Bender's Immigration Bulletin - Daily Edition
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Careless Detention: Part 3 of 4
"Many immigration detainees endure substandard medical care, but people with mental illness are relegated to the darkest and most neglected corners of the system." Washington Post, May 13, 2008.

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ICE raid in Postville, Iowa
"The largest workplace raid in Iowa history Monday resulted in the arrest of more than 300 people and reignited the debate over immigration." Des Moines Register, May 12, 2008; links to stories; multimedia.

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Passports: The new chads
"A disturbing story from Missouri suggests that Republican mafia dons are plotting a new way to frustrate the popular will as the voters get set to blow them Katrina-style into a Level 5 pile of political rubble. The new scam is a proposed referendum to require voters to show proof of U.S. citizenship. The cynicism of this latest alarmist ‘illegal immigrant’ panic is mind-boggling. Given the miniscule numbers of voter fraud cases actually found or even conceivable, the plot obviously has nothing to do with protecting the electoral process. But it might be a great way to play on people’s xenophobic fears to reverse the results of the next election." Biped Twilight, May 12, 2008.

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The Myth of Voter Fraud
"There is no evidence that voting by noncitizens is a significant problem. Illegal immigrants do their best to remain in the shadows, to avoid attracting government attention and risking deportation. It is hard to imagine that many would walk into a polling place, in the presence of challengers and police, and try to cast a ballot. There is, however, ample evidence that a requirement of proof of citizenship will keep many eligible voters from voting." New York Times Editorial, May 13, 2008.

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Careless Detention: Part 2 of 4
"Beset by Medical Problems as She Fights Deportation, A U.S. Resident Struggles to Get the Treatment She Needs" Washington Post, May 12, 2008.

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In asylum cases, immigration judges under a lot of pressure
"Our country has a legacy of providing due process to everyone," says Judge Dana Marks of San Francisco, president of the National Association of Immigration Judges. "These are death penalty cases at times. If they are denied, some of these people are facing death. We are not providing that due process. It's a very serious situation." Palm Beach Post, May 10, 2008.

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What Social Security Isn’t Meant to Do
"To hear some in Congress tell it, the federal government urgently needs to expand its electronic employment verification system, E-Verify, to all corners of the country and force every business to use it. But a hearing in the House last week raised serious questions about the costs and collateral damage of that expansion, the latest scheme by hard-liners to slam the door shut on unauthorized immigrant workers." New York Times Editorial, May 12, 2008.

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Bittersweet Reunions Span U.S. Border
Mexican Mothers Get Glimpse of Kin; Washington Post, May 11, 2008.

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Careless Detention: A Closer Look At 83 Deaths
"Based on confidential medical records and other sources, The Washington Post identified 83 deaths of immigration detainees between March 2003, when the Immigration and Customs Enforcement agency was created, and March 2008. The Post found that 30 of the deaths were questionable." Washington Post, May 11, 2008.

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Careless Detention: document archive
Washington Post, May 11, 2008.

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Careless Detention: Part 1 of 4
Day 1 of a special 4-day Washington Post report, including links to documents, videos, more: "They are locked in a world of slow care, poor care and no care, with panic and coverups among employees watching it happen, according to a Post investigation. The investigation found a hidden world of flawed medical judgments, faulty administrative practices, neglectful guards, ill-trained technicians, sloppy record- keeping, lost medical files and dangerous staff shortages. It is also a world increasingly run by high-priced private contractors. ... Some 83 detainees have died in, or soon after, custody during the past five years. The deaths are the loudest alarms about a system teetering on collapse." Washington Post, May 11, 2008.

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Mexico's Mother's Day on the Border
"In a beachfront neighborhood of Tijuana, Playas de Tijuana, families from Mexico and the United States visit through the border fence on Mother's Day, under the watchful eyes of the border patrol." Slide show, Washington Post, May 11, 2008.

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The jaguar hits a wall
"CNN's Rusty Dornin reports on a barrier against efforts to preserve the jaguar -- the border wall with Mexico." CNN video, May 5, 2008.

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L.A. Mayor: Build bridges, not walls
"There are those who believe that we North Americans can only hope to resolve this issue by building a wall. I came to Mexico to say, that we don't need to build walls, we need to build bridges." Office of the Mayor, City of Los Angeles, ANTONIO R. VILLARAIGOSA, “Bridges not Walls” - An Address to the United States-Mexico Chamber of Commerce, May 3, 2007.

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The Wall of Hate
"Muro del Odio, Wall of Hate, is one name border residents have given to the forbidding barricade the Department of Homeland Security plans to build in Texas communities like Presidio, where residents rely on their Mexican sister, Ojinaga, for commerce and company. Current staff writer and investigative journalist Greg Harman is traveling along the course of the Rio Grande, visiting with community activists, ranchers, cowboys, and elected officials about their fears, hopes, and resistencia." San Antonio Current.

