prepared their application and they (the applicants) are unaware of the contents." DOS, May 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Changes to Processing of Applications for Returning Resident Status
"9 FAM 42.22 Notes has been updated to provide guidance on the processing of applications for special immigrant Returning Resident (SB) visas for lawful permanent resident (LPR) aliens who were unable to return to the United States within the validity of their I?551 Permanent Resident Card or reentry permit. The guidance covers where applicants are able to file their DS?117 Application to Determine Returning Resident Status, how post should process such applications, and new procedures for the creation of a permanent refusal record for denied DS?117 applications." DOS, May 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Human Rights Related Ineligibilities
"The United States understands that respect for human rights helps secure peace, deter aggression, promote the rule of law, combat crime and corruption, strengthen democracies, and prevent humanitarian crises. Because the promotion of human rights is an important national interest, the United States seeks to promote greater respect for human rights, including freedom from torture, freedom of expression, freedom of the press, women's rights, children's rights, and the protection of minorities. The United States also seeks to ensure that individuals who have violated or abused human rights do not get safe haven in the United States. To this end, this cable outlines the various visa ineligibilities that are related to human rights violations and abuses. This cable also includes instructions for entering the names of suspected human rights violators and abusers into the Consular Lookout and Support System (CLASS)." DOS, June 2010.

 :::::::::::::::::::::::::::::::::::::::::::

Updates to 9 FAM 40.11 Based on Revised Technical Instructions for Physical, Mental or Substance Related Disorders
"The Centers for Disease Control and Prevention (CDC) have updated the Technical Instructions for Physical or Mental Disorders with Associated Harmful Behavior and Substance Related Disorders (2010 MH TIs). These changes are effective June 1, 2010 and supersede all previous guidance on physical or mental disorders and substance related disorders. The major revisions in the 2010 MH TIs include changes to the methods of diagnosis of mental disorders and substance?related disorders, the definition and determination of remission, and the alcohol abuse evaluation. This cable includes updates to 9 FAM resulting from this change to the Technical Instructions." DOS, June 2010.

 :::::::::::::::::::::::::::::::::::::::::::

IAC Litigation Issue Page: Detention Litigation
IAC, June 2010.

 :::::::::::::::::::::::::::::::::::::::::::

ICE Memo: Civil Immigration Enforcement: Priorities for the Apprehension, Detention and Removal of Aliens
ICE issues memo outlining the agency's civil enforcement priorities for the apprehension, detention and removal of aliens.

 :::::::::::::::::::::::::::::::::::::::::::

Carachuri-Rosendo Practice Advisory & Sample Motions
"The Supreme Court issued its decision in Carachuri-Rosendo v. Holder, Case No. 09-60, 560 U.S. __, (June 14, 2010). It holds that a person who has been convicted of a second or subsequent simple possession of a controlled substance offense has not been convicted of an aggravated felony at least where there was no finding of a prior conviction. In light of this important decision, the National Immigration Project has issued a practice advisory and sample motions."

 :::::::::::::::::::::::::::::::::::::::::::

Lindsay C. Harrison to receive ABA award for Nken
"Lindsay C. Harrison, an associate in the District of Columbia office of national law firm Jenner & Block LLP, is the first recipient of the American Bar Association Rosner and Rosner Young Lawyers Professionalism Award. Harrison’s selection recognizes her commitment, professionalism and effectiveness in volunteer legal work, including representing Jean Marc Nken, a Cameroonian immigrant contesting denial of asylum and a deportation order, that resulted in her making her very first oral court argument in an emergency appeal before the Supreme Court of the United States. She prevailed in April 2009, winning a temporary stay of Nken’s deportation, and she continues to represent Nken in subsequent proceedings before the Board of Immigration Appeals and in settlement negotiations with the federal government." ABA, June 18, 2010.

 :::::::::::::::::::::::::::::::::::::::::::

FREE LEXIS SEARCHABLE CASELAW
Last 5 years of federal appellate caselaw, searchable, free.

 

Resources



 

 
Enter your email address to receive Bender's Immigration Bulletin updates via email: