-----------------IMMIGRATION DAILY FROM ILW.COM------------------

September 9, 2010




2 Articles

2 News Items


10 Headlines

Classifieds: Immigrant Tax Services, Help Wanted: Immigration

Paralegal, Help Wanted: Immigration Paralegal, Help Wanted:

Immigration Professional, Immigration Law Certificate, Website






1. Comment: Third Circuit Splits With Ninth On IRCA - A major

decision on the country's ongoing conflict over immigration sets

the stage for Supreme Court consideration of the extent of state

and local power over immigrants. The 3rd circuit today decided

Lozano v. City of Hazelton (No. 07-3531, 3rd Circuit, Sep 9,

2010) in a 188 page opinion authored by the Chief Judge (see


The court said "we agree that the provisions of the ordinances

which we have jurisdiction to review are pre-empted by federal

immigration law and unconstitutional under the Supremacy Clause"

(opinion at p. 66). The court found conflict pre-emption for

Hazelton's employment ordinance: "we agree that the [Hazelton's

ordinance's] employment provisions stand as an obstacle to the

accomplishment and execution of federal law, and thus are pre-

empted ... Congress went to considerable lengths in enacting IRCA

to achieve a careful balance among its competing policy

objectives ... The [Hazelton ordinance] substantially undermines

this careful balance" (opinion at p. 106-107), offering as

authority "[t]he Supreme Court has consistently found state and

local laws which alter the careful balancing of objectives

accomplished by a federal law to be pre-empted, and so have we.

See, e.g., Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 489

U.S. 141, 144 (1989) (opinion at p. 111)". Disagreeing with the

Ninth Circuit, the court said "In Chicanos Por La Causa ... the

Court of Appeals for the Ninth Circuit concluded that an Arizona

law that made use of E-Verify mandatory was not conflict pre-

empted ... [this] decision[], however, fail[s] to afford proper

weight to the purposes underlying Congress's decision to retain

E-Verify as a voluntary program" (opinion at p. 121-122). The

Supreme Court will have to decide this circuit split on IRCA pre-

emption of state/local authority to regulate employment of

unauthorized aliens.

The court returned again and again to the holistic approach of

Congress in enacting IRCA, wherein Congress sought to balance

conflicting aims and priorities. The court implied that the

Hazelton's non-holistic procedure was pre-empted. The court

explained "If Hazleton's ordinance is permissible, then each and

every state and locality would be free to implement similar

schemes for investigating, prosecuting, and adjudicating whether

an employer has employed unauthorized aliens ... A patchwork of

state and local systems each independently monitoring,

investigating, and ultimately deciding - all concurrently with

the federal government - whether employers have hired

unauthorized aliens could not possibly be in greater conflict

with Congress's intent for its carefully crafted prosecution and

adjudication system to minimize the burden imposed on employers"

(opinion at p. 115). The court further explained "Simply put,

Hazleton has enacted a regulatory scheme that is designed to

further the single objective of federal law that it deems

important - ensuring unauthorized aliens do not work in the

United States. It has chosen to disregard Congress's other

objectives - protecting lawful immigrants and others from

employment discrimination, and minimizing the burden imposed on

employers. Regulatory "cherry picking" is not concurrent

enforcement, and it is not constitutionally permitted" (opinion

at p. 130).

In finding express pre-emption against Hazelton's housing

ordinance, the court said "To be meaningful, the federal

government's exclusive control over residence in this country

must extend to any political subdivision" (opinion at p.

136-137). The court found Hazelton's housing ordinance

conflicting with/pre-empted by the INA, saying "[t]hrough its

housing provisions, Hazleton attempts to remove persons from the

community based on current immigration status. However, as

Justice Blackmun explained in Plyler: "the structure of the

immigration statutes makes it impossible for the State to

determine which aliens are entitled to residence, and which

eventually will be deported." 457 U.S. at 236 ... Stitched into the

fabric of Hazleton's housing provisions, then, is either a lack

of understanding or a refusal to recognize the complexities of

federal immigration law" (opinion at p. 138, 140); saying further

"The federal prohibition against harboring has never been

interpreted to apply so broadly as to encompass the typical

landlord/tenant relationship" (opinion at p. 142).

