Dueling reforms for immigration courts
"One day before an American Bar Association study called for an additional 100 immigration judges to handle current caseloads, the U.S. Department of Justice proposed funding for 28 new "immigration judge teams" to ensure sufficient resources to handle tens of thousands of new cases and appeals expected from Immigration and Customs Enforcement's "Secure Communities Initiative." The numbers and the need don't exactly add up, at least not for the union representing immigration judges." NLJ, Feb. 8, 2010.

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ICE Agents Lose Track of US Citizens in their Custody, And the Rules for Releasing Them
Prof. Jacqueline Stevens, Feb. 8, 2010.

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Immigrant jail time in Oklahoma County studied
""It’s alarming that the length of detention is significantly higher,” said T. Douglas Stump, an immigration attorney with more than 25 years of experience working in immigration law. Stump said he frequently encounters detained immigrants who have been misled about where they are in the process of dealing with immigration officials. He said this can affect the person’s length of stay in the jail." Oklahoman, Feb. 8, 2010.

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Judge mulls sanctions against Ariz. sheriff office
"A federal judge will decide whether to impose sanctions against the Maricopa County Sheriff's Office for its acknowledged destruction of police records in a lawsuit that accuses deputies of racially profiling countless Hispanics in immigration sweeps." AP, Feb. 4, 2010.

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Morton: ICE will detain "on a grand scale"
"John Morton makes no apology for locking up 380,000 people a year. They haven't been charged with crimes. Rather, they're immigrants, confined to a sprawling network of more than 270 jails and prisons for weeks or months while proceedings to determine whether they'll be allowed to remain in the country are pending. "This isn't a question of whether or not we will detain people. We will detain people, and we will detain them on a grand scale," said Morton, who is head of Immigration and Customs Enforcement (ICE) within the Department of Home­land Security. "It's a necessary power."" NLJ, Feb. 8, 2010.

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Prospects for Immigration Reform Legislation
"Yes, it will take serious bipartisan effort to fashion an immigration reform and system that works for all who have a seat at the table. But the longer the glass is perceived as half-empty, the longer U.S. economic growth and competitiveness, national security, and the well-being of communities and individuals - native-born and immigrant alike – will be handicapped, while at the same time they are increasingly important demographically and politically." Doris Meissner is a senior fellow at the Migration Policy Institute in Washington, D.C., and the former commissioner of the U.S. Immigration and Naturalization Service.

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US wants out of suit over Chinese detainee's death
"U.S. Immigration and Customs Enforcement is one of about two dozen defendants in the lawsuit and seeks to be dismissed on grounds that staffers at the jail are contractors - not government employees. But lawyers for Ng's family see the federal government as a critical target that should be held accountable, especially since it's responsible for enforcing immigration law." AP, Feb. 7, 2010.

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Man risks life for country not his own
"Naji Chammout says the U.S. government trusts him enough to translate for top military commanders in Iraq, but not enough to become a U.S. citizen. "I've waited and waited and waited since 2002 for them to approve my citizenship request, and it's never come," said Chammout, 42, of Dearborn." Detroit Free Press, Feb. 7, 2010.

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Austin federal judge: prosecute criminals, not border jumpers
"In an order filed Friday, a federal judge in Austin questioned U.S. prosecutors for seeking criminal convictions in court against some illegal immigrants, writing that the practice "presents a cost to the American taxpayer ... that is neither meritorious nor reasonable." The order by U.S. District Judge Sam Sparks comes as his docket, like others in Texas, is swollen with defendants charged with immigration crimes." Austin American-Statesman, Feb. 6, 2010.

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Sec. Clinton on trafficking
Remarks on President Obama's Interagency Task Force to Monitor and Combat Trafficking in Persons Hillary Rodham Clinton Secretary of State Jefferson Room Washington, DC February 3, 2010

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Immigration and the United States: Recession Affects Flows, Prospects for Reform
MPI, Jan. 2010.

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Reforming the Immigration System
Arnold & Porter LLC for the ABA Commission on Immigration; Executive Summary.

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The Shadow Prison Industry and Its Government Enablers
"A shadow prison industry has spread to all parts of the federal detention and prison system. It is, with a few exceptions, in complete charge of all immigrant imprisonment and detention at both DOJ and DHS. Because the shadow industry has evolved without a plan or strategy, it has become a bizarre, labyrinthine complex of public and private players that is little understood and frighteningly out of control." Tom Barry, Jan. 2010.

