Saturday, August 18, 2007
We have reported on Presidential candidate Rudy Guiliani's new "beat-up-on-illegal-immigrants" stance. But us law profs maybe take this stuff too seriously. For a light-hearted view of Rudy G's immigration positions, see The Spoof!: "Giuliani to End illegal immigration; vows to detain and deport anyone in America with an ethnically sounding last name." Now, that sounds like my kind of America! What do you say?
Dan Balz's take (Washington Post) on the GOP foes:
Does either Rudy Giuliani or Mitt Romney have a practical and immediate solution for dealing with the estimated 12 million illegal immigrants in the United States?
That question has been lost in the escalating debate between the two Republican presidential candidates this week over whether Giuliani was soft on illegal immigration as mayor of New York. Romney's attack on Giuliani reflects his campaign's emerging strategy after the former Massachusetts governor's victory in the Iowa straw poll last Saturday.
Romney's advisers have two goals. The first is to narrow the race as much as possible to a contest between Romney and Giuliani. The second is to cast Romney as the conservative and Giuliani as out of the GOP mainstream. They hope that will open up a path to the nomination by allowing Romney to seize the conservative mantle before voters have a chance to make a real judgment about the conservative bona fides of Fred Thompson, who won't enter the race officially before September.
Romney can't easily question Giuliani's support for abortion or gay rights because that brings back questions about his own conversions on those issues. Immigration, still a hot button among Republican primary and caucus voters, is his chosen issue. Click here for the rest of the column.
Seeking to force federal immigration authorities to disclose information on June immigration raids in New Haven, Connecticut, two immigrant rights groups have filed suit (see complaint) against the Department of Homeland Security (DHS). On behalf of JUNTA for Progressive Action and Unidad Latina en Acción, attorneys of the Jerome N. Frank Legal Services Organization at Yale Law School (Michael Wishnie, Christopher Lasch, Hope Metcalfe) filed the suit under the Freedom of Information Act in U.S. District Court. The groups are concerned the raids were a "retaliation" against the city: Less than two days after the city approved an immigrant-friendly ID plan, Immigration and Customs Enforcement (ICE) agents swept through Fair Haven, arresting 29 undocumented immigrants. Mayor John DeStefano expressed similar concerns at the time, lashing out against the feds for "targeting" New Haven and allegedly violating immigrants' civil rights. Raids were subsequently suspended.
The suit claims that DHS has failed to respond in a timely manner to two Freedom of Information requests: One sought records regarding the planning of the raids; the other sought any agency correspondence mentioning the municipal ID program.
Click here for more on the suit.
Friday, August 17, 2007
Professors Jennifer Chacón, Bill Ong Hing, and Dan Kanstroom participate in a colloquy on "Blurred Boundaries in Immigration" in volume 39 of the Connecticut Law Review. Professors Hing and Kanstroom comment on Professor Chacón's provocative article "Unsecured Borders: Immigration Restrictions, Crime Control and National Security," which "explore[s] the origins and consequences of the blurred boundaries between immigration control, crime control and national security specifically as related to the removal of non-citizens." She contends that the modern "insistence on formulating immigration policy while gazing through a distorting lens of `national security' perversely ensures that the law is ill-suited to achieve either national security or other immigration policy goals." Professor Hing comments that this "striking piece . . . . warns about just how close we are to becoming a police state."
USCIS published a final rule, effective August 18, 2007, which removes the temporary adjustment of fees promulgated in previously and permits the application of the fees as were originally published in the final rule of May 30, 2007, that became effective on July 30, 2007. For the revised fee schedule, see here.
Author of Nickle and Dimed, Barbara Ehrenreich writes "In case you don't know what immigrants do in this country, the Latinos have a word for it--trabajo. They've been mowing the lawns, cleaning the offices, hammering the nails and picking the tomatoes, not to mention all that dish- washing, diaper-changing, meat-packing and poultry-plucking." Click here or here to read the article.
According to a FindLaw news story, "The Border Patrol uniform is getting its first makeover since the 1950s to look more like military fatigues and less like a police officer's duty garb." for some pictures of the new unis, see Newsvine by clicking here.
