American Bar Association
Section of Administrative Law and Regulatory Practice
Immigration Debate:
Birthright Citizenship and the Fourteenth Amendment
May 18, 2007
2:00 p.m. – 3:30 p.m. CST
The Driskill Hotel
604 Brazos Street, Austin, TX 78701
In-Person or Teleconference Event
The American people are frustrated with the lack of enforcement of law at the border, and are increasingly open to new policies, including policies to eliminate the incentives for illegal entry. No one disputes that superior economic opportunity in the United States is a strong magnet. But some policy activists have also begun to contend that birthright citizenship for children born in the United States is another important attraction. Accordingly, numerous proposals have been introduced in Congress to repeal birthright citizenship for the children of undocumented persons, as well as for the children of persons other than U.S. citizens and aliens lawfully admitted for permanent residence. Section 1 of the Fourteenth Amendment, however, provides that "[a]all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside." In light of this provision, are these proposals to repeal birthright citizenship by statute constitutional? And in light of this nation's traditions, customs, and values, are these proposals good policy?
Moderator:
• Anna Williams Shavers, Professor of Law, University of Nebraska College of Law, Lincoln, NE
Panelists:
• John C. Eastman, Interim Associate Dean of Administration and Henry Salvatori Professor of Law & Community Service, Orange, CA
• Robert F. Holland, Associate Professor of Law, South Texas College of Law, Houston, TX
• James C. Ho, Of Counsel, Gibson, Dunn & Crutcher LLP, Dallas, TX
• Margaret Stock, Associate Professor, Department of Social Sciences, United States Military Academy, West Point, New York
http://www.abanet.org/adminlaw/spring2007/home.html
Wednesday, May 9, 2007
Tuesday, April 10, 2007
BOOKS: IMMGRATION PRACTICE 2006-2007
From ILW.COM:
Immigration Practice 2006-2007
by Robert C. Divine & R. Blake Chisam
++ Liberally cross references to other sections in the book where
related topics are discussed (because so many topics are
interrelated).
++ Provides line-by-line instructions on how to complete the most
commonly used forms to avoid embarrassing mistakes.
++ Contains comprehensive charts of detailed contact information
for the officials in the many government agencies
administering immigration laws, some of which are not
available anywhere else, including INS' reorganized regional
and district offices, Immigration Courts, consulates
throughout the world (with country-unique rules), labor
department regional offices, state employment and prevailing
wage specialists, suppliers of country conditions information
for asylum claims, au pair programs, and more; (such as
Internet sites, and au pair agencies)
++ Organizes explanations of potentially applicable visa options
according to the attributes of the alien (and the employer),
rather than the classifications in alphabetical order, so that
practitioners can make sense of options in light of the client
in the office.
++ Compares and charts attributes and procedures of such topics
as nonimmigrant visa classifications, procedures to permanent
residence, and standards of "extreme" hardship. - Cites the
most useful Internet site URLs with explanation of the
increasingly helpful free databases and tools available
through each one.
++ Is edited and completely updated each year with the latest
developments in all areas of immigration law.
For more info on Immigration Practice and to order, http://www.ilw.com/store/ImmigrationPractice.shtm
Immigration Practice 2006-2007
by Robert C. Divine & R. Blake Chisam
++ Liberally cross references to other sections in the book where
related topics are discussed (because so many topics are
interrelated).
++ Provides line-by-line instructions on how to complete the most
commonly used forms to avoid embarrassing mistakes.
++ Contains comprehensive charts of detailed contact information
for the officials in the many government agencies
administering immigration laws, some of which are not
available anywhere else, including INS' reorganized regional
and district offices, Immigration Courts, consulates
throughout the world (with country-unique rules), labor
department regional offices, state employment and prevailing
wage specialists, suppliers of country conditions information
for asylum claims, au pair programs, and more; (such as
Internet sites, and au pair agencies)
++ Organizes explanations of potentially applicable visa options
according to the attributes of the alien (and the employer),
rather than the classifications in alphabetical order, so that
practitioners can make sense of options in light of the client
in the office.
++ Compares and charts attributes and procedures of such topics
as nonimmigrant visa classifications, procedures to permanent
residence, and standards of "extreme" hardship. - Cites the
most useful Internet site URLs with explanation of the
increasingly helpful free databases and tools available
through each one.