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Mission 4636
"In the wake of the January 12th, 2010 earthquake in Haiti a free phone number (4636) was established to meet the urgent needs of the Haitian people through SMS messaging."

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Does National Geographic's "Border Wars" Series Sensationalize Border Enforcement?
"For years, The National Geographic Channel has remained committed to intelligent and sensitive programming of shows that celebrate the beauty of our planet and the diversity of its cultures. When a channel such as this one gives up its integrity in favor of ratings and in the process, compromises the access to knowledge around an extremely sensitive topic, it is difficult not to be despondent about the future of television." Restore Fairness, Jan. 25, 2010.

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What the Bible Really Says About Immigration
Bruce and Judy Hake, Jan. 2010.

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All Walled Up
"The rust-colored, steel-and-cement wall has become a surreal fixture on Brownsville’s skyline. It cleaves downtown Hope Park, built as a symbol of unity between the United States and Mexico. It stops and starts, without rhyme or reason, along the Rio Grande River’s levees, leaving miles of gaps. It highlights the city’s economic divide: It’s the first thing folks in the poorer barrios see when they look out their windows, while richer folks enjoy unaltered views of palm trees and manicured fairways when they tee off on private golf courses. It zigs and zags through residents’ backyards, through citrus orchards—an ugly red scar on a green, subtropical landscape." Melissa del Bosque, Texas Observer, Jan. 22, 2010.

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Haitian Pro Bono Efforts
"In response to the tragic earthquake in Haiti and the ensuing humanitarian crisis, AILA has pulled together a comprehensive list of resources on pro bono efforts nationwide. Resources for AILA chapters and non-profit legal service providers who wish to host pro bono TPS clinics are here, as well as a calendar of pro bono events and clinics. If you have additional resources to post, please contact Susan Timmons, AILA Pro Bono Associate. This page is open to the public and does not require AILA membership."

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LOST SOULS (Animas Perdidas)
Broadcast premiere March 23, 2010 on PBS; Augie and Gino were living the American dream––raised and educated in the United States and proud veterans of the military. But in 1999, these two brothers were forced to leave the only country they’d ever known and had pledged to protect. Follow filmmaker Monika Navarro on her familial journey across the border to Mexico as she pieces together the tragic events of her uncles’ deportation and opens a Pandora’s box of family secrets."

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Changing your email address for BIBDE updates?
First, UNSUBSCRIBE your old email address using the button in the bottom right-hand corner of the daily email you receive from us. Then sign up using your new email address in the "Join Email Updates" box on the homepage. Thank you!

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Moving Millions: How Coyote Capitalism Fuels Global Immigration
"The immigration debates taking place in America and Europe are distractions from the real problem. In Moving Millions, veteran news correspondent Jeffrey Kaye looks past fences and green cards to show how businesses, addicted to migrant labor and assisted by governments, are able to use migration to keep people overworked and underpaid. Corporate deals foster and promote migration. Trade rules and subsidies underwritten by wealthy nations undercut foreign producers to the point where cheap produce has put Mexican and African farmers out of business, leaving residents little choice but to migrate. Businesses use migration to keep wages low while offloading social costs onto communities at home and abroad. Kaye shows that debates about this skewed system mask the need for more concerted action to address the underlying problems of inequality and poverty."

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Train to Nowhere
"When the bodies of 11 Central Americans and Mexicans are found inside a freight car in Iowa, a hardened immigration agent investigates the deaths. He and other agents search for the smugglers who loaded the railcar and locked it from the outside to throw off Border Patrol inspectors. They are helped in their search by one victim’s brother, and an unlikely friendship develops."

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Ask the Expert: Immigration Reform Can Bring $1.5 Trillion in Economic Growth
Why should Congress enact comprehensive immigration reform in the current economy? Is legalizing undocumented immigrants really the best solution? How will legalizing undocumented immigrants affect native workers in the United States? Watch the video!

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Economic benefits of legalization "can't be ignored"
"Two different major reports coming at the issue from different ideological perspectives, both using scientifically respected economic models, pursued independently, reaching the same conclusion—this is something that can’t be ignored. These reports confirm what many people have been saying all along—immigration reform isn’t just about immigrants. All Americans benefit from immigration reform because it levels the playing field for all workers. It lets employers who are trying to follow the law do so without worrying about unscrupulous employers who undercut the competition by paying under the table and cutting corners on safety. A well-regulated legal immigration system—that includes addressing the 12 million undocumented immigrants currently in the U.S.—leads to improved purchasing power, better wages, and ultimately the preservation of jobs and a stronger economy." Immigration Impact, Jan. 8, 2010.

