Saturday, June 7, 2008

SALT and NLG Statement on Postville Raid

The Society of American Law Teachers and the National Lawyers Guild have issued this important statement:

On May 12, 2008, the U.S. Immigration and Customs Enforcement Agency (ICE), now a part of the Department of Homeland Security, conducted the largest single-site immigration raid in U.S. history at Agriprocessors, a meatpacking plant in Postville, Iowa. Postville is the latest in a pattern of raids that has intensified in the past three years. With the help of state and local law enforcement, ICE arrested 389 workers, most of them from Guatemala and Mexico, nearly a third of all residents living in the town. The ICE raids came coincidentally after Agriprocessors had been issued 39 citations for alleged violations of state workplace safety and health standards, and after efforts to organize plant workers by the United Food and Commercial Workers Union, according to Iowa newspapers.

In an unprecedented move, ICE criminally charged 302 of the workers with aggravated ID theft and/or for using false social security numbers. In a matter of days, with the workers held at various detention centers, ICE resolved the fate of most of these workers: 297 of these men and women pled guilty and were sentenced to prison and subsequent deportation. The uncharacteristic speed and efficiency of these proceedings left workers without adequate opportunity to consult with lawyers as they faced hard bargains from prosecutors. Hundreds of children were left not knowing about their parents’ fate. Only 44 workers were released to care for their children. As in past raids, these children are likely to suffer from depression, anxiety, and post-traumatic stress. In contrast to the fate of the workers, so far no one in Agriprocessors’ management has been charged, despite evidence that the company helped workers procure false documents, paid substandard wages, failed to pay overtime, and engaged in other types of grave worker mistreatment.

SALT deplores these raids that are creating a moral, legal, and humanitarian crisis in our nation. ICE’s heavy handed enforcement against undocumented workers in the wake of failed immigration reform is shameful. Immigration laws remain completely out of touch with reality, and the absence of labor protection for these workers leaves them vulnerable to exploitation. Under current immigration laws, no more than 10,000 backlogged permanent visas for unskilled workers and 66,000 temporary visas for seasonal workers are available per year, while an estimated 2,000 men, women, and children cross the Southwest border into the U.S. daily. An estimated 12 million undocumented persons live in the U.S. These workers come to the U.S. because of global economic realities that drive them out of their nations where they have no means for even subsistence living, and into low wage jobs in the U.S. While U.S. employers and consumers benefit from this source of cheap labor, undocumented workers and their children bear the brunt of a broken immigration system. The last immigration reform sought to stem the flow of illegal immigrants by sanctioning employers who knowingly hired undocumented workers. Enforcement has been sporadic and arbitrary. The financial incentives to employ workers who will be afraid to complain about substandard working conditions and violations of labor codes governing hours and wages are compelling. Few employers face civil or criminal sanctions for taking advantage of these laborers.

SALT also condemns ICE’s decision to criminally charge almost all of the arrested workers when few constitutional guarantees are available to them. Ordinarily, use of false Social Security numbers to engage in otherwise lawful conduct, such as to apply for jobs, is not pursued criminally. This unprecedented shift to criminalize workers for the use or possession of false work documents has not been accompanied by a comparable infusion of constitutional guarantees in the handling of these cases. ICE conducted the investigation leading to the Postville raid with easy-access to immigration databases and employee documents, by relying on informants, and then executed the raid with easily-procured administrative, not criminal, warrants. Thus, the protection of stricter Fourth Amendment search and seizure, Fifth Amendment due process, and Sixth Amendment right to counsel constitutional guarantees that apply to criminal investigations and arrests in judicial proceedings were unavailable to these workers. Moreover, the suppression remedy for illegally seized evidence or coerced confessions is quite limited in immigration proceedings. Overwhelmingly, most workers pled guilty in their criminal cases, and thus, relinquished any possibility of raising a Fourth Amendment challenge in court. These workers waived their Fourth Amendment and other due process guarantees under extreme prosecutorial pressure and with little opportunity for adequate legal representation.

SALT is also concerned about the consequences to communities of the involvement of local law enforcement in these raids. Already distrust of police keeps many immigrants from reporting crime, which increases their vulnerability as crime victims and as employees of unscrupulous employers. Moreover, these additional responsibilities drain limited resources and take local police away from their primary duties as community caretakers. Federal immigration enforcement by local police is constitutionally suspect, particularly in the absence of Congressional authorization.

SALT, therefore, urges the Department of Homeland Security to halt such raids immediately and to treat those still in detention humanely and in accordance with all due process guarantees available to criminal defendants. If ICE plans to charge workers as criminals, then ICE should procure lawful warrants based on probable cause for future workplace raids. SALT also calls on courts to be vigilant in protecting the constitutional rights of workers and their families affected by the raids, and apply stricter constitutional guarantees when criminal charges are implicated. Congress should also seriously consider the implications of its trade and agricultural subsidies on developing nations and future migration flows. It is irresponsible to ignore the intersections of these policies. SALT calls on Congress to adopt comprehensive immigration reform that offers a path to legalization to workers and their families. Such legislation must include strong labor protections while ensuring family unification.

bh

June 7, 2008 | Permalink | Comments (0) | TrackBack (0)

Death on The Border: The Season of Death

The first line of this Arizona Republic editorial says it all:

"The season of dying has started along Arizona's southern deserts."

May God forgive us for our sins!

KJ

June 7, 2008 | Permalink | Comments (2) | TrackBack (0)

Immigrant Crackdowns and the National Security State

An important essay by Roberto Lovato:

Most explanations of the relentless pursuit of undocumented immigrants since 9/11 view it as a response to the continuing pressures of angry, mostly white, citizens. The “anti-immigrant climate” created by civic groups like the Minutemen, politicos like (name the Republican candidate of your choice) and media personalities like CNN’s Lou Dobbs, we are told, has led directly to the massive – and growing – government bureaucracy for policing immigrants.

The Washington Post, for example, told us in 2006 that “The Minutemen rose to prominence last year when they began organizing armed citizen patrols along the U.S.-Mexico border, a move credited with helping to ignite the debate that has dominated Washington in recent months.”

Along the way to allegedly responding to “grassroots” calls about “real immigration reform” and “doing something about illegals,” the Bush Administration dismantled the former Immigration and Naturalization Service (INS) and created the Immigration and Customs Enforcement (ICE) agency, whose more than 15,000 employees and $5.6 billion budget make it the largest investigative component of the Department of Homeland Security and the second largest investigative agency in the federal government after the FBI.2 In the process of restructuring, national security concerns regarding threats from external terrorist enemies got mixed in with domestic concerns about immigrant “invaders” denounced by a growing galaxy of anti-immigrant interests. Click here for the rest of the piece.

bh

June 7, 2008 | Permalink | Comments (1) | TrackBack (0)

Undocumented Chinese Immigrants in Texas?

CNN reports this week the arrest of 15 Chinese undocumented immigrants along the Texas/Mexico border.  Many people do not know that there long has been Chinese migration through Mexico to the United States.  Since 1882, when the U.S. used the Chinese exclusion laws and other means to dramatically reduce n on Chinese immigration that would last decades, Chinese have been crossing the Mexican border. Early on, most of the traffic was along the border with California because Chinese rode ships into Mexican ports on the Pacific coast, Professor Peter Kwong (City University of New York) said. "This was a very early route," said Kwong, who wrote Forbidden Workers: Illegal Chinese Immigrants and American Labor. Eventually, though, Chinese immigrants began sailing directly into U.S. ports. Mexican again became a popular route in the late 1980s and early 1990s, when U.S. ports became less accessible. The Golden Venture incident, when a ship carrying 286 Chinese immigrants beached off the New York borough of Queens in 1993, drew broader attention to the issue of human suggling and further tightened access. More Chinese began flying into U.S. airports and requesting asylum. After September 11resyulted in tightened airport controls, smugglers began looking for less secure routes.

KJ

June 7, 2008 | Permalink | Comments (0) | TrackBack (0)

Friday, June 6, 2008

Legal vs illegal immigration isn't clear cut, study shows

About two in five legal immigrants to the United States have also spent time here illegally in what is a more complex immigration system than many Americans recognize, according to a report by the Public Policy Institute of California.

KJ

June 6, 2008 | Permalink | Comments (4) | TrackBack (0)

G. Gordon Liddy is BACK!

G__gordon_liddy_c_1964 Media Matters reports that "On his radio show, G. Gordon Liddy [remember Watergate!} claimed that undocumented immigrants from Mexico come to the United States and `want to fly the Mexican flag' and `want to speak Spanish' instead of learning English. Liddy then stated: `They want to reconquer America, they say.'"

For you youngsters out there, Liddy was one of the "masterminds" of the first break-in of the Democratic National Committee headquarters in the Watergate building in 1972. The subsequent cover-up of the scandal led to President Nixon's resignation in 1974.  Liddy served four and a half years in prison for his role in the burglary.

Click here to see the official G. Gordon Liddy website.

KJ

June 6, 2008 | Permalink | Comments (0) | TrackBack (0)

DHS to Reopen Arar Rendition Case

The Washington Post reports that "The Department of Homeland Security inspector general's office has reopened its investigation of the government's treatment of Maher Arar, a Syrian-born Canadian who, after being falsely named as a terrorist, was seized in September 2002 and sent to Syria, where he was tortured. DHS Inspector General Richard G. Skinner told a congressional hearing that he could not rule out the possibility that immigration officials violated a law that prohibits the American government from sending anyone to a country where he or she is likely to be tortured, especially since investigators were not allowed to question all participants.  Without elaborating, Skinner also said his office is conducting new interviews because it recently received information that contradicted one of its conclusions."

As previously reported, the Canadian government has apologized to Arar for its role in the rendition and paid him $9 million.

Stay tuned for the results of the investigation!

KJ

June 6, 2008 | Permalink | Comments (0) | TrackBack (0)

Responses to the Immigration Raids

We have been posting quite a bit lately about the immigrtaion raids conducted by ICE.  Here are some responses.

The Society of American Law Teachers (SALT) and National Lawyers Guild (NLG) have issues a "Joint Statement on ICE Immigration Raids and Criminal Immigration Enforcement."  It states:

"On May 12, 2008, the U.S. Immigration and Customs Enforcement Agency (ICE), now a part of the Department of Homeland Security, conducted the largest single-site immigration raid in U.S. history at Agriprocessors, a meatpacking plant in Postville, Iowa. Postville is the latest in a pattern of raids that has intensified in the past three years. With the help of state and local law enforcement, ICE arrested 389 workers, most of them from Guatemala and Mexico, nearly a third of all residents living in the town. The ICE raids came coincidentally after Agriprocessors had been issued 39 citations for alleged violations of state workplace safety and health standards, and after efforts to organize plant workers by the United Food and Commercial Workers Union, according to Iowa newspapers. In an unprecedented move, ICE criminally charged 302 of the workers with aggravated ID theft and/or for using false social security numbers. In a matter of days, with the workers held at various detention centers, ICE resolved the fate of most of these workers: 297 of these men and women pled guilty and were sentenced to prison and subsequent deportation. The uncharacteristic speed and efficiency of these proceedings left workers without adequate opportunity to consult with lawyers as they faced hard bargains from prosecutors. Hundreds of children were left not knowing about their parents’ fate. Only 44 workers were released to care for their children. As in past raids, these children are likely to suffer from depression, anxiety, and post-traumatic stress. In contrast to the fate of the workers, so far no one in Agriprocessors’ management has been charged, despite evidence that the company helped workers procure false documents, paid substandard wages, failed to pay overtime, and engaged in other types of grave worker mistreatment. SALT deplores these raids that are creating a moral, legal, and humanitarian crisis in our nation. ICE’s heavy handed enforcement against undocumented workers in the wake of failed immigration reform is shameful. Immigration laws remain completely out of touch with reality, and the absence of labor protection for these workers leaves them vulnerable to exploitation. Under current immigration laws, no more than 10,000 backlogged permanent visas for unskilled workers and 66,000 temporary visas for seasonal workers are available per year, while an estimated 2,000 men, women, and children cross the Southwest border into the U.S. daily. An estimated 12 million undocumented persons live in the U.S. These workers come to the U.S. because of global economic realities that drive them out of their nations where they have no means for even subsistence living, and into low wage jobs in the U.S. While U.S. employers and consumers benefit from this source of cheap labor, undocumented workers and their children bear the brunt of a broken immigration system. The last immigration reform sought to stem the flow of illegal immigrants by sanctioning employers who knowingly hired undocumented workers. Enforcement has been sporadic and arbitrary. The financial incentives to employ workers who will be afraid to complain about substandard working conditions and violations of labor codes governing hours and wages are compelling. Few employers face civil or criminal sanctions for taking advantage of these laborers. SALT also condemns ICE’s decision to criminally charge almost all of the arrested workers when few constitutional guarantees are available to them. Ordinarily, use of false Social Security numbers to engage in otherwise lawful conduct, such as to apply for jobs, is not pursued criminally. This unprecedented shift to criminalize workers for the use or possession of false work documents has not been accompanied by a comparable infusion of constitutional guarantees in the handling of these cases. ICE conducted the investigation leading to the Postville raid with easy-access to immigration databases and employee documents, by relying on informants, and then executed the raid with easily-procured administrative, not criminal, warrants. Thus, the protection of stricter Fourth Amendment search and seizure, Fifth Amendment due process, and Sixth Amendment right to counsel constitutional guarantees that apply to criminal investigations and arrests in judicial proceedings were unavailable to these workers. Moreover, the suppression remedy for illegally seized evidence or coerced confessions is quite limited in immigration proceedings. Overwhelmingly, most workers pled guilty in their criminal cases, and thus, relinquished any possibility of raising a Fourth Amendment challenge in court. These workers waived their Fourth Amendment and other due process guarantees under extreme prosecutorial pressure and with little opportunity for adequate legal representation. SALT is also concerned about the consequences to communities of the involvement of local law enforcement in these raids. Already distrust of police keeps many immigrants from reporting crime, which increases their vulnerability as crime victims and as employees of unscrupulous employers. Moreover, these additional responsibilities drain limited resources and take local police away from their primary duties as community caretakers. Federal immigration enforcement by local police is constitutionally suspect, particularly in the absence of Congressional authorization. SALT, therefore, urges the Department of Homeland Security to halt such raids immediately and to treat those still in detention humanely and in accordance with all due process guarantees available to criminal defendants. If ICE plans to charge workers as criminals, then ICE should procure lawful warrants based on probable cause for future workplace raids. SALT also calls on courts to be vigilant in protecting the constitutional rights of workers and their families affected by the raids, and apply stricter constitutional guarantees when criminal charges are implicated. Congress should also seriously consider the implications of its trade and agricultural subsidies on developing nations and future migration flows. It is irresponsible to ignore the intersections of these policies. SALT calls on Congress to adopt comprehensive immigration reform that offers a path to legalization to workers and their families. Such legislation must include strong labor protections while ensuring family unification.

Since 1973, the Society of American Law Teachers (SALT) has been an independent organization of law teachers, deans, law librarians, and legal education professionals working to make the profession more inclusive, to enhance the quality of legal education, and to extend the power of legal representation to under-served individuals and communities. www.saltlaw.org

Founded in 1937 as an alternative to the American Bar Association, which did not admit people of color, the National Lawyers Guild is the oldest and largest public interest/human rights bar organization in the United States. Its headquarters are in New York and it has chapters in every state. www.nlg.org"

Immigrants' rights organizations nationwide are calling for new and humane immigration policies in response to the ongoing raids, including the recent raid in Postville, Iowa. Here are some resources made available through the Immigration Advocates Network (IAN) and partner organizations.

