Employers Fight Tough Measures on Immigration
"“These employers are now starting to realize that nobody is in a better position than they are to make the case that they do need the workers and they do want to be on the right side of the law,” said Tamar Jacoby, president of the new federation, ImmigrationWorks USA." New York Times, July 6, 2008.

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Feds want employers to voluntarily check Social Security numbers
"[T]he U.S. Government Accountability Office says that while E-Verify may help employers detect fraudulent documents, it cannot fully address the use of genuine documents by someone other than their rightful owner. E-Verify is also vulnerable to acts of employer fraud and misuse, the accountability office said in a June report. "The system is not ready for prime time." said Craig Regelbrugge, a spokesman for U.S. farm labor interests who is based in Washington. Some employers also worry that firing an employee based on an erroneous search result could lead to a discrimination charge. The 1986 law prohibits discrimination in hiring and firing on the basis of citizenship status or national origin." Austin American-Statesman, July 6, 2008.

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Mesa, AZ gets new "crimmigration" policy
"Police Chief George Gascón laid out publicly, for the first time, details of a policy about which council members were briefed privately in recent days. The document will kick in after a four-month training period. It says police must ask the immigration status of anyone being arrested and contact federal authorities if there's reason to believe the suspect is here illegally. It also allows police, in some circumstances, to ask about the residency of people stopped but not taken into custody for more minor offenses. Federal agents may be contacted in those cases, too." Arizona Republic, July 5, 2008.

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The Immigration Equation
"Like any form of economic change, immigration causes distress and disruption to some. But America has always thrived on dynamic transformations that produce winners as well as losers. Such transformations stimulate growth. Other societies (like those in Europe) have opted for more controls, on immigration and on labor markets generally. They have more stability and more equality, but less growth and fewer jobs. Economists have highlighted these issues, but they cannot decide them. Their resolution depends on a question that Card posed but that the public has not yet come to terms with: "What is it that immigration policy is supposed to achieve?"" New York Times, July 9, 2008.

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2 Supervisors Are Arrested After Sweep at Meat Plant
"Two supervisors at a kosher meatpacking plant in Iowa where hundreds of illegal immigrants were rounded up in May were arrested Thursday on criminal immigration charges. Federal prosecutors said they had also issued an arrest warrant for a third man described by workers as a plant manager." New York Times, July 4, 2008.

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Celebrity Passport Records Popular
"Government workers repeatedly snooped without authorization inside the electronic passport records of entertainers, athletes and other high-profile Americans, a State Department audit has found. One celebrity's records were breached 356 times by more than six dozen people." Washington Post, July 4, 2008.

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French couple charged with immigration fraud in L.A.
"A French couple has been charged with defrauding French residents out of thousands of dollars by making false promises of providing them jobs and work permits in the United States, authorities said. Deborah Sion, 25, was arrested in Van Nuys Thursday by U.S. Immigration and Customs Enforcement agents after being charged with mail fraud, wire fraud, aggravated identity theft and transfer of false identification documents. Also charged in the case is her husband Isaac Peres, 27, who is in custody in France, where he is facing charges in an unrelated fraud scheme." AP, July 4, 2008.

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McCain calls for tight border security in Mexico visit
"Se habla straight talk? In a day of sight-seeing, meetings and mixed messages in Mexico's capital, John McCain called Thursday for keeping the border open for business but shutting it tight against undocumented migrants and illegal narcotics. Some conservatives have criticized the presumptive Republican presidential nominee as being soft on illegal immigration. Apparently at the risk of offending his hosts, McCain seemed determined to emphasize that was no longer the case, if it ever was." Houston Chronicle Mexico City Bureau, July 3, 2008.

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McCain: Border fence first, then reform
MEXICO CITY - "John McCain warned Mexicans that more border walls are needed before he attempts to overhaul U.S. immigration laws again, an unpopular position in a country he visited in hopes of boosting his standing with Hispanics at home." Arizona Republic Mexico City Bureau, July 3, 2008.

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Postville Supervisors Arrested
"Federal agents on Thursday arrested two supervisors at Agriprocessors Inc., the country's largest kosher meatpacking plant, on charges they helped illegal immigrants secure fake documents and encouraged them to reside in the U.S." Wall Street Journal, July 4, 2008.