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Carachuri-Rosendo USSC briefs online
Scroll down about a third of the way in the right column for links to the briefs.

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Carachuri-Rosendo v. Holder wiki
Updated Feb. 8, 2010.

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DHS OIG Report: ICE Management Controls Over Detainee Telephone Services
"This report presents the results of our audit to determine whether U.S. Immigration and Customs Enforcement information and communications management controls provide reasonable assurance that detainee telephone service is consistent with applicable standards and contract provisions." Jan. 2010.

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EAWA and H-1B petitions
USCIS, Feb. 4, 2010.

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Neufeld on CNMI, Guam; AFM Update AD10-29
USCIS, Jan. 29, 2010.

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NEW USCIS POLICIES REGARDING HAITIAN ORPHANS: A STEP IN THE RIGHT DIRECTION, BUT DO THEY GO FAR ENOUGH?
"USCIS is to be commended for its willingness to use the parole power to allow certain Haitian orphans into the United States faster than would otherwise be possible. The policy can be expanded to cover more children in need, however, and USCIS should give serious consideration to doing so." David A. Isaacson, Feb. 2010.

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Tooby's Guide to Criminal and Immigration Law (Free Download)
Tooby’s Guide To Criminal Immigration Law, by Norton Tooby - How Criminal and Immigration Counsel Can Work Together to Protect Immigration Status in Criminal Cases; © Norton Tooby 2008 All Rights Reserved.

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Tuesday: Collaboration Session – Signatures on Applications and Petitions Filed with USCIS
The USCIS Office of Public Engagement invites you to participate in a teleconference to discuss the implementation of recently developed policy and guidance clarifying the acceptability of signatures on applications and petitions filed with USCIS. February 9, 2010 @ 1:00pm EST.

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USCIS Issues Additional Information Regarding the Employ American Workers Act (EAWA) to Employers Filing H-1B Petitions
USCIS, Feb. 4, 2010.

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USCIS Q&A on H-1B and H-2B Cap Exemptions for Work Performed in the CNMI and Guam
USCIS, Feb. 5, 2010.

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Vasquez-Hernandez Practice Advisory
Practice Advisory on Matter of Almanza-Arenas, Non-LPR Cancellation and Moral Turpitude: Vasquez-Hernandez Does Not Hurt the Cause in the Ninth Circuit, by Kathy Brady, ILRC, Feb. 2010.

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Austin federal judge to AUSA: justify illegal reentry prosecutions
"The expenses of prosecuting illegal entry and re-entry cases (rather than deportation) on aliens without any significant criminal record is simply mind boggling. The U.S. Attorney's policy of prosecuting all aliens presents a cost to the American taxpayer at this time that is neither meritorious nor reasonable. IT IS THEREFORE ORDERED the United States Attorney file in the above-captioned cases the substantive reason(s) each of these defendants was prosecuted in the United States District Court for the Western District of Texas, Austin Division. IT IS FURTHER ORDERED the United States Attorney and the Assistant United States Attorney for prosecuting cases pursuant to 8 U.S.C. § 1326 be prepared in all future sentencings in the undersigned's docket to state the substantive reason(s) for the prosecution of each individual case." U.S. v. Ordones-Soto, et al., Feb. 5, 2010.

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Immigration filings down in circuit courts, up in district courts
2009 Year-End Report on the Federal Judiciary.

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Debbie Smith on Kawashima III
"We tried. We really did. We studied the issue extensively. We strategized on approaches. We enlisted the talented students at the Stanford Immigrant Rights Clinic. We drafted two amicus briefs (one is available here). But still! Kawashima III is that important dinner guest whom you’ve been courting for awhile, who shows up late, swills your expensive wine quickly like it was water from the tap and after the pears poached in Campari are cleared, he belches, grabs his jacket and leaves. It makes one feel used, like a car."

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VISA BULLETIN FOR MARCH 2010
Department of State Publication 9514 CA/VO: February 5, 2010.

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USCIS National Stakeholder February Meeting
"The next USCIS National Stakeholder meeting will be held on February 23 at 2:00 p.m. in the Tomich Center, 111 Massachusetts Ave, NW, Washington D.C. 20529. Suggested agenda items for this meeting are due by COB February 8, 2010."