On Immigration Advocates Network: The "Immigration Policy" library contains:

- "The 'Rule of Law' and U.S. Immigration Policy" and "Due Process for Immigrants," articles by Don Kerwin at http://www.immigrationadvocates.org/link.cfm?10153 (login required)

- "The Importance of Latinos and Immigrants to the Economy and Electorate of Key Presidential Primary States," a position paper by the Immigration Policy Center of the American Immigration Lawyers Foundation at http://www.immigrationadvocates.org/link.cfm?10154 (login required)

- "Immigrants and Crime: Setting the Record Straight," a position paper by the Immigration Policy Center of the American Immigration Lawyers Foundation at http://www.immigrationadvocates.org/link.cfm?10155 (login required)

Other Immigration Policy Materials:

ACLU Immigrants' Rights Project The ACLU Immigrants' Rights Project offers position papers and testimony on detention and removal practices, anti-immigrant local ordinances, and other immigration issues at http://www.aclu.org/immigrants/relatedinformation_legislative_documents.html

American Bar Association Commission on Immigration The ABA Commission on Immigration's website contains policy resolutions and policy letters on due process, right to counsel and other policy positions at http://www.abanet.org/publicserv/immigration/policy.shtml

American Immigration Lawyers Association The American Immigration Lawyers Association's public website includes position papers on a range of immigration issues including family immigration, comprehensive immigration reform, and other issues at http://www.aila.org/content/default.aspx?docid=6796

American Immigration Lawyers Foundation The American Immigration Lawyers Foundation's Immigration Policy Center provides free online immigration policy reports on demography, economics, education, and other issues at http://www.immigrationpolicy.org/index.php?content=home

Catholic Legal Immigration Network Catholic Legal Immigration Network's website includes immigration policy positions by its advocacy division on comprehensive immigration reform, the naturalization backlog, the no-match letter, and other issues at http://www.cliniclegal.org/DA.html

Immigrant Legal Resource Center The Immigrant Legal Resource Center includes free online access to its policy positions on immigration reform and the Dream Act at http://www.ilrc.org/congress.php

Lutheran Immigration and Refugee Service Lutheran Immigration and Refugee Service's website presents its position papers on unaccompanied minors, trafficking victims and other issues at http://www.lirs.org/DonateServe/advocate.htm

National Immigration Law Center The National Immigration Law Center's website includes an overview of key immigration issues facing the immigrants' rights movement at http://www.nilc.org/immlawpolicy/fedimm_overview_2007-11-16.pdf

National Immigration Project The National Immigration Project offers its policy position on systematic abuses in the immigration detention system at http://www.nationalimmigrationproject.org/Press.html

KJ

June 6, 2008 | Permalink | Comments (0) | TrackBack (0)

Anti-Castro Militant Case at the Fifth Circuit

The government seems to be serious about going after a foe of Fidel Castro who plotted the bombing of a Cuban Airliner. He allegedly lied on a naturalization application.  Michael Kunzelman writes for the Associated Press:

A U.S. judge improperly dismissed immigration fraud charges against an anti-Castro militant suspected of plotting the 1976 bombing of a Cuban airliner, a government lawyer told a federal appeals court Wednesday.

Prosecutors are appealing the dismissal of charges that Luis Posada Carriles made false statements as part of his bid to become a naturalized U.S. citizen.

Posada is a Cuban-born citizen of Venezuela, where he is wanted for alleged involvement in a 1976 airliner bombing that killed 73 people. He denies any wrongdoing.

U.S. prosecutors say he was taken into custody after he illegally entered the U.S. from Mexico in 2005.

In dismissing the immigration charges last year, U.S. District Judge Kathleen Cardone in El Paso, Texas, said federal authorities engaged in trickery and deceit by using a naturalization interview to build a criminal case against Posada.

Cardone also ruled that transcripts of Posada's April 2006 interview couldn't be used as evidence in the criminal case. The judge said the interview was tainted by a translator's mistakes interpreting for Posada.