++ Is edited and completely updated each year with the latest
developments in all areas of immigration law.
For more info on Immigration Practice and to order, http://www.ilw.com/store/ImmigrationPractice.shtm
BOOKS - THE PERM BOOK
From ILW.COM:
THE PERM BOOK
This Book Has Over Nine Hundred Pages Of Information
++ A section-by-section interpretation of the PERM rule by Joel
Stewart and his commentary on the rule
++ A box-by-box discussion of Form 9089 by Joel Stewart,
including a handy checklist for filing a PERM case
++ Articles by many noted practitioners on specific topics
arising from the PERM rule
++ Essential reference materials: 14 documents Additional CD-ROM
++ reference materials: Over 100 megabytes,
over 1,400 files
Table of Contents Part 4: Essential Reference Materials
++ The PERM Rule
++ ETA Form 9089, Application For Permanent Employment
Certification
++ The "Current Regulation" as defined in the PERM Rule State Workforce
++ Agency (SWA) Prevailing Wage Forms General Administration Letter 2-98
++ Prevailing Wage Determination Policy Guidance For
Nonagricultural Immigration Programs
++ Job Orders Under Employment Service Regulations DOL Information:
++ Addresses And Jurisdictions Professional Recruitment Occupations From
++ Appendix A Arranged
In Alphabetical Order
++ Full SOC Definitions For Occupations Surveyed By OES In SOC
Code Order
++ Stratifying Occupational Units by Specific Vocational
Preparation (SVP) By The National Center For O*NET Development
Employment Security Commission Background On Development of
Appendix A for Professional Recruitment
Occupations From Occupational Outlook Quarterly, Vol 39, No. 4
++ 29 CFR 18 - Hearing Procedure For BALCA Federal Litigation Resource:
++ The Lawyer's Guide To 212(a)(5)
(A): Labor Certification From 1952 To PERM By Gary Endelman
Table of Contents Part 5: CD-ROM Reference Materials
++ The PERM Rule
++ State Workforce Agency (SWA) Prevailing Wage Forms
2005 OES Wage data
++ Links to SWA job order web sites
++ Professional Recruitment Occupations From Appendix A arranged
in alphabetical order
++ Full SOC Definitions for occupations surveyed by OES In SOC
Code Order
++ The North America Industry Classification System (NAICS) Active GALs
++ in labor certification cases Occupational Projections and Training
++ Data 2004-2005 Edition
For more info on THE PERM BOOK, and to order, http://www.ilw.com/store/THEPERMBOOK.shtm.
THE PERM BOOK
This Book Has Over Nine Hundred Pages Of Information
++ A section-by-section interpretation of the PERM rule by Joel
Stewart and his commentary on the rule
++ A box-by-box discussion of Form 9089 by Joel Stewart,
including a handy checklist for filing a PERM case
++ Articles by many noted practitioners on specific topics
arising from the PERM rule
++ Essential reference materials: 14 documents Additional CD-ROM
++ reference materials: Over 100 megabytes,
over 1,400 files
Table of Contents Part 4: Essential Reference Materials
++ The PERM Rule
++ ETA Form 9089, Application For Permanent Employment
Certification
++ The "Current Regulation" as defined in the PERM Rule State Workforce
++ Agency (SWA) Prevailing Wage Forms General Administration Letter 2-98
++ Prevailing Wage Determination Policy Guidance For
Nonagricultural Immigration Programs
++ Job Orders Under Employment Service Regulations DOL Information:
++ Addresses And Jurisdictions Professional Recruitment Occupations From
++ Appendix A Arranged
In Alphabetical Order
++ Full SOC Definitions For Occupations Surveyed By OES In SOC
Code Order
++ Stratifying Occupational Units by Specific Vocational
Preparation (SVP) By The National Center For O*NET Development
Employment Security Commission Background On Development of
Appendix A for Professional Recruitment
Occupations From Occupational Outlook Quarterly, Vol 39, No. 4
++ 29 CFR 18 - Hearing Procedure For BALCA Federal Litigation Resource:
++ The Lawyer's Guide To 212(a)(5)
(A): Labor Certification From 1952 To PERM By Gary Endelman
Table of Contents Part 5: CD-ROM Reference Materials
++ The PERM Rule
++ State Workforce Agency (SWA) Prevailing Wage Forms
2005 OES Wage data
++ Links to SWA job order web sites
++ Professional Recruitment Occupations From Appendix A arranged
in alphabetical order
++ Full SOC Definitions for occupations surveyed by OES In SOC
Code Order
++ The North America Industry Classification System (NAICS) Active GALs
++ in labor certification cases Occupational Projections and Training
++ Data 2004-2005 Edition
For more info on THE PERM BOOK, and to order, http://www.ilw.com/store/THEPERMBOOK.shtm.