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Want to really see America? Look through the eyes of an immigrant
"Immigrants, no matter where they come from, have a lot to teach the rest of us about seeking opportunity, working hard, pursuing dreams, treasuring liberty and remaining optimistic even when you fail. If you really want to understand patriotism, don't talk to those of us who were born here through no effort of our own. Talk to someone who came here from Iran, or Eastern Europe, or Cuba and who doesn't have the luxury of taking freedom for granted. Talk to someone from Vietnam or India or Mexico who only sees opportunities where many of us see obstacles." Ruben Navarrette, July 3, 2008.

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Federal Report Recommends Improvements in Reporting Deaths of Immigrant Detainees
"The federal immigration agency should report all deaths in detention promptly, not only to the inspector general for the Department of Homeland Security, but also to state authorities where required by law, the inspector general has recommended after a “special review” of the deaths of two immigrant detainees." New York Times, July 3, 2008.

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Lawsuit Leads to Release of Immigrant
"A South Korean immigrant who was repeatedly denied timely medical care while in the immigration detention system was released from an Arizona jail yesterday." Washington Post, July 3, 2008.

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Real Mexicans vs. Virtual Fence: Guess Who's Winning?
"[T]he small group of migrants we spoke to had not only just jumped the newest section of the government’s physical fence, they had also dodged the high-tech “virtual fence,” loaded with the latest gadgets and software. “We got over the fence with a rope,” said the migrant who had flagged us down. “It took about two minutes and we were over.”" Marc Cooper, LA Weekly, June 11, 2008.

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

CIS Ombudsman's 2008 Annual Report to Congress
"On Monday, June 30, 2008, the Citizenship and Immigrations Services Ombudsman, Michael T. Dougherty released the 2008 Annual Report to Congress (PDF, 114 pages - 8.88 MB). The Section 508 compliant report will be available and posted on the DHS CISOMB Internet next week." DHS website, July 3, 2008.

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H-2B Cap Count, FY 2009, 1st Half
17,305 as of July 1, 2008. USCIS website.

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Matter of EAC, INC., Applicant, Interim Decision #3614, 24 I&N Dec. 556 (BIA 2008) [Recognition]
Matter of EAC, INC., Applicant, Interim Decision #3614, 24 I&N Dec. 556 (BIA 2008), July 3, 2008: (1) The process of recognition is designed to evaluate the qualifications of only those nonprofit organizations that provide knowledgeable legal assistance to low-income aliens in matters involving immigration law and procedure. (2) In order to establish that it has adequate knowledge of immigration law and procedure, an organization seeking recognition must have sufficient access to legal resources, which may include electronic or internet access, as well as resources provided by a law library. (3) An organization seeking recognition must show that it has either a local attorney who is on the staff, offering pro bono services, or providing consultation under a formal arrangement; a fully accredited representative; or a partially accredited representative with access to additional expertise. (4) A recognized organization that does not offer a full range of immigration legal services or whose staff is not sufficiently experienced to handle more complex immigration issues must have the ability to discern when it should direct aliens to seek other legal assistance.

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Matter of EAC, INC., Applicant, Interim Decision #3615, 24 I&N Dec. 563 (BIA 2008) [Accreditation]
Matter of EAC, INC., Applicant, Interim Decision #3615, 24 I&N Dec. 563 (BIA 2008), July 3, 2008: (1) All accredited representatives on the staff of a recognized organization must have a broad knowledge of immigration law and procedure, even if the organization only intends to provide limited services through one or more partially accredited representatives. (2) In order to show that a proposed accredited representative has the broad knowledge and experience in immigration law and procedure required by 8 C.F.R. § 1292.2(d) (2008), a recognized organization should submit the individual’s resume, letters of recommendation, and evidence of immigration training completed, including detailed descriptions of the topics addressed.

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Alternatives to Detention
AILA Position Paper, July 2008.

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Canadian TN Vet. Victory in NY
"[B]y requiring Plaintiff to become a U.S. citizen or obtain Permanent Resident Alien status, Education Law § 6704(6) imposes an additional burden on him that apparently was not contemplated by NAFTA. Accordingly, the Court finds that Education Law § 6704(6) violates the Supremacy Clause." Kirk v. NYDOE, June 23, 2008. [Hats off to Maggie Catillaz! Note the astonishing argument by the state's attorney: "Temporary professionals do not have the same incentive to follow state rules and regulations. . . . A person that has declared themselves to be temporarily in this country does not share the same incentive to be law abiding as a permanent resident." And we complain about DOJ/DHS attorneys!]