Federal prosecutors argued Wednesday before the 5th U.S. Circuit Court of Appeals in New Orleans that Cardone should not have taken the case out of a jury's hands. John De Pue, a lawyer for the Department of Justice's national security division, said Cardone went too far in tossing out the entire transcripts of the interview. Click here for the rest of the story.

bh

June 6, 2008 | Permalink | Comments (0) | TrackBack (0)

Asylum Denied: An Indictment of Our Immigration System

Asylum_denied I just finished reading David Ngaruri Kenneys compelling immigration story in Asylum Denied: A Refugee's Struggle For Safety In America. The book tells the very human tale of political refugee David Ngaruri Kenney -- a previous Immigrant of the Day -- and his harrowing odyssey through the world of immigration processing in the United States.  Despite his imprisonment and torture in Kenya and remarkable escape to the United States, Kenney faced a guantlet of ordeals and proceedings (including the Fourth Circuit, a racist consular officer, etc.) as U.S. government agencies sought to deport him to Kenya and keep him from returning to his U.S. citizen wife in the United States.

This book highlights many of the problems with our current immigration system, including the disparities in asylum grants among different immigration judges, consular absolutism, the need for meaningful judicial review, the difficulties in satisfying the many requirements for relief from removal, and the basic harshness of the system.  Asylum Denied isa MUST READ for immigration junkies!

KJ

June 6, 2008 | Permalink | Comments (0) | TrackBack (0)

Immigrant of the Day: D.J. Mbenga (Zaire)

Act_dj_mbenga Didier Ilunga Mbenga, also referred as D.J. Mbenga (born December 30, 1980), is a professional basketball player. He is currently a reserve center for the Los Angeles Lakers of the NBA.

Mbenga was born in and raised in Zaire, now the Democratic Republic of the Congo. When a new regime took over power, Mbenga's father, a worker for the former government, was imprisoned.  Mbenga fled to to Belgium, where he received asylum.

While living in a refugee center, Mbenga was discovered by Belgian basketball legend Willy Steveniers, who eventually served as Mbenga's personal basketball mentor. After playing a few years in the Belgian league, Mbenga joined the NBA. Mbenga was signed by the Dallas Mavericks during the 2004-05 season and played for the Mavericks and later the Golden State Warriors.

In January 2008, Mbenga was signed to a 10-day contract by the Los Angeles Lakers and later signed for the rest of the 2007-08 season.  He has been a Laker since and is on the roster for the NBA Finals this year.

Mbenga speaks five languages: French, Portuguese, limited English, and two dialects from the Congo and runs a blog.

KJ

June 6, 2008 | Permalink | Comments (0) | TrackBack (1)

Thursday, June 5, 2008

New Immigration Books

Dufoix, Stéphane Diasporas / Stéphane Dufoix translated by William Rodarmor with a foreword by Roger Waldinger. Berkeley, Calif. : University of California Press, c2008

Flight to freedom : the story of Central American refugees in California / edited by Rossana Pérez with Henry A.J. Ramos English translation by Carolina Villarroel. Houston, Tex. : Arte Público Press, c2007

Hanson, Gordon H. (Gordon Howard) The economic logic of illegal immigration / Gordon H. Hanson. New York : Council on Foreign Relations, c2007

KJ

June 5, 2008 | Permalink | Comments (3) | TrackBack (0)

Influence of Latino Voters

As we all know, Latino voters across the country will play a key roll in the upcoming presidential election between Barack Obama and John McCain. A recent update of NDN’s presentation on Latino voters and their growing political importance can be found here:

http://www.ndn.org/hispanic/hispanicsrising-ii.pdf

bh

June 5, 2008 | Permalink | Comments (0) | TrackBack (0)

They Keep Coming! South Carolina's New Immigration Law

Yesterday, we reported on two state and local immigration laws that the courts refused to allow to go into effect.  Still, they KEEP COMING!   AP reports on South Carolina;s new immigration law:

"The following are highlights of the illegal immigration bill signed into law Wednesday. It will: - Require all businesses to verify that newly hired employees are in the country legally. Public contractors with at least 500 employees must begin verifying their new hires by January. All other businesses must follow by July 2010. - Create civil fines up to $1,000 per worker for failing to verify. - Require employers to temporarily shut down if an investigation finds they knowingly hired illegal immigrants. - Ban illegal immigrants over 18 from public assistance, with some exceptions such as emergency medical care. - Create a felony, punishable by up to five years in prison, for falsifying documents. - Make it a felony to transport or harbor illegal immigrants, though it provides exceptions for some charities, such as churches and soup kitchens. - Ban illegal immigrants from attending public colleges and bar them from winning state scholarships or grants. They would have to pay out-of-state tuition at private colleges. - Allow fired workers to sue their former employers if they're replaced by illegal workers within 60 days. - Bar gun sales to illegal immigrants."

KJ

June 5, 2008 | Permalink | Comments (7) | TrackBack (0)

Chicago Tribune Ignores McCain Flip-Flop on Immigration

The Chicago Tribune's Jill Zuckman asserted that Sen. John McCain "has a considerable record" as a "maverick" and cited his partnership with Democrats on immigration legislation, among other issues. But Zuckman did not mention that McCain reversed his position on immigration reform to appeal to Republican primary voters and no longer supports the comprehensive immigration reform legislation he sponsored with Sen. Edward Kennedy. See this report at Media Matters for America.

bh

June 5, 2008 | Permalink | Comments (1) | TrackBack (0)

CALL FOR PAPERS: 2008 Immigration Law & Policy Symposium November 7, 2008 Thurgood Marshall School of Law at Texas Southern University Houston, Texas

CALL FOR PAPERS & PANEL PARTICIPANTS

Thurgood Marshall School of Law in conjunction with the Thurgood Marshall Law Review is hosting a 2008 Immigration Policy Symposium. The Symposium will provide an opportunity for scholars to engage in discussions concerning America’s immigration policy’s impact on a wide variety of legal, economic, and social issues. We encourage scholars to submit an article or essay that examines immigration’s impact on issues including, but not limited to, undocumented immigrant status, employment, education, criminal procedure, race and the law, racial profiling, Congress and the power to regulate immigration and the preemption rationale as well as humanitarian efforts. While we prefer scholarly works addressing the indicated issues, we will gladly consider any submission on topics that also relates to immigration and demonstrate a commitment to legal, economic and social justice for all persons residing in America regardless of their immigration or citizenship status. Every individual who chooses to participate in the Symposium as a panelist must also present a work of publishable quality to the Law Review for publication. A written work of “publishable quality,” shall consist of not less than twenty (20) double spaced typewritten pages (including footnotes) relating to the topical focus of the Symposium. The goal for all articles submitted to the Law Review in conjunction with the Symposium is to publish them as a nested Special Issue within Volume 34, Issue 2 of the spring 2009 publication of the Thurgood Marshall Law Review. Please send an abstract of your paper to Ms. Andreaus Boise via e-mail at anboise@tmslaw.tsu.edu or a hard copy to: Ms. Andreaus Boise Thurgood Marshall School of Law 3100 Cleburne Street Houston, Texas 77004 (713) 313-1014 In your abstract, please indicate if you intend to serve as a panelist and submit a paper for publication or whether you are submitting a paper for publication only. The deadline for submitting abstracts is August 1, 2008. The final draft of publishable quality must be submitted to Ms. Boise not later than October 1, 2008. We hope that you will consider participating in the Symposium and writing for the Law Review. Feel free to email or call with any questions. Sincerely, Sammy Hooda, Editor-in-Chief Andreaus Boise Kristina Larry, Symposium Editor Thurgood Marshal Law Review Symposium Vice-Chair Thurgood Marshall Law Review Associate Dean Roberson King Professor L. Darnell Weeden Symposium Chair

KJ

June 5, 2008 | Permalink | Comments (0) | TrackBack (0)

Immigrant of the Day: Pau Gasol (Spain)