The Washington Times is reporting that DHS has failed to investigate incidents in which DHS employees allegedly aiding a group that posed a "known" security threat in obtaining fraudulent documents and exploiting the visa system. According to Sara Carter's story, DHS is citing a lack of resources in the internal affairs department as the reason for their decision not to investigate these cases. There must be more to this story, because the resource claims seem weak coming from an agency with such a huge budget. If the group aided by DHS employees genuinely poses a threat, perhaps DHS could reallocate some of the funds used for detaining children or the wrong guy and put that money to work investigating internal corruption.
The new social security no match regulation goes into effect September 14, 2007. On Wednesday, August 22 from 2:00pm-3:30pm eastern time, AILA will hold the Late-Breaking Seminar: Social Security No Match Regulation to help members understand this new regulation so they can provide sound counsel to their employer clients. Online registration is now open!
The Social Security Administration issues thousands of notices a year to employers when employee names and Social Security Numbers do not match. Under the new "No-Match Letter" regulation from the DHS, employers will have to act on the letters and take steps to clear up discrepancies, or risk severe sanctions in an enforcement action. It's clear that employers will have to walk a tight line to avoid viable discrimination claims. The DHS rules counsel not to reverify too early, or terminate too hastily -- and to treat everyone equally if their number shows up on the no-match list. That's a lot for employers to handle, especially if they have multiple locations and overriding business and operational issues with which to deal. The Seminar discussion will include an overview of key points of the regulation; expansion of constructive knowledge; revisions to the "safe harbor" protocol; re-verifying employment eligibility; when "safe harbor" is not available; risks to employers; strategies for compliance; and best practices. There will also be a Q&A at the end of the presentation. The faculty includes Josie Gonzalez (dl), AILA Board of Governors, Gonzalez & Harris, APC, Pasadena, CA; Daniel Brown, Paul Hastings Janofsky & Walker, LLP, Washington, D.C., and Mary E. Pivec, Keller & Heckman, LLP, Washington, D.C.
The registration fee includes a toll-free number for callers in the United States. Callers outside the United States should contact email@example.com for information about how to connect to the call and additional direct-dial charges that apply.
CLE credit may be available in your state. Please e-mail firstname.lastname@example.org and we can provide you with verification of your participation on the seminar for you to submit to your state bar when applying for CLE credit. Please note: AILA cannot verify CLE credit requests unless you register directly and use your own telephone line to participate in the call, as state bars require our phone records as verification for CLE credit. If you have any questions relating to the content of the program, please contact Grace Akers, Esq., Associate Director, Education, at email@example.com.
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Upcoming AILA Audio & Web Seminars:
Aug. 21: Representing Small and Start-up Businesses
Aug. 23: Introduction to Mandamus for Newer Practitioners
Aug. 28: Strategies for Pursuing Green Cards in an Age Without H-1Bs
For more information and to see a complete schedule, please visit the AILA Audio & Web Seminars homepage at:http://www.aila.org/seminars
A previous Immigrant of the Day, Ishmael Beah has written a powerful memior, A Long Way Gone: Memoirs of a Boy Soldier (2007), which powerfully depicts the sadness and tragedy of a child soldier forcibly recruited to fight for the government in Sierra Leone's civil war. In 1991, a civil war overtook Sierra Leone. His parents and two brothers were killed; at the age of 13, he was pressed into service as a child soldier. He fought for almost three years before being rescued by UNICEF. In 1998, Beah fled Sierra Leone to New York City and lived in a foster home. In New York City, Beah attended the United Nations International School. After high school, he graduated from Oberlin and currently works for the Human Rights Watch Children’s Division Advisory Committee.
Unfortunately, the conscription is children is not an isolated problem. And Ishmael beah, as he admits, was lucky to be a survive the war; many of his childhood friends did not. Human Rights Watch has interviewed child soldiers in countries including Angola, Burma, Burundi, Colombia, the Democratic Republic of Congo, Lebanon, Liberia, Nepal, Sierra Leone, Sri Lanka, Sudan and Uganda. For much information about child soldiers, including reports, click here.
