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

August 10, 2009


1.  Comment: Confederacy, Sotomayor, Birthers
2.  Focus: US Tax Compliance For Immigrants And Employers: The
    Lawyer's Complete Guide
3.  Articles:
    (a) New Americans In The Tar Heel State: The Growing Economic
    And Political Clout Of Immigrants And Latinos In North
    Carolina by Mary Giovagnoli et. al of the Immigration Policy
    (b) Bloggings On Dysfunctional Government by Angelo A.
4.  News:
    (a) Neufeld, Scialabba, Chang Memo On Conditional Permanent
    Residents And Naturalization
5.  Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Help Wanted: Immigration Attorney
    (c) Help Wanted: Immigration Attorney
    (d) J-1 Visa Program
    (e) Case Management Technology
6.  Headlines:
    (a) Florida's Senator Mel Martinez To Step Down
    (b) CBP Offers $250,000 Reward for Information on Agent
    Rosas' Murder
    (c) Immigration Effort Draws GOP Backer
    (d) USCIS Makes It Easier To Check Immigration Case Status
7.  ComingsNGoings:
    (a) Share Your Professional News
8.  Letters From:
    (a) David D. Murray, Esq.
    (b) John J. Brannigan
    (c) Ben
    (d) Robert Yang
    (e) Jim Roberts


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Confederacy, Sotomayor, Birthers

Judge Sonia Sotomayor was confirmed as Associate Justice of the
US Supreme Court, the Senate vote was 68 yeas to 31 nays (Mr.
Kennedy of Massachusetts was too ill to vote). The states that
were part of the Confederacy in the Civil War voted against
confirming Ms. Sotomayor by 10 yeas to 12 nays. By contrast the
states that were then part of the Union voted for confirming her
by 43 yeas to 6 nays. The South is certainly entitled to its
opinion, just as other regions of the country are. However, the
numbers above show the danger in one region of the country
dominating a party. The Republican party has become beholden to
the South, and Republican voices from other parts of the country
are now muted, and in danger of becoming entirely lost. This is
not just dangerous for the Republican party, its bad news for the
country too. And all this is intimately tied up with immigration
since the CIR bill will likely hit the Senate floor in less than
10 weeks, and Republican votes will be pivotal to its passage.
This is so since some Democratic Senators can reliably be
expected to vote against CIR (an example is ex-Klansman now
Senator Byrd, of West Virginia, a border state that is now
culturally southern). The Republican voice on immigration today
is unfortunately not that of statesmen like Sen. Graham of South
Carolina (he correctly called the anti-immigrationists bigots),
but that of the weirdos called Birthers, who have defeated the
anti-immigrationists for the position of the extreme right of the
Republican party. The latest in the bizarre Birther saga is the
submission to a court by one of their principal miscreants of a
"Kenyan Birth Certificate"
purporting to be that of President Obama. Internet bloggers
quickly proved the document a hilarious forgery.
The ridicule the Birthers have heaped on the nation is now being
returned in kind, use http://kenyanbirthcertificategenerator.com/
to generate a birth certificate for each loony Birther disturbing
the peace in your neighborhood.

We welcome readers to share their opinion and ideas with us by
writing to mailto:editor@ilw.com.

US Tax Compliance For Immigrants And Employers: The Lawyer's
Complete Guide

Our new book on tax compliance for immigrants and employers
authored by noted authority Paula Singer is shipping now. The
outline is as follows:

++International Aspects of Individual U.S. Tax Returns
++A Guide for Filing IRS Forms 1042 and 1042-S
++U.S. Taxation of H-1B Specialty Workers
++U.S. Taxation of B-1 Business Visitors
++U.S. Taxation of Foreign Students
++L-1 Intracompany Transferees on U.S. Assignment
++What You Need to Know About Exchange Visitors
++J-1 Nonstudent Exchange Visitors Performing U.S. Services
++Tax Treaty Benefits for Foreign Nationals Performing U.S.
++Appendix includes Treaties/Agreements and Sample Letters
++CD-ROM includes 50+ IRS Forms, 16 IRS Publications, useful web

For more info and to order, please see:
For info/ordering by fax, please see:

(a) New Americans In The Tar Heel State: The Growing Economic And
Political Clout Of Immigrants And Latinos In North Carolina

Mary Giovagnoli et. al of the Immigration Policy Center write "At
a time of deepening recession, North Carolina can ill-afford to
alienate or marginalize such a fast-growing component of its
labor force, tax base, and business community."

(b) Bloggings On Dysfunctional Government

Angelo A. Paparelli writes "Will immigrants alleged to have
committed civil immigration violations be housed more humanely,
with protection of their dignity, sensitivity to family needs,
and access to law libraries and legal counsel assured?"

To submit an Article for consideration, write to
4.  NEWS

(a) Neufeld, Scialabba, Chang Memo On Conditional Permanent
Residents And Naturalization

USCIS Domestic Operations Acting Associate Director Donald
Neufeld, Refugee, Asylum & International Operations Associate
Director Lori Scialabba and Office of Policy and Strategy Acting
Chief Chang issued a memo provides field guidance on
circumstances under which an alien who was admitted as
conditional permanent resident pursuant to section 216 of the INA
may be naturalized under section 319(b) of the Act prior to the
removal of the conditions.