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Let Them In: The Case for Open Borders
"A conservative columnist makes an eye- opening case for why immigration improves the lives of Americans and is important for the future of the country. Separating fact from myth in today’s heated immigration debate, a member of the Wall Street Journal editorial board contends that foreign workers play a vital role in keeping America prosperous; that maintaining an open-border policy is consistent with free-market economic principals; and that the arguments put forward by opponents of immigration ultimately don’t hold up to scrutiny. In the course of his fourteen years at the Journal, Riley has covered immigration’s impact on our economy, our culture and our politics. He is an outspoken advocate of free and flexible labor markets, and in this timely book he argues that our open-immigration policy goes a long way toward explaining the difference between robust economic growth in the United States and stagnation in places like Europe. In lucid, jargon-free prose, Riley takes on the most common anti-immigrant complaints, including claims that today’s immigrants overpopulate the United States, steal jobs, depress wages, don’t assimilate, and pose an undue threat to homeland security. As the 2008 presidential election approaches with immigration reform on the front burner, Let Them In is essential reading for liberals and conservatives alike who want to bring an informed perspective to the discussion." [Forthcoming in May 2008, Gotham Books.]

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MORE NEWS
Click the link, scroll down to Immigration Law News, return often.

 

Admissions Control
"Outside North Carolina, the focus of the undocumented student debate nationally has been the question of extending in-state tuition rates to illegal immigrants — what Michael A. Olivas, a law professor at the University of Houston and expert in immigration and higher education law, calls “a second-order question.... Even the federal statute that says a state may or may not either grant or withhold resident tuition assumes, logically, that the students may enroll.”" InsideHigherEd.com, May 13, 2008.

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DOJ joins ICE in Iowa raid
ICE and DOJ joint enforcement action at Iowa meatpacking plant; ICE press release, May 13, 2008.

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Idea of the Day: Increase and Diversify Legal Immigration
"The quest to create a modern, effective immigration system should not force us into a false choice between highly educated and family-based forms of immigration. Instead, comprehensive immigration reform should be a vehicle for creating more permanent legal immigration into the United States by individuals from across the socioeconomic spectrum. Doing so would not only be true to our traditional values; it is an economic imperative." Center for American Progress, May 13, 2008.

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VISA BULLETIN FOR JUNE 2008
"EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY: Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year." DOS website.

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CBP Names New Philadelphia Area Port Director
"Michael Lovejoy, director of U.S. Customs and Border Protection Baltimore field operations, announced today the appointment of Allan J. Martocci as area port director in Philadelphia. Martocci will lead about 300 CBP officers, agriculture specialists and other employees focused on border security, trade and agriculture compliance, and passenger operations at ports of entry’s in Pennsylvania, Delaware and southern New Jersey." CBP, May 9, 2008.

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Give us our ‘green cards,’ Pinoys in CNMI urge US
"Hundreds of Filipinos and other foreign workers on Saturday held a candlelight vigil to press for lawful permanent residence – or “green cards" – to thousands of guest workers in the US Commonwealth of the Northern Mariana Islands (CNMI), two days after US President George Bush signed a measure applying federal immigration to the CNMI." GMANews, May 11, 2008.

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Light posting through May 18th
Your editor will be on the road [have laptop and BlackBerry, will travel] the week of May 12th, so posting to BIB Daily Edition may be lighter than usual. Be sure to catch all four parts of the Washington Post special, "Careless Detention," by Dana Priest and Amy Goldstein.

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5th Annual Immigration Law and Policy Conference
"2008 and Beyond: Immigration Challenges the New Administration Will Confront; Georgetown University Law Center, Hart Auditorium, Tuesday, May 20, 2008; This conference offers law and policy analysis and discussion on cutting-edge immigration issues. Featured panelists will include high-ranking government officials, academics, advocates, and immigration experts."

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ONLINE FOREIGN DEGREE EQUIVALENCY DATABASE
"Attorneys are reporting that the Administrative Appeals Office (AAO), and the USCIS Nebraska and Texas Service Centers are issuing RFEs in EB2 and EB3 I-140 cases that challenge or question the equivalency of the beneficiary's degree to the U.S. degree required in the petitioner's approved labor certification based on an online foreign degree equivalency database known as the AACRAO EDGE database." BIB Daily Edition, May 8, 2008.

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The Social Security Administration No-Match Program: Inefficient, Ineffective, and Costly
"This report provides an overview of SSA’s no-match letter program, a summary of DHS’s new supplemental proposed rule regarding no-match letters, and an overview of the unintended consequences of no-match letters that are sent to employers." IPC, May 2008.