The Sacramento Bee reports that "[a]n appointee of Gov. Arnold Schwarzenegger resigned abruptly Thursday after the Governor's Office learned that he had reprinted an image of a faux illegal-immigrant driver's license . . . . Sam Wakim, also a candidate for the state Assembly in 2008, was appointed by the governor to the North Coast Regional Water Quality Control Board last November. He posted the mock license on his personal Web site operated under the pseudonym `Abu David' in 2005." Here is the mock license, which has made its rounds on the web for several years:
Maria Heinz (born October 5, 1938) is an American philanthropist, the wife of U.S. Senator John Kerry and the widow of the late Senator H. John Heinz III. She was born Maria Teresa Thierstein Simões-Ferreira to Portuguese parents in Portuguese East Africa, at the time a colony and now the independent nation of Mozambique. Heinz earned a Bachelor of Arts degree from the University of the Witwatersrand in Johannesburg, South Africa. She graduated from the Interpreters School of the University of Geneva (Switzerland) before moving to the United States to work at the United Nations as an interpreter. She is fluent in five languages: English, Spanish, French, Italian, as well as her native tongue, Portuguese.
In 1966, Teresa Simões-Ferreira married billionaire and future Pennsylvania U.S. Senator Henry John Heinz III of the Heinz family famous for their food products. In 1971, Teresa Heinz became a naturalized citizen of the United States. Senator Heinz died in an airplane crash in 1991 and Teresa Heinz inherited his fortune.
John Kerry and Teresa Heinz were married in 1995. Teresa Heinz reportedly is the chair of The Howard Heinz Endowment and the Heinz Family Philanthropies, disbursing money to social and environmental causes. She assists the community of Pittsburgh, where the Heinz family has had many financial and family connections. In recognition of her philanthropy and activism, Heinz has received eleven honorary doctoral degrees. In 2003, she was also awarded the prestigious Albert Schweitzer Gold Medal for Humanitarianism.
Teresa Heinz was a registered Republican, the same as her first husband, Senator Heinz, and she remained a registered Republican despite being marrying Democratic Senator John Kerry. In January 2003, she changed her registration to the Democratic Party. Later in 2004, she reportedly changed her name from Teresa Heinz to Teresa Heinz Kerry during her husband's presidential run and, after her husband's defeat, changed it back.
The Editors of the National Review do not like Mel Martinez's views on immigration:
It is bad enough that Sen. Mel Martinez, the national chairman of the Republican party, is out of step with a large majority of the party’s voters and volunteers on immigration. What’s worse is that he is now attacking the party’s presidential candidates for being in step with them. Mitt Romney and Rudy Giuliani have turned against the “comprehensive” reform that Martinez has tried to push through the Senate, so Martinez is accusing them of not “leading on the tough issues.” Neither is Martinez: To be a leader, you have to have followers; and the country does not want to follow him down the path to amnesty. Romney and Giuliani are right to seek another route.
It’s also worth remembering that most Republican senators, and a larger majority of Republican House members, opposed Martinez’s bill. Yet Martinez praises John McCain as “courageous” for defying the will of his party. There is some virtue in sticking by losing principles: McCain has that consolation as he continues to sink in the polls. But there is more virtue in reconsidering mistaken views. Romney and Giuliani are right to endorse beefed-up border-security and enforcement measures. The debate between them now centers on who was more lax on illegal immigration in the past.
It is true that Mayor Giuliani defended his city’s sanctuary policies and opposed denying non-emergency welfare benefits to illegal aliens as “inherently unfair.” Last year, he was arguing that cracking down on illegal immigration was both inappropriate and impossible. While some Massachusetts towns remained unmolested “sanctuary cities,” during his tenure, Governor Romney vetoed a plan to allow in-state tuition for illegal aliens, opposed granting them drivers’ licenses, and encouraged state troopers to enforce immigration laws. Neither candidate opposed last year’s Senate amnesty bill. Both opposed this year’s version. Click here for the rest of the editorial.
Thursday, August 16, 2007
Last night, the Baldwin Park City Council voted to repeal its anti-day laborer ordinance after the Mexican American Legal Defense and Educational Fund (MALDEF) filed a lawsuit on behalf of day laborers that claimed the ordinance was an unconstitutional restriction on the First Amendment free speech rights. The Council members approved the settlement last night and rescinded the ordinance. The City Council had adopted the ordinance in June, and it went into effect July 6. United States District Judge Edward Rafeedie issued a preliminary injunction in the lawsuit, known as Jornaleros Unidos de Baldwin Park, et al., v. City of Baldwin Park. MALDEF filed the lawsuit on behalf of the National Day Laborer Organizing Network (NDLON) and Jornaleros Unidos de Baldwin Park.