PUBLICATIONS: PQ: THE PERM QUARTERLY
FROM ILW.COM:
PQ: The PERM Quarterly
The second issue (September) of PQ: The PERM Quarterly features the following:
BOOK OUTLINE
++ Recently Emerging Issues By Joel Stewart In-Job Experience: Why We
++ Need It and How We Can Still Get It
By Gary Endelman
++ Ask The Editor By Joel Stewart
++ Professional & Trade Journals Under PERM By Nathan Waxman Joel
++ Stewart's BALCA Review By Joel Stewart First PERM BALCA Decision By
++ Careen B. Shannon BALCA's Health America Decision Doesn't Go Far
++ Enough
By R.Blake Chisam
++ Federal Court Litigation By Sam Udani
CD-ROM Table of Contents:
++ Matter of HealthAmerica, No. 2006-PER-00001
(BALCA, Jul.18, 2006)
++ Darby v. Cisneros, 509 U.S. 137, 125 L. Ed. 2d 113, 113
Supreme Court. 2539 (1993)
++ Carlson Letter On PERM Modification
++ FAQ On Public Disclosure System
++ FAQ On Extended RIR Conversion Date
++ Training And Employment Guidance Letter No. 7-06 Public Disclosure
++ System from OFLC Federal Register Notice on RIR Eligibility Date
Errata
The first issue (June) of PQ: The PERM Quarterly features the
following:
BOOK OUTLINE
++ Major Fluke In Perm Regulation: Validity Period Of PWD In
Error By Joel Stewart
++ What You Do After The Ads Have Been Run? Resumes, Interviews,
And Results By Edward R. Litwin
++ Filing Duplicate Applications By Joel Stewart Tips For Filing
++ Schedule-A Applications Under PERM
By Sherry Neal
++ Labor Certification Through PERM: An Up-to-date Overview Of
The PERM Rule By Joel Stewart
++ How To File Prevailing Wage Requests By Jane Goldblum Recently
++ Emerging Issues By Joel Stewart
++ Ethics: What Do You Do When A Qualified U.S. Worker Applies?
By R. Blake Chisam
++ Joel Stewart's BALCA Review By Joel Stewart Note On Online Job Fairs
++ By David H. Nachman Ask The Editor By Joel Stewart Professional
++ Recruitment Occupations From Appendix A arranged
by the O*NET SOC Code
++ PERM Resources
++ Errata
CD-ROM Table of Contents:
++ PERM FAQs #s 1, 2, 3, 4, 5, 6, 7, 8
++ PERM Backlog Processing FAQs May 2, 2005 Revised Prevailing Wage
++ Determination Guidance Memos (May 9,
2005, August 1, 2005)
++ Hurricane Memos (October 13, 2005, November 16, 2005) BALCA Cases:
++ (Sanchez Elvina, Inc. d/b/a Ely-Lyn House of
Beauty; IBM Corporation; Cottonwood Home; Professional
Staffing Services of America; Madni, Inc., t/a Silver and
Watch Palace;
Siemens Energy and Automation, Inc.;
++ Federal Court Case (Liberty Fund v. Chao, DOL Mandamus
By Sam Udani)
++ Professional Recruitment Occupations From Appendix A Arranged
By The O*NET SOC Code
++ Occupational Outlook Handbook
For more info on PQ: The PERM Quarterly, and to subscribe, http://www.ilw.com/store/pq.shtm
PQ: The PERM Quarterly
The second issue (September) of PQ: The PERM Quarterly features the following:
BOOK OUTLINE
++ Recently Emerging Issues By Joel Stewart In-Job Experience: Why We
++ Need It and How We Can Still Get It
By Gary Endelman
++ Ask The Editor By Joel Stewart
++ Professional & Trade Journals Under PERM By Nathan Waxman Joel
++ Stewart's BALCA Review By Joel Stewart First PERM BALCA Decision By