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Bayo: A Constitutional Victory
"[I]n a Harry Truman-Chicago Tribune moment, we realized that the court's decision, though unfavorable to Mr. Bayo, notably advances the constitutional rights of immigrants in the United States." Stephen Manning, Feb. 1, 2010.

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EOIR's "Immigration Law Advisor" newsletter
According to TRAC, "EOIR has published a monthly internal legal newsletter, the Immigration Law Advisor, since January 2007 summarizing new developments in immigration law. The Immigration Law Advisor includes a feature article about an issue in immigration law, federal court activity (which includes circuit-specific information about appeals and interesting cases), BIA precedent decisions, and a regulatory update." I'm guessing TRAC's FOIA requests forced EOIR to load these to their website.

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Nominations Being Accepted for Consideration
Ninth Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law: LexisNexis® Matthew Bender® announces the Ninth Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law to be presented at the 2010 AILA Conference in National Harbor, Maryland. A member of the Editorial Board of Bender’s Immigration Bulletin, Daniel Levy died at the age of 48 on September 14, 2001, in Los Angeles after a long battle with cancer. Mr. Levy was a prolific author, litigator, and scholar, and was widely known and loved by many in the immigration bar. With this annual award LexisNexis Matthew Bender seeks to honor an individual who emulates the values that informed Mr. Levy’s life and work: enthusiastic advocacy on behalf of immigrant clients; deep scholarship in immigration law; and an expansive vision of justice. We welcome nominations of all persons (not only attorneys), who have been working on the local and/or state level, as well as those who are known on the national level, and those who have been quietly toiling on behalf of immigrants, wherever they may be located. Readers are encouraged to forward nominations to Ellen Flynn at ellen.m.flynn@lexisnexis.com by April 15, 2010. Nominations should include as much information as possible about the nominee. The recipient will be selected by the Editorial Board of Bender’s Immigration Bulletin.

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Unpub. BIA on evidence
Sophie Feal writes: "We received the attached unpublished BIA decision today. The case was handled pro bono for us by Jill Apa. While it does not contain a lot of insightful analysis or case law, it makes an important point that you may want to share with BIB readers. We often dismiss the rules of evidence in immigration court by simply stating that they do not apply. I think this is a mistake. This decision affirms that making a good, solid record, including raising all evidentiary objections, is indeed important. This is not the first case of mine where the Government has introduced volumes of prejudicial evidence, including police reports, rap sheets of co-defendants, etc. to affect an IJ's ruling on discretion. This is simply unacceptable. We, as advocates, need to object that these documents are inherently unreliable, contain hearsay within hearsay, are sometimes contradictory and that their prejudicial value is outweighed by any probative value. Moreover, these kinds of objections lead to legal rulings which then allow us access to the federal courts on underlying discretionary decisions. Kudos to my colleague Jessica Lazarin, a trained litigator, for making her record at trial!"

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DHS Interim Rule: Professional Conduct for Practitioners: Rules, Procedures, Representation, and Appearances
"The Department of Homeland Security (DHS) is amending its regulations governing representation and appearances by, and professional conduct of, practitioners in immigration practice before its components to: Conform the grounds of discipline and procedures regulations with those promulgated by the Department of Justice (DOJ); clarify who is authorized to represent applicants and petitioners in cases before DHS; remove duplicative rules, procedures, and authority; improve the clarity and uniformity of the existing regulations; make technical and procedural changes; and conform terminology. This rule enhances the integrity of the immigration adjudication process by updating and clarifying the regulation of professional conduct of immigration practitioners who practice before DHS. DATES: Effective date: This interim rule is effective March 4, 2010. Comments: Written comments must be submitted on or before March 4, 2010." Federal Register / Vol. 75, No. 21 / Tuesday, February 2, 2010.

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Facing Our Future: Children in the Aftermath of Immigration Enforcement
"This report examines the consequences of parental arrest, detention, and deportation on 190 children in 85 families in six locations, providing in-depth details on parent-child separations, economic hardships, and children's well-being. The contentious immigration debates around the country mostly revolve around illegal immigration. Less visible have been the 5.5 million children with unauthorized parents, almost three-quarters of whom are U.S.-born citizens. Over several years, Immigration and Customs Enforcement (ICE) intensified enforcement activities through large-scale worksite arrests, home arrests, and arrests by local law enforcement. The report provides recommendations for stakeholders to mitigate the harmful effects of immigration enforcement on children." Urban Institute, Feb. 2, 2010.