The matter is now ready for review before the Supreme Court,

given (i) the conflict between the 3rd and 9th circuits on this

matter (ii) the large number of similar state and local

statutes/ordinances already enacted and underway, with several in

litigation before the federal judiciary and (iii) the inherent

importance of immigration to the nation at this time in our

history. The opinion said "The Supreme Court will undoubtedly

speak to this tension soon, given the number of states and

localities attempting to chip away piece-meal at the federal

power to regulate immigration" (opinion at p. 104, footnote 31).

This is not the last chapter in America's immigrant saga. We will

hear from the Supremes next. Stay tuned.

2. Article: DHS To Develop Single, Searchable Immigration

Database by Greg Siskind


3. Article: Let Avvo Help You Select a Great Immigration Attorney

by Carl Shusterman


4. News: CBP Reminds Travelers ESTA Fee To Begin


5. News: Lozano v. Hazelton (No. 07-3531, Sep 9, 2010)


6. Focus: The Consular Posts Book

The Table of Contents for "The Consular Posts Book" is as



A chapter each on - Argentina - Buenos Aires; Armenia - Yerevan;

Australia - Sydney; Brazil - Sao Paulo; Canada -Toronto; China -

Beijing, Guangzhou, and Shanghai; Colombia - Bogota; France -

Paris; Germany - Frankfurt, and Munich; Haiti - Port au Prince;

India - Chennai, Kolkata, Mumbai, and New Delhi; Jamaica -

Kingston; Nigeria - Lagos; Philippines - Manila; Taiwan -

Taipei; Trinidad and Tobago - Port of Spain; United Kingdom -

London; Vietnam - Ho Chi Minh City.


Chapter 1: Introduction

Chapter 2: New Attorney Vulnerabilities in International Practice

Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS

Soup to Nuts

Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting

other Refusal Issues with the Consul

Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy

As It Looks

Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations

Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors

Chapter 8: The Consular Role in L-1 Blanket Petitions

Chapter 9: H-1B "Dependent Employees": From Labeling to


Chapter 10: Temporary Assignment of H-1B Employees to Client Work


Chapter 11: State Department Name-Checks and Security Advisory

Opinions (SAOs)

Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task

Forces - Send In the Marines: Best Practices to Survive Audits

and Task Forces

Chapter 13: What to do if Your Client's Visa is Denied: Visa

Office Advisory Opinions

Chapter 14: A Template for Attorney Risk-Assessment


For contributor bios, more info, and to order, please see:

http://www.ilw.com/books/ConsularPosts.shtm. Or for fax, please



7. Headline: Labor's Stand for Immigration Reform: An Interview

with Eliseo Medina


8. Headline: Import Job Creators: Let's give immigrant

entrepreneurs incentives to hire American workers.


9. Headline: Authorities rescue 37 immigrants locked inside small

bedroom in Southern California house


10. Headline: 'Tea Party' is today's 'Know Nothing' movement


11. Headline: Why the US is charging an entry fee to some

international travelers


12. Headline: Graduate Dean says Immigration is this Year´s

Deciding Factor in Elections


13. Headline: Obama administration sets record year for



14. Headline: Family came to NM to escape Arizona immigration law


15. Headline: PERM Book 2d. Ed: Your Book for PERM Rule, Analysis

and Comments, ETA forms, Memos, Roadmaps & Checklists. Get your



16. Headline: Rival says Texas attorney general's Arizona stance

shows shift in his beliefs


To submit an Article or a news item to Immigration Daily, write


mailto:editor@ilw.com. Follow ILW.COM on Twitter:




1. Immigrant Tax Services

Are you worried that your clients' tax returns might hurt

their adjustment, cancellation or consular processing case?

Did you know that clients making less than $46,000 qualify to

obtain retroactive refunds after they obtain Social Security

Numbers via any immigration process? Did you know that taxpayers

can claim an exemption for dependents residing in Mexico or Canada?