In "Local immigration ordinances struck down," Reni Gertner writes about the the July ruling in Lozano v. Hazleton (M.D. Pa.), which has been touted as the biggest victory so far in the ongoing fight against local immigration ordinances. Accoprding to the article, "[c]ommunities who are trying to enact laws against illegal immigration may be stopped dead in their tracks by a U.S. District Court decision to strike down similar laws in Hazelton, Pa."
Samuel "Sammy" Peralta Sosa (born November 12, 1968 in San Pedro de Macorís, Dominican Republic) is a designated hitter for the Texas Rangers of the American League. His broke in with the Texas Rangers in 1989 and, since then, has played for the Chicago White Sox, Chicago, Cubs and Baltimore Orioles. Sosa ended the 2005 season with 588 career home runs, placing him fifth on the all-time home run list. He sat out the 2006 season but, in 2007, he made a comeback attempt with the Rangers, his original big league team.
Sosa had a hard childhood, with his father passing away when he was just seven. His family lived in an abandoned hospital while Sammy sold oranges on the street and shined shoes to make ends meet for his mother and six siblings. He started playing baseball at fourteen, but had to use a branch instead of a bat, an old milk carton for a baseball glove and a sock rolled up as a ball.
On June 20, 2007 against his old team, the Chicago Cubs, Sosa hit his 600th home run, becoming the 5th player in professional baseball to achieve that mark. He is also the all-time home run leader among non-American Major League Baseball players.
Sosa made his major league debut on June 21, 1989 with the Texas Rangers, and he hit his first home run off of Roger Clemens. The Rangers traded Sammy to the Chicago White Sox. He played two seasons for the White Sox and then was traded to the Chicago Cubs for outfielder George Bell before the 1992 season.
After years as a respected power hitter, Sosa emerged during the 1998 season as one of baseball's greatest. It was in this season that both Sosa and Mark McGwire passed Roger Maris's single season home run mark of 61 home runs that had stood since 1961. Sosa ended the season with 66, behind McGwire's 70. His 416 total bases were the most in a single season since Stan Musial's 429 in 1948.
Sosa won the National League Most Valuable Player Award and led the Cubs into the playoffs in 1998. He and McGwire shared Sports Illustrated magazine's much-coveted 1998 "Sportsman of the Year" award. Sosa was honored with a ticker-tape parade in his honor in New York City, and he was invited to be a guest at President Bill Clinton's 1999 State of the Union Address. The following season Sosa hit 63 home runs, again trailing Mark McGwire who hit 65.
Sosa, already a home run legend, finally led the league by hitting 50 home runs in the 2000 season.
Known as a free-swinger in his early years, and as an easy strikeout candidate, Sosa became an effective hitter for average. He owns numerous team records for the Cubs, and holds the major-league record for the most home runs hit in a month (20, in June 1998).
Sosa has run into some controversy, with a suspension for use of a corked bat (which he said was a simple mistake) and allegations of steroid use.
From NBC’s Domenico Montanaro:
In his continuing shift right, Giuliani is up today with a 60-second, hard-line immigration radio ad in Iowa and New Hampshire called “Fence.” In the ad, he says illegal immigration “frustrates” him and he drew on his experience as mayor of New York -- again. He criticizes the U.S. Immigration Service, who he says he tried to work with as mayor of New York.
“It makes no sense,” Giuliani says of the immigration service’s deportation priorities. “After they have been in jail for selling drugs in the United States -- we now have to keep them in the United States. They [the immigration service] couldn’t do it [deport them], because they had other people lined up to throw out. They had like a professor who over-stayed his visa. I had a drug dealer who had maybe killed people.”
Last week, Romney accused Giuliani of having run a “sanctuary city” for illegal immigrants as mayor of New York. This week, the New York newspapers challenged Giuliani’s hard-line immigration credibility. Today, the New York Post wrote, “Critics said Giuliani's get-tough plan contrasts with his actions as mayor, when he actually filed a lawsuit to protect the identity of illegal aliens receiving city services.” Yesterday, the New York Daily News said as mayor Giuliani was “considered one of the most immigrant-friendly government executives in the nation -- in both word and deed.”
The Daily News pulled a quote from Giuliani who said in 1994, “’Some of the hardest-working and most productive people in this city are undocumented aliens. If you come here, and you work hard and you happen to be in an undocumented status, you're one of the people who we want in this city." Click here for the full transcript.
Wednesday, August 15, 2007