Paugasol Pau Gasol (born July 6, 1980 in Sant Boi de Llobregat, Barcelona, Catalonia, Spain) is a basketball player for the Los Angeles Lakers of the National Basketball Association (NBA). Gasol was drafted by the Atlanta Hawks in the 2001 NBA Draft, but was traded to the Memphis Grizzlies. He currently holds the Memphis Grizzlies franchise records for career games played, minutes played, field goals made and attempted, free throws made and attempted, offensive, defensive, and total rebounds, blocked shots, turnovers, and points.  On February 1, 2008, Gasol was traded to the Lakers.

Gasol is currently in his seventh year in the NBA. He is a solid scorer from both inside and midrange. He is also an above-average shotblocker, with a career average of 1.8 blocks per game. In Gasol's first season, he was Rookie of the Year, and named to the All-Rookie first team.

In the Lakers first win in the 2008 NBA playoffs over the Denver Nuggets, Gasol contributed 36 points, 16 rebounds, 8 assists, and 3 blocks. This has been Gasol's first trip beyond the first round as his team, the Lakers, made it to the Conference finals after defeating the Utah Jazz. Gasol scored 17 points and 13 rebounds in the Lakers win advancing them to the conference finals. On May 31, he recorded a career high 19 rebounds in a NBA Finals clinching win against the San Antonio Spurs. This marks Gasol's first trip to the NBA Finals.

KJ

June 5, 2008 | Permalink | Comments (1) | TrackBack (0)

On the Fragomen Audit

The U.S. Department of Labor announced earlier this week that it has begun auditing all permanent labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP, a respected international immigration law firm. The department stated that it "has information indicating that in at least some cases the firm improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers. The audits will determine which, if any, applications should be denied or placed into department-supervised recruitment because of improper attorney involvement in the consideration of U.S. worker applicants."

Immigration Daily had some haresh words for teh DOL's action:

"In an unprecedented action by DOL, all PERM applications involving attorneys at the Fragomen law firm are being audited. This punitive action is directed at the largest filer of PERM cases in the country. . . .  (For the cognoscenti, the significance of the dates and the organizations is as follows: ETA committed itself publicly to this action on 6/2, and in some shape or form, ETA came under attack subsequently. In the ensuing fracas, ETA convinced its parent organization to back it, and DOL did so on 6/4. In other words, the political action behind the scenes has escalated over the last few days from."

KJ

June 5, 2008 | Permalink | Comments (2) | TrackBack (0)

Wednesday, June 4, 2008

Another One (State Immigration Law) Bites the Dust -- At Least for Now

Earlier today, we reported on a court enjoining an Arizona town from enforcing an anti-day laborer ordinance.  Here is more good news.  The U.S. Chamber of Commerce announced today that "[a] U.S. District Court judge postponed enforcement of employer-related portions of an Oklahoma immigration law because it is `substantially likely' that the provisions of the law unconstitutionally interfere with federal regulation of the employment of unauthorized workers. Joining as co-plaintiffs are The State Chamber of Oklahoma, Greater Oklahoma City Chamber, Tulsa Metro Chamber, Oklahoma Restaurant Association and Oklahoma Hotel and Lodging Association."

For a copy of the full press release, and a link to the order, click Download ok_injunction_victory_press_release_final2021.txt

KJ

June 4, 2008 | Permalink | Comments (0) | TrackBack (0)

Court Blocks Local Arizona Anti-Solicitation Law

The ACLU announced today that "The U.S District Court in Phoenix issued a preliminary order today stopping the town of Cave Creek, Arizona from enforcing an anti-solicitation ordinance that infringes on the free speech rights of day laborers in that town. Pending a final ruling in the case, the order ensures that day laborers will be able to exercise their constitutional rights by expressing their availability to work by standing in public areas without fear of being cited under the ordinance."

MALDEF was co-counsel on the case.

Here is a copy of the ruling.

KJ

June 4, 2008 | Permalink | Comments (1) | TrackBack (0)