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Interactive detention map online
Welcome to the world of immigration detention, where over 32,000 immigrants are detained on any given day. The map includes: Detention Centers, Community Organizations, ICE Offices and Immigration Courts. Detention Watch Network, July 2008.

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GULAG USA: Legal Challenges to Immigration Detention MCLE Program
"On Saturday, July 26, we present the GULAG USA: Legal Challenges to Immigrant Detention, an MCLE program on keeping immigrant clients or criminal defendants out of detention and protecting their rights while detained. National experts will lead a training program on the legal issues for this area of law for immigration and criminal practitioners. The event will be held at California Western School of Law in San Diego. For more information and to RSVP, please contact Teresa Medina at tmedina@ucdavis.edu by close of business Tuesday, July 15. There are no registration fees, but pre-registration is encouraged."

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AILF: Dada v. Mukasey Q&A
"This Practice Advisory offers preliminary analysis about the potential impact of Dada on individuals’ cases and suggestions about immediate steps to take. Because AILF is issuing this advisory the day after the Court announced its decision, readers are cautioned to check for new cases, legal developments, and updates to this advisory over the next weeks and months." AILF, June 17, 2008.

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Brand X in Immigration Cases
"The Supreme Court's Brand X decision allows agencies to offer an interpretation of a statute that differs from a published circuit court decision. However, an agency may do so only where the underlying statute is ambiguous. This page provides an overview of the Supreme Court's holding and identifies circuit court immigration decisions that have applied Brand X and immigration agency decisions that have addressed Brand X." AILF, June 9, 2008.

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LEAP legalization class action: Preliminary Approval of Settlement Agreement
"On June 2, 2008, the United States District Court, Western District of Washington at Seattle signed an “Order of Preliminary Approval of Class Action Settlement” in the Northwest Immigrant Rights Project (“NWIRP” aka “LEAP”) legalization class action. Objections or comments to the settlement agreement are to be filed with the court no later than July 15, 2008." USCIS, June 16, 2008.

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Executive Order 13465 of June 6, 2008
"[A]dherence to the general policy of contracting only with providers that do not knowingly employ unauthorized alien workers and that have agreed to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce will promote economy and efficiency in Federal procurement." Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008.

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July 2008 Visa Bulletin
E. EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY: There have been questions raised regarding the way numbers have been provided to the China and India in the Employment Second preference categories beginning in April. Section 202(a)(5) of the Immigration and Nationality Act states that if total demand for visas in an Employment preference category is insufficient to use all available visa numbers in that category in a calendar quarter, then the unused numbers may be made available without regard to the annual per-country limit. (For example: If the second preference annual limit were 40,000, number use by “All Other Countries” were estimated to be only 25,000, and the China/India combined number use based on their per-country limits were 6,000, then there would be 9,000 numbers unused. Those 9,000 numbers could then be made available to China and India applicants without regard to their per-country limits.) Based on the information available, it was been determined that the demand from “All Other Countries” for Second preference numbers, plus the amount of numbers available under China and India Second preference per-country limit, would be insufficient to utilize all available numbers under the annual limit for this category. Therefore, pursuant to Section 202(a)(5) of the Act, the unused numbers have been made available to China and India Second preference applicants. Since Section 203(e)(1) of the Act requires that such unused numbers be made available strictly in priority date order, the China and India applicants have been subject to the identical cut-off date. As there are more Employment Second preference applicants from India and the Indian applicants may have earlier priority dates, it is likely that Indian applicants will receive a larger portion of the available numbers than Chinese applicants. It should be noted that the Employment Second preference category is "Current" for all countries except China and India. If at any point it appears that demand from “All Other Countries” would utilize all available numbers, then an adjustment would be made to the China/India cut-off date. Therefore, providing the unused numbers to China and India in no way disadvantages applicants from any other country, and helps to insure that the worldwide annual limit can be reached. F. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY: Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year."

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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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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.