(a) Help Wanted: Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorneys for its Refugee and Asylum Law Division in
Washington, D.C. Responsibilities include, but are not limited
to, advising the Division Chief, the Chief Counsel, and USCIS on
issues relating to US immigration laws and international treaty
obligations, and providing legal advice on domestic asylum law
and practice, overseas refugee resettlement programs, temporary
protected status, and the Convention Against Torture. J.D.
degree, active bar membership, 1+ years of post-J.D. experience
required. For full details enter COU-CIS-2009-0007  here.
Applicants must submit (1) writing sample (5 pps. max) (2) resume
(3) cover letter, to mailto:Ronald.Whitney@dhs.gov All
submissions must be received by close of business on August 14,
2009. GS-13/15. Position open until filled. No relocation
allowance offered.

(b) Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an
experienced attorney with experience in immigration law and
training for the Training and Knowledge Management Division
(TKMD). Responsibilities include, but are not limited to, the
development of course materials and delivering of instruction,
developing and managing content with the USCIS Knowledge
Management Center, and serving as an advisor to the Chief of the
TKMD, the Chief Counsel, and to USCIS on issues relating to
immigration laws. J.D. degree, active bar membership, 3+ years of
post-J.D. experience and experience in classroom instruction
required. For full details enter COU-CIS-2009-0006 here.
Applicants must submit (1) cover letter (2) resume , (3) two
writing samples (10 pps. max) to mailto:Janice.Neetenbeek@dhs.gov
OR Mail to: Janice Neetenbeek, Chief, Training and Knowledge
Management Division, OCC, U.S. Citizenship and Immigration
Services, 8801 N.W. 7th Ave., Suite 2012 Miami, Florida 33150.
Applications faxed or submitted through USAJOBS will not be
considered. All submissions must be received by close of business
on August 14, 2009. GS-13/15. No relocation allowance offered.

(c) Help Wanted: Immigration Attorney
Midtown NYC - Attorney for nationally recognized immigration firm
specializing in immigration for physicians, scientists, and
business professions. Will train but experience with O-1's and
EB-1's a plus. Please send resume + writing sample to

(d) J-1 Visa Program
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(e) Case Management Technology
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emails, notes, reports, invoices, auto email alerts and
reminders, document storage and assembly. A library of
customizable questionnaires, letters and email templates
included. Online access for clients to check case status
included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
services: credit card processing, Outlook & QuickBooks
integration. One-time data entry and auto population into all
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6.  Headlines

(a) Florida's Senator Mel Martinez To Step Down

Sen. Mel Martinez told friends and supporters Friday in an e-mail
that he'll step down from the Senate as soon as a replacement is
appointed to fill out his term.

(b) CBP Offers $250,000 Reward for Information on Agent Rosas'

U.S. Customs and Border Protection is offering a $250,000 reward
for information leading to the arrest and conviction of the
individual(s) responsible for the death of U.S. Border Patrol
Agent Robert Rosas, who was killed in the line of duty July 23
near Campo, Calif.

(c) Immigration Effort Draws GOP Backer

Senate Democrats have found a Republican in Sen. Lindsey Graham
to help them push for passage of a comprehensive immigration
overhaul this year.

(d) USCIS Makes It Easier To Check Immigration Case Status

This new process standardizes customer service and streamlines
processing of customer inquiries at USCIS Service Centers.

For links to the above stories see here:
7.  ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) Share Your Professional News
Send your professional announcement to: mailto:editor@ilw.com.
Examples include: New Position, Honors And Awards, Mergers &
Acquisitions, New Office Address, New Appointment, New Associate,
New Attorney, New Partner. This is a free service.

Readers can share comments, email: mailto:editor@ilw.com  (up to
300-words). Past correspondence is available in our archives

(a) Dear Editor:
The debate about "immigration reform" has little to do with
reform, but more with providing amnesty for people who have
knowingly and willfully violated US law. To those who have
overstayed their nonimmigrant visas and to those who have entered
the US without inspection, I can only say this: You have violated
the laws of the United States of America. These lawbreakers are
not bona fide refugees, fleeing death or the destruction of their
lives. Overstays often are educated people, who could make a
living anywhere in the world, but prefer life in the US. Illegals
often are people fleeing the poverty of their own countries south
of the border. Their plight is not the problem of Americans, but
is that of their own country's government. It is up to them to
change what they don't like at home, just as US Patriots did in
1776. The ease of entry at the southern border is blatant
violation of law. I cannot violate Mexican immigration law by
working in Mexico. If I do, I will be jailed - a worse jail than
anything in the US, even Sheriff Joe's. I fail to understand the
emotional side of immigration vs. the legal side. While I am
compassionate, as a lawyer, I believe in the rule of law and in
the US Constitution, neither of which provide for Amnesty for
illegals or for any other law breaker. Laws are designed for the
benefits of the citizens of the country that passes the laws. If
America needs foreign workers, pass a law allowing it. American
immigration laws are not per se unjust; they are just unrealistic
in the 21st century and need to be reformed. But that reform has
no right to ask the US taxpayers to fund an expensive and
unworkable Amnesty program. ,
David D. Murray, Esq.              Newport Beach, CA

