[Blogger’s Note: This post is submitted as a necessarily-lengthy formal comment to the November 20, 2015 draft guidance of U.S. Citizenship and Immigration Services, PM-602-0122, interpreting the phrase, “the same or [a] similar occupational classification” as used in the “increased job flexibility” provisions of Immigration and Nationality Act (INA) §§ 204(j) and 212(a)(5)(A)(iv). This comment incorporates by reference the … Continue Reading
Terabytes of text have already been generated in the course of extolling or excoriating President Obama for his November 20 Executive Actions on Immigration. The prolific foaming of bloviating mouths has mostly been prompted by the promise of deferred action and work permits for undocumented immigrants under the DACA and DAPA programs. Surprisingly, however, his equally profound measures to improve … Continue Reading
The times they are a-mournin’ for proponents of immigrant rights and immigration reform. While Pope Francis shows the world how to love by embracing and praying with a tumor-scarred man, immigrants-rights activists and immigration-reform pragmatists are at war among themselves over tactics in the battle to achieve just solutions to our nation’s dysfunctional immigration problems. They who should be allies … Continue Reading
French philosopher and aphorist, François-Marie Arouet, better known by his nom de plume, Voltaire, wrote in Italian that “Il meglio è l’inimico del bene [the perfect is the enemy of the good].”
I was escorted to the woodshed on January 15, a very public woodshed, and deservedly so. Alejandro (Ali) Mayorkas, the Director of U.S. Citizenship and Immigration Services (USCIS), politely took me to task at a Public Engagement during the Q & A session when I raised two points. One involves the subject of a future post. The other — … Continue Reading
[Blogger’s note: Today’s guest blog is by my friend and scholarly colleague, Nathan Waxman. Nathan revisits an issue he first considered eight years ago in this space when he bemoaned the increasingly poor quality of ethnically authentic food in New York City, and laid the blame upon our immigration laws. Having suffered through several more years of culinary displeasure, … Continue Reading
As Republicans join Democrats in contemplating reform of the nation’s dysfunctional immigration system, the final line of the Pledge of Allegiance (“with liberty and justice for all”) is the best place to start.
Revitalizing our broken and outdated 20th Century immigration laws to respond to the needs of 21st Century America will turn in large part on how we face … Continue Reading
“[A] riddle, wrapped in a mystery, inside an enigma” ~ Winston Churchill
The most quotable of British Prime Ministers could well have been talking about the American immigration system rather than describing Russia in 1939. U.S. immigration law is like stratified rock, revealing layer on layer of Congressional accretions laid down over many years, with the superstructure upended in … Continue Reading
Last week marked the end of the second annual National Coming out of the Shadows Week, a rite of passage for undocumented youth — Americans in all but the eyes of the law — who support enactment of the DREAM Act.
[Blogger’s note: This article is reprinted with permission from the February 22, 2012 edition of The New York Law Journal. ©2010 ALM Properties Inc. All rights reserved. Further duplication without permission is prohibited. The authors thank the Journal for permission to reprint this article.]No More Waiting on Legal Immigration
By Angelo A. Paparelli and Ted J. Chiappari
President … Continue Reading
From the first prehistoric evenings sitting around campfires, humans have been telling stories. Heroic myths, fairy-tale fables, oral histories — all have been seared into heart and memory through the power of narrative. Civil and criminal trials are merely stylized forms of storytelling. Journalism’s hook, theatre’s Sturm und Drang, reality television’s sour and sweet confections — all are bottomed on stories.
Although … Continue Reading
Many dysfunctions within the immigration ecospace are disturbing, but some make my blood boil. The conniption that brought me to this Howard Beale moment erupted after I belatedly read a Forbes online article, published last April, by Osha Gray Davis (“A Death in Juarez: How U.S. Immigration Policy Is Tearing American Families Apart“). The Forbes piece reported on two people murdered in the Mexican border … Continue Reading
With all the political hoo-ha about the need to prevent rascally businesses from employing unauthorized workers intentionally, the public ought not be faulted for assuming that the concept of “employment” under immigration law is clearly defined. Sad to say, but the assumers give life to the maxim that when we consider facts not in evidence we make a derrière out … Continue Reading
[Bloggers Note: Today’s offering is a Guest Post by Nici Kersey, who recounts memories as a child and their lasting impact, even on her practice of immigration law. For a similar recollection of government handouts from my childhood, click here.]
by Nici Kersey
The dog days of August are behind us, yet the economic doldrums persist. Unemployment remains unchanged and unacceptably high at 9.1%. The White House forecasts that it will stay there through the New Year and then likely drop only a tenth of a percentage point for all of 2012.
Congress returns this week to Washington. Vituperation in lieu of legislative action … Continue Reading
I’m no fan of the U.S. Department of State’s policies and actions in the immigration space. State’s approach, as manifested by the behavior of U.S. consular officers and the apparatchiks within the Visa Office at the Bureau of Consular Affairs, too often comes off as a mix of treacly haughtiness and callous indifference.
President Obama has put on a good show lately about the need for the populace to rise up and pressure the GOP to enact comprehensive immigration reform. He urges citizens to begin “a national conversation on immigration reform that builds a bipartisan consensus to fix our broken immigration system so it works for America’s 21st century economy.” With the White House claiming that … Continue Reading