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New I-140
"Rev. 1-6-10, Previous editions not accepted. Special Instructions: You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information. Previous editions not accepted after 30 days of posting new form. The last day that the USCIS will accept a previous edition must be post marked by 03/02/2010." USCIS, Jan. 28, 2010.

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Penn State Law to present "Immigration Adjudications: Court Reform and Beyond"
"On Thursday, March 18, 2010, Penn State University Dickinson School of Law will present "Immigration Adjudications: Court Reform and Beyond." Sponsored by Penn State Law's Center for Immigrants' Rights, the day-long symposium will feature four panels comprised of policymakers, academics, judges, and practitioners who will examine the state of immigration adjudications and debate proposed administrative and legislative solutions, including the creation of an independent immigration court."

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Refugee Caselaw Site
"The Refugee Caselaw Site, directed by Prof. James C. Hathaway, is the world's only collection of carefully selected leading cases which interpret and apply the UN's refugee definition, used as the basis for access to protection in nearly 150 states around the world. It's completely free to use, can be searched via structured and free-text queries, and allows users to download full-text judgments of cases. It's a volunteer effort of academics, judges, and practitioners from nearly 30 countries to share the best of refugee law knowledge with their colleagues."

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Child Welfare and Migration
AHA, Jan. 2010.

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International Solutions for Connecting US Foster Care Children with Families
CASA Judge's Page Newsletter, Jan. 2010.

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Kucana, an inside look
"We like Kucana v. Holder, __ U.S. __, 08-911, the Supreme Court's decision from January 20, 2010. It doesn't sweep broadly, it doesn't reach out and decide unnecessary issues. But it also didn't avoid the issues presented by adopting Justice Alito's overly narrow reading of the statute (in his concurrence). Its effect will be modest but positive." Chuck Roth, Jan. 30, 2010. Chuck is the Director of Litigation at the National Immigrant Justice Center, www.immigrantjustice.org, and is the author of a blog of federal court decision summaries at www.immigrantjustice.org/litigationupdate.

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LexisNexis Announces Lexis for Microsoft Office
NEW YORK, NY, February 01, 2010: "LexisNexis®, a leading global provider of content-enabled workflow solutions, today announced Lexis® for Microsoft Office - a new set of research capabilities that will enable legal professionals to access content and services from LexisNexis and other sources while operating directly within Microsoft Office applications. Legal professionals can now find, analyze and act upon legal content while working within Microsoft Office Outlook, Microsoft Word and Microsoft Office SharePoint Server."

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OSC Update, Winter 2010
"The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) investigates and prosecutes allegations of national origin and citizenship status discrimination in hiring, firing, and recruitment or referral for a fee, as well as unfair documentary practices during the employment eligibility verification process and retaliation under the antidiscrimination provision of the Immigration and Nationality Act (INA). In addition, OSC conducts outreach aimed at educating employers, workers and the general public about their rights and responsibilities under the INA’s anti- discrimination provision."

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Amended Anaya-Ortiz Practice Advisory
Angie Junck, ILRC Staff Attorney, writes: "[Here is a link to a revised] practice advisory ... regarding the Ninth Circuit’s recent reconsideration and amendment of Anaya-Ortiz v. Holder. The Court held that notations on a California Abstract of Judgment Cannot Be Used to Characterize the Offense of Conviction Under the Modified Categorical Approach. Thanks to Kathy Brady for writing the practice advisory."

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Editor's Corner: What's In My Wallet?
The Border's In My Pocket or: How I Learned To Stop Worrying And Love The National ID.

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Q&A from Jan. 26, 2010 USCIS Stakeholder Mtg.
USCIS, Jan. 2010.

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New AILA blog
Immigration Slip Opinion: AILA Amicus's Notes & Comments On Immigration Adjudication. Three posts so far.