(b) Dear Editor:
In regards to the letter from Cheryl Saienni (08/07/09 ID), I
have lived in Guatemala for eight years. Most all of the ATM
machines in Mexico and Central and South America are optional
Spanish and English. All cell phones are optional Spanish and
English. Most of the people I know in Guatemala and Mexico are
not bigoted and try to be very helpful and courteous when someone
does not understand their language.   If Sheriff Joe worked for
the PNC in Guatemala, all the Norte Americana's would be in
trouble. Talk about profiling we stand out like a sore thumb.
Most Americans drive without a license or an expired license.
Many over stay their visas. The fine for these offenses is very
small and the police are always courteous and explain how to
correct the problem. How un-like Homeland Security. I have never
heard of any Americans that were deported for these problems.
If immigration were less costly then the fees charged by uscis
and were not rejected so many times people would immigrate
legally. It now stands that it is less time consuming and far
cheaper to hire a coyote. It is certainly more efficient.
John J. Brannigan

(c) Dear Editor:
There is an interesting article in Senator Kay Bailey
Hutchinson's website concerning the proposed healthcare reform
bill perused page by page.  Here are points directly dealing with
immigration:Page 42: The "Health Choices Commissioner" will
decide health benefits for you. You will have no choice. None.
Page 50: All non-US citizens, illegal or not, will be provided
with free healthcare services.  Page 58: Every person will be
issued a National ID Healthcard.  Page 91: Government mandates
linguistic infrastructure for services; translation: illegal
aliens  Page 170: Any non-resident alien is exempt from
individual taxes (Americans will pay for them).

(d) Dear Editor:
Regarding Mr. Murray's letter (08/07/09 ID): I am an ABC, America
Born Chinese, whose ancestors have endured racist, unjust
immigration restrictions and names calling as well. Immigration
restriction won't work if it's designed to discourage foreign
competition. It's crazy to support and expect all 6.5 billions +
global population to move into our country and it's also
imposibble to embrace xenophobia and isolationism in the age of
internet and globalization. We can inspire other nations to
commit themselves in good governance, democracy, respecting human
rights and sustainable developments so their citizens can live
happily and peacefully within their own countries and enjoy
decent living standard without thinking of immigrating to other
countries . We must lead in sustaining global peace and stability
by abolishing all theocracies and dictatorship worldwide who love
to manipulate faiths to incite hatred, terrorism, segregration,
apartheid policies, sexism, genocide and sectarian wars. We can
help Mexico fighting its dangerous organized crime problem by
enacting capital punishment on drug dealers here at home and
harsh punishment on drugs abusers or completely legalize drugs.
We must to pressure our lawmakers to stop waging expensive wars
for special interests' profits so we can pay for our health care
reform and investment in education and infrastructures so we can
compete in the 21st. century. Resolving immigration issues must
include common sense and holistic view. I strongly believe that
any self sufficient, healthy, non criminal human beings should
have freedom to live and work anywhere in this planet without
prejudice and restrictions.
Robert Yang

(e) Dear Editor:
With reference to ID Comment on Detention Overhaul (08/07/09 ID),
the only "change" that needs to be made regarding entry violators
is that this serious crime needs to be made a felony for first
timers, not just subsequent as at present. This would resolve the
287g controversy of overlooking "non-criminals".  If citizens can
be made felons for mere paperwork errors in buying a firearm, a
Constitutional right, certainly non-citizens should for the real,
deliberate crime of illegal presence. This would be real CIR, not
phony, fiat, un-deserved amnesty and more catering to the
illegals. The D. Murray letter (08/07/09 ID) falsely believes
that the addition of an Esq. after the name enhances the
credibility of the content which which is absurd and the practice
is in reality, anti-American and a relic of the English King
hierarchical society dominated by titles, ranks, and nobilities.
Letter content is the only valid criteria to "evaluate a letter",
the same way that in America, performance, facts and content of
character are germane. By this standard, entry enthusiasts and
open border advocates lack credibility and come up short when
they deliberately misconstrue the prudent, limited, enforced
position of restrictionists as "anti-immigrant", "negative",
"racist", "bigoted", "hateful", "hate-mongers" and other such
hyperbole which only displays the bankruptcy of logic and/or
"fresh ideas" of the former and the wisdom of the latter. The F.
Wooldridge letter (08/05/09 ID) was right on point with:
"Educated nitwits don't get it. We dealing with our country being
overwhelmed by another 100 million people in 30 years because of
immigration".  Grandmother Joad was right in her profound,
"Grapes of Wrath" comment: "We're the people and they just can't
stop us".
Jim Roberts
The first daily in the field of immigration. Forward this to a

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