Sam Rock, principal of the Rock Law Group, specializes in taxes for

immigrants. He is an immigration lawyer, national speaker and has

published several AILA articles on the intersection of immigration

and income tax law. Contributor to tax section, Kurzban's

Immigration Law Sourcebook, 2010-11. With 10 years experience

preparing tax returns for immigrants, we can help you understand

your client's eligibility to file as head of household and make

dependent claims. Get your legal fees paid from your clients'

unclaimed tax refunds. Rush service in 48 hours. Educating

Haitian nationals

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amended returns, expert letters, testimony, resolution of IRS

tax debt, audits/exam from all states and U.S. taxpayers living

abroad. Competitive fees. Get tax knowledge on your side.





This is an advertisement by an attorney.

2. Help Wanted: Immigration Paralegal

Sarasota, FL - A sole practitioner practice


on the Florida Gulf Coast seeks experienced immigration

paralegal. The practice is a full-service immigration firm with

European and British clientele. Seeking paralegal with 3+

years of experience preferably in business, professional and

family immigration. Send resume and writing sample to

mailto:donna@greencards4u.com or Donna Scarlatelli, Scarlatelli,

P.A. , 777 S. Palm Avenue, Suite 8, Sarasota, FL 34236.

3. Help Wanted: Immigration Paralegal

Atlanta, GA - The corporate immigration firm of Berry Appleman

and Leiden LLP


in Atlanta seeks entry and mid-level Immigration

Assistants/Paralegals to join a dynamic legal team. We offer a

collegial work environment that places a high value on

collaboration. Must have excellent writing skills, be highly

organized, and have the ability to multi-task. Must also be able

to work within strict time lines, have excellent customer service

skills, and a high attention to detail. Responsibilities would

include assisting attorneys in the preparation, filing and

tracking of various immigration applications and petitions.

Bachelors degree required. Masters degree preferred. Previous

immigration law experience is a plus. Please email cover letter,

resume, and salary requirement with the title "Atlanta-

Immigration Assistant" in the subject line to

mailto:atlantacareers@balglobal.com. Salary DOE. No phone calls


Not accepting resumes from third party vendors or recruiters at

this time. Only qualified applicants will be contacted.

4. Help Wanted: Immigration Professional

Chicago, IL - VISANOW,


an established leader in immigration processing, seeks global

immigration specialist. Responsible for managing all US outbound

legal and client relationships, including serving as the primary

liaison between clients and foreign processing counsel, and

increasing the network of foreign counsel and other visa

processing relationships. Manage growth of global processing

platform; gather, organize and communicate application materials;

communicate case management matters with clients and

international partners; maintain a global network of

international partners and government agency contacts; oversee

document maintenance function; maintain consistency and meet

compliance demands; assist in compilation and preparation of

application packages; preparation of immigrant and non-immigrant

visas; and proactive legal research Candidate qualifications:

Bachelors' degree with 5+ years of immigration experience and

working with international clients and foreign counsel,

especially in South America, Asia and Europe. Excellent

communication skills are a must. Global Mobility Specialist

Certification is not necessary but is preferred. We seek high-

energy and results-driven, self-motivated individuals with a high

level of initiative and ownership, and highly time, task and

detail oriented. Foreign language capabilities not necessary but

a plus. We offer a competitive compensation plan, excellent

benefits including medical, dental, vision, life, disability, and

401K program. Submit your resume through our Careers Website.



5. Immigration Law Certificate

Classes offered both online and in-person. Master the complex

and ever changing maze of immigration policies and regulations

with the Immigration Law Studies Certificate Program offered by

CUNY's School of Professional Studies. This graduate-level

certificate program, consisting of (3) three-credit classes,

offers students who complete it a comprehensive understanding of

the laws, regulations, and processes surrounding the status of

immigrants in the US, including family and employment-based

immigration and deportation defense. It is designed for

individuals working in law firms, companies, government agencies

and nonprofit organizations where they interact with immigrants

and immigrant legal concerns on a regular basis and would

therefore benefit from greater knowledge of the laws and

regulations surrounding immigration. For more information on

class schedules, tuition and fees, course applications and to

register, see here.


6. Website Services

Gain the competitive edge with your new website from INSZoom, the

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To place a classifieds ad in Immigration Daily, see here




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Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X

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