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AILA Responds to Neufeld Memo
"The Neufeld Memorandum, the AAO’s recent non-precedent decision and the adjudications at the Service Centers that are applying these decisions to current filings seek to overturn over fifty years of consistent precedent and regulatory interpretation to categorically deny eligibility for benefits to an entire class. Moreover, this longstanding line of precedent decisions is entirely consistent with the intent of Congress, which has amended the INA numerous times since the first decision in Matter of M, but has never taken action to specifically exclude working owners as beneficiaries of employment-based nonimmigrant and immigrant petitions irrespective of the degree to which the working owner controlled the petitioning entity. AILA urges USCIS to immediately rescind the Neufeld Memorandum, and issue a new policy memorandum that clearly sets out the agency’s official position on this issue, provides a correct interpretation of the Darden, Clackamas and Yates decisions, and upholds the intent of Congress in the INA as well as longstanding agency precedent and policy. AILA believes this memorandum should include all employer-sponsored immigrant and nonimmigrant visa petitions, state that under Yates the Service must not resort to the common law definition of employee, that it is the agency’s position, based on Congressional intent and longstanding precedent, that working-owners are employees for all such petitions and that any required employer-employee relationship is satisfied where the petitioner is a U.S. legal entity." Letter to USCIS dated Jan. 26, 2010; AILA InfoNet Doc. No. 10012760.

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EOIR on Haitian cases
"Haitian cases will continue to be adjudicated on a case-by-case basis, but EOIR will take action, as appropriate, in cases where a respondent is eligible for TPS." EOIR, Jan. 22, 2010.

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Habeas Victory in D. Mass.
A long decision worth reading in full. Flores-Powell v. Chadbourne, No. 08-11696-MLW, D. Mass.

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Matter of DIAZ and LOPEZ, Interim Decision #3672, 25 I&N Dec. 188 (BIA 2010)
Matter of DIAZ and LOPEZ, Interim Decision #3672, 25 I&N Dec. 188 (BIA 2010) - An alien who is inadmissible under section 212(a)(9)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(C)(i) (2006), is ineligible for adjustment of status under section 245(i) of the Act, 8 U.S.C. § 1255(i) (2006). Matter of Briones, 24 I&N Dec. 355 (BIA 2007), reaffirmed.

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Matter of Morales, Interim Decision #3671, 25 I&N Dec. 186 (BIA 2010)
Matter of Morales, Interim Decision #3671, 25 I&N Dec. 186 (BIA 2010) - A stepparent who qualifies as a “parent” under section 101(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(2) (2006), at the time of the proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under section 240A(b)(1)(D) of the Act, 8 U.S.C. § 1229b(b)(1)(D)(2006).

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TPS Fee Waiver Q&A
USCIS, Jan. 26, 2010.

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Unpub. BIA agg. fel. victory
Jack Wallace writes: "In November 2009, I won a case before the BIA and the BIA found that post James v. US (2007 US S. CT) Florida Burglary of a Conveyance is not a 16(b) COV Aggravated Felony. I attach a copy of the decision and [on remand] just won the LPR cancellation case a few weeks ago- no ICE appeal."

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Aytes on I-212s
USCIS, May 19, 2009.

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Fact Sheet: USCIS Warns of Immigration Scams Targeting Haitian Applicants for Temporary Protected Status
"USCIS warns Haitians applying for temporary protected status to be aware of immigration scams."

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Presidential Proclamation: National Angel Island Day, 2010
"One hundred years ago, the Angel Island Immigration Station in San Francisco Bay opened for the first time, and an important chapter of the American narrative began. It would be written by those who walked through the station’s doors over the next three decades. From the cities, villages, and farms of their birth, they journeyed across the Pacific, seeking better lives for themselves and their children. Many arrived at Angel Island, weary but hopeful, only to be unjustly confined for months or, in some cases, years. As we remember their struggle, we honor all who have been drawn to America by dreams of limitless opportunity." Federal Register / Vol. 75, No. 16 / Tuesday, January 26, 2010.

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USCIS Update: USCIS Warns of Immigration Scams Targeting Haitian Applicants for Temporary Protected Status
"Please be aware that some unauthorized practitioners may try to take advantage of you by claiming they can file TPS forms. These same individuals may ask that you pay them to file such forms. We want to ensure that all potential TPS applicants know how to secure legitimate, accurate legal advice and assistance."

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AIC LAC Litigation Clearinghouse Newsletter
"This issue covers the Supreme Court’s recent decision on judicial review of motions to reopen; upcoming BIA oral arguments addressing Brand X (agency deference) and whether the date of adjustment qualifies as the date of admission under INA § 237(a)(2)(A)(i)(I); a BIA decision on portability; a favorable K-2 “age out” decision; and motions to reopen after deportation." Copyright 2010 AIC.

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Information for U.S. Citizens in the process of adopting a child from Haiti
USCIS Q&A, Jan. 2010.