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Immigration Debate: NYC, May 15, 2008
"On May 15, the National Discussion and Debate Series will host the final debate of its 2007-2008 season in the New York Public Library. Four participants will have one hour to debate the proposed resolution: "Our national interests require a path to citizenship for the 12 million illegal immigrants presently here." Tamar Jacoby, CEO and President of ImmigrationWorks, and Eliseo Medina, International Executive Vice President of the Service Employees International Union, will argue for the resolution. Vernon Briggs, Emeritus Professor of Industrial and Labor Relations at Cornell University, and Mark Krikorian, Executive Director of the Center for Immigration Studies, will argue against. Eminent award-winning journalist Robert MacNeil will moderate the debate."

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Unaccompanied Alien Children in Immigration Proceedings
EOIR Fact Sheet, revised Apr. 22, 2008.

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What is a Sanctuary?
"The word sanctuary has recently received significant attention in the political arena and is likely to receive further examination as calls for stricter enforcement of immigration law continue. But what precisely is a sanctuary, particularly in the context of today's immigration issues?" Prof. Rose Cuison Villazor, Southern Methodist University Law Review, Vol. 61, No. 133, 2008.

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OCIJ on Application of the Practice Manual to Pending Cases
"The purpose of this Operating Policies and Procedures Memorandum (OPPM) is to address the application of the Practice Manual's filing deadlines to non-detained cases pending on July 1, 2008." EOIR, Apr. 23, 2008.

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The Business of Detention
The nation's largest private prison company has partnered with the federal government to detain close to 1 million undocumented people in the past 5 years until they are deported. In the process, Corrections Corporation of America has made record profits. Critics suggest the CCA cuts corners on its detention contracts in order to increase its revenue at expense of humane conditions. Thanks to political connections and lobby spending, it dominates the industry of immigrant detention. CCA now has close to 10,000 new beds under development in anticipation of continued demand." © 2008 | Renee Feltz and Stokely Baksh | Columbia University Graduate School of Journalism.

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NLG-NIP to honor Hiroshi Motomura
"Join Us at a Benefit Reception to Honor Hiroshi Motomura, Friday, June 27, 2008, 6:00-7:30 p.m., AILA Annual Conference, Pan Pacific Hotel, Oceanview Suites 2-4, Vancouver, B.C., Canada."

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AILF Litigation Clearinghouse Newsletter
April 15, 2008: "This issue of AILF's Litigation Clearinghouse Newsletter covers a recently filed naturalization delay class action, a damages suit against USICE employees for violating 4th and 5th Amendment rights during home raids, and a recent decision regarding the confidentiality of asylum applications."

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5th Annual Immigration Law and Policy Conference
2008 and Beyond: What Immigration Challenges Will the New Administration Inherit? Georgetown University Law Center, Tuesday, May 20, 2008.

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EOIR Extends Effective Date of the Immigration Court Practice Manual
"The Executive Office for Immigration Review (EOIR) announced today that it has extended the effective date of the “Immigration Court Practice Manual” to July 1, 2008, in response to requests from members of the bar. The new date provides an additional 3 months for interested parties to become familiar with the Practice Manual." EOIR, Mar. 13, 2008.

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DOL ETA Notice: Non-Electronic Filing of Applications for Permanent and Temporary Foreign Labor Certification
"The Employment and Training Administration (ETA) announces administrative changes in the locations where future nonelectronic applications must be filed under the permanent foreign labor certification program and temporary foreign labor certification programs administered by the ETA’s Office of Foreign Labor Certification (OFLC). DATES: This Notice is effective on June 1, 2008. Beginning June 16, 2008, applications and attestations filed nonelectronically with the incorrect National Processing Center or the National OFLC will be returned to the filer for proper submission." Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008.

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BIB - Daily Edition vs. BIB?
Readers ask: What is the difference between BIB - Daily Edition and BIB? BIB - Daily Edition is a free online daily immigration news and information service sponsored by Matthew Bender LexisNexis. BIB (Bender's Immigration Bulletin) is a hardcopy subscription-only publication published twice-monthly by Matthew Bender LexisNexis as a current awareness adjunct to the Matthew Bender LexisNexis "Treatise," Immigration Law & Procedure, by Gordon, Mailman and Yale-Loehr. BIB content is uploaded to Lexis. Please write to me at dan@cenizo.com if you are interested in writing articles for BIB, or if you have documents or items you think should be posted on BIB - Daily Edition. Thank you for reading.

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Ninth Circuit Immigration Outline
January 2008. [Large file.]

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MORE CASES OF INTEREST
Check this link often.

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

 

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