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Sentencing Commission seeks public comment
"The Commission requests comment on when, if at all, the collateral consequences of a defendant’s status as a non-citizen may warrant a downward departure. There are differences among the circuits on this issue. ... The Commission requests comment on when, if at all, a downward departure may be appropriate in an illegal reentry case sentenced under § 2L1.2 on the basis of ‘‘cultural assimilation’’, that is, the defendant’s cultural ties to the United States. Several circuits have held that such a departure may be warranted. ... Written public comment regarding the proposed amendments and issues for comment set forth in this notice, including public comment regarding retroactive application of any of the proposed amendments, should be received by the Commission not later than March 22, 2010." Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010.

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Detainees who died in ICE custody Oct 2003 - Present
Obtained by AILA (American Immigration Lawyers Assoc.) through a Freedom of Information Act request.

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Haitian TPS Fact Sheet
IPC, Jan. 22, 2010.

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I-140 Q&A
USCIS, Jan. 20, 2010.

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Registration Begins for Temporary Protected Status to Haiti
"U.S. Citizenship and Immigration Services announced today that eligible Haitian nationals in the United States may begin the application process for Temporary Protected Status. Details and procedures for applying for TPS are provided in the Federal Register notice published today." USCIS, Jan. 21, 2010.

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USCIS Notice: Designation of Haiti for Temporary Protected Status
"The Department of Homeland Security announces that the Secretary of Homeland Security (Secretary) has designated Haiti for temporary protected status (TPS) for a period of 18 months." Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010.

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CBP Reminds U.S.-Bound Travelers from Visa Waiver Program Countries to Complete Online Travel Authorization
"On the one-year anniversary of implementing the Electronic System for Travel Authorization, the Department of Homeland Security’s U.S. Customs and Border Protection reminds U.S.-bound travelers from Visa Waiver Program countries of the ESTA requirement. Beginning January 20, CBP will initiate a 60-day transition to enforced ESTA compliance for air carriers; VWP travelers without an approved ESTA may not be allowed to board a U.S.-bound plane." CBP, Jan. 19, 2010.

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Supreme Court on Motions to Reopen, Jurisdiction
"If the Seventh Circuit’s construction of §1252(a)(2)(B)(ii) were to prevail, the Executive would have a free hand to shelter its own decisions from abuse-of-discretion appellate court review simply by issuing a regulation declaring those decisions “discretionary.” Such an extraordinary delegation of authority cannot be extracted from the statute Congress enacted. ... While Congress pared back judicial review in IIRIRA, it did not delegate to the Executive authority to do so. Action on motions to reopen, made discretionary by the Attorney General only, therefore remain subject to judicial review. For the reasons stated, the judgment of the United States Court of Appeals for the Seventh Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion." Kucana v. Holder, Jan. 20, 2010.

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Fact Sheet: Humanitarian Parole Policy for Certain Haitian Orphans
USCIS, Jan. 18, 2010.

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Institutional Racism, ICE Raids, and Immigration Reform
"This Article argues that the structure of immigration laws has institutionalized a set of values that dehumanize, demonize, and criminalize immigrants of color. The result is that these victims stop being Mexicans, Latinos, or Chinese and become “illegal immigrants.” We are aware of their race or ethnicity, but we believe we are acting against them because of their status, not because of their race. This institutionalized racism made the Bush ICE raids natural and acceptable in the minds of the general public. Institutionalized racism allows the public to think ICE raids are freeing up jobs for native workers without recognizing the racial ramifications." Bill Ong Hing, University of California, Davis - School of Law; University of San Fransisco Law Review, Vol. 44, p. 1, 2009; UC Davis Legal Studies Research Paper No. 197.

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New Resources on U Visas and VAWA Issues
The Immigration Advocates Network is excited to announce the launch of two new online libraries created by its partners, ASISTA and the Immigrant Legal Resource Center (ILRC), on U visas and VAWA issues. Developed by national experts Gail Pendleton and Sally Kinoshita, these libraries offer crucial resources for advocates and practitioners who work with immigrant victims of domestic violence. The resources include essential substantive overviews, practice advisories, client resources and sample materials. To access the U visa library, visit http://www.immigrationadvocates.org/link.cfm?14296 To access the VAWA library, visit http://www.immigrationadvocates.org/link.cfm?14297

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A VIEW FROM THE IMMIGRATION BENCH
Noel Brennan, U.S. Immigration Court, New York City.

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BARRIERS TO REPRESENTATION FOR DETAINED IMMIGRANTS FACING DEPORTATION: VARICK STREET DETENTION FACILITY, A CASE STUDY
Peter L. Markowitz, Assistant Clinical Professor of Law at Benjamin N. Cardozo School of Law.

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DEEPENING THE LEGAL PROFESSION’S PRO BONO COMMITMENT TO THE IMMIGRANT POOR
Hon. Robert A. Katzmann, U.S. Court of Appeals for the Second Circuit.

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REGULATING IMMIGRATION LEGAL SERVICE PROVIDERS: INADEQUATE REPRESENTATION AND NOTARIO FRAUD
Careen Shannon, Of Counsel, Fragomen, Del Rey, Bernsen & Loewy, LLP, and Adjunct Professor of Immigration Law, Benjamin N. Cardozo School of Law.

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REPRESENTATION FOR IMMIGRANTS: A JUDGE’S PERSONAL PERSPECTIVE
Denny Chin, U.S. District Judge for the Southern District of New York.

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Staff Attorney - Austin
"American Gateways is seeking a staff attorney to assist with asylum, detention, VAWA, and family based adjustments. Must hold J.D. from an accredited university and be bilingual in Spanish and English. Must have passed the bar in any U.S. state and prefer prior experience working with immigrants, the immigrant community and prior non-profit experience."

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8th Annual Freedom Network Conference
March 17-18, 2010; Georgetown University Hotel and Conference Center, Washington, DC; Panelists will include experts on human trafficking from service provider agencies (social and legal), law enforcement, and government agencies.

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SSA drops E-Verify ball
"SSA did not always use the E-Verify program as intended. Specifically, we found that of the 9,311 new employees hired in FYs 2008 and 2009, E-Verify was not used to confirm the employment eligibility of 1,767 (19 percent) new hires; 44 of these new hires would have received an SSA TNC response or been referred to DHS had SSA verified them through E-Verify, and E-Verify was used to confirm the employment eligibility of 7,544 (81 percent) new hires. In addition, we determined that SSA did not always comply with the requirements of the E-Verify MoU. Specifically, we found that SSA had verified the employment eligibility of 26 existing employees because they had applied for new positions in the Agency. In addition, SSA erroneously verified the employment eligibility of 31 volunteers who were not considered Federal employees for any purpose. Furthermore, we found SSA had verified the employment eligibility of at least 18 external candidates who had applied for jobs at SSA but were not hired. Thus, it appeared the Agency used E-Verify procedures for verifying these individuals prior to their hire date, which is prohibited." SSA OIG, Jan. 2010.

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Know Your Rights!
Link to links; Detention Watch Network.

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LAC collects suppression motion results
"The following are IJ and BIA decisions on motions to suppress and motions to terminate. In each of these cases, the respondents in removal proceedings asked the IJ to suppress or exclude the government’s evidence or otherwise terminate proceedings."

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VISA BULLETIN FOR FEBRUARY 2010
Department of State Publication 9514 CA/VO: January 8, 2010.

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More free searchable caselaw from Lexis!
"Search the last ten years of State & Federal Courts and U.S. Supreme Court from 1781 to present." [Click on the Free Case Law tab.]

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Which Is Acceptable: 'Undocumented' vs. 'Illegal' Immigrant?
"In the immigration debate, does the term undocumented mean anything different than the term illegal? Join host Michel Martin for a conversation about the terminology with syndicated columnist Ruben Navarrette and Kevin Johnson, Dean of the law school at the University of California, Davis." NPR, Jan. 7, 2010.

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IJJ Seeks Applicants for ‘Immigration in the Heartland’ Program
"The Institute for Justice and Journalism, in partnership with the University of Oklahoma’s Gaylord College of Journalism and Mass Communication, will award up to 15 fellowships to journalists aiming to report on the complexities of immigration with clarity, depth and context. The program will include discussions with experts, field reporting and professional workshops, beginning in Oklahoma, on Saturday, April 10, and ending in Dallas on Friday, April 16. Application Deadline: February 9, 2010.

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IMMIGRATION ADJUDICATIONS: COURT REFORM AND BEYOND
A one-day immigration symposium sponsored by PENN STATE LAW’S Center for Immigrants’ Rights, Thursday, March 18, 2010.

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LexisNexis Emerging Issues Analysis
Over 55 papers by noted experts on current immigration topics. Toggle the "products per page" button to 100 to see them all on one page. Return often as more are added.

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