++ Careen B. Shannon BALCA's Health America Decision Doesn't Go Far
++ Enough
By R.Blake Chisam
++ Federal Court Litigation By Sam Udani
CD-ROM Table of Contents:
++ Matter of HealthAmerica, No. 2006-PER-00001
(BALCA, Jul.18, 2006)
++ Darby v. Cisneros, 509 U.S. 137, 125 L. Ed. 2d 113, 113
Supreme Court. 2539 (1993)
++ Carlson Letter On PERM Modification
++ FAQ On Public Disclosure System
++ FAQ On Extended RIR Conversion Date
++ Training And Employment Guidance Letter No. 7-06 Public Disclosure
++ System from OFLC Federal Register Notice on RIR Eligibility Date
Errata
The first issue (June) of PQ: The PERM Quarterly features the
following:
BOOK OUTLINE
++ Major Fluke In Perm Regulation: Validity Period Of PWD In
Error By Joel Stewart
++ What You Do After The Ads Have Been Run? Resumes, Interviews,
And Results By Edward R. Litwin
++ Filing Duplicate Applications By Joel Stewart Tips For Filing
++ Schedule-A Applications Under PERM
By Sherry Neal
++ Labor Certification Through PERM: An Up-to-date Overview Of
The PERM Rule By Joel Stewart
++ How To File Prevailing Wage Requests By Jane Goldblum Recently
++ Emerging Issues By Joel Stewart
++ Ethics: What Do You Do When A Qualified U.S. Worker Applies?
By R. Blake Chisam
++ Joel Stewart's BALCA Review By Joel Stewart Note On Online Job Fairs
++ By David H. Nachman Ask The Editor By Joel Stewart Professional
++ Recruitment Occupations From Appendix A arranged
by the O*NET SOC Code
++ PERM Resources
++ Errata
CD-ROM Table of Contents:
++ PERM FAQs #s 1, 2, 3, 4, 5, 6, 7, 8
++ PERM Backlog Processing FAQs May 2, 2005 Revised Prevailing Wage
++ Determination Guidance Memos (May 9,
2005, August 1, 2005)
++ Hurricane Memos (October 13, 2005, November 16, 2005) BALCA Cases:
++ (Sanchez Elvina, Inc. d/b/a Ely-Lyn House of
Beauty; IBM Corporation; Cottonwood Home; Professional
Staffing Services of America; Madni, Inc., t/a Silver and
Watch Palace;
Siemens Energy and Automation, Inc.;
++ Federal Court Case (Liberty Fund v. Chao, DOL Mandamus
By Sam Udani)
++ Professional Recruitment Occupations From Appendix A Arranged
By The O*NET SOC Code
++ Occupational Outlook Handbook
For more info on PQ: The PERM Quarterly, and to subscribe, http://www.ilw.com/store/pq.shtm
BOOKS: CHILD STATUS PROTECTION ACT HANDBOOK
From ILW.COM:
Child Status Protection Act Handbook by Charles Wheeler of the Catholic Legal Immigration Network (CLINIC)
++ Chapter 1: Overview Of Age Out
++ Chapter 2: Overview Of The CSPA And Implementation Chapter 3: The
++ CSPA And Family-based Visas Chapter 4: The CSPA And Employment-based
++ Visas Chapter 5: The CSPA And Diversity Visa Lottery Chapter 6: The
++ CSPA And Asylee/Refugee Processing Chapter 7: The CSPA And VAWA
++ Twenty-four Appendices Numerous CD-ROM Resource Materials
For more info on the Child Status Protection Act Handbook, and to order, http://www.ilw.com/store/cspa.shtm.
Child Status Protection Act Handbook by Charles Wheeler of the Catholic Legal Immigration Network (CLINIC)
++ Chapter 1: Overview Of Age Out
++ Chapter 2: Overview Of The CSPA And Implementation Chapter 3: The
++ CSPA And Family-based Visas Chapter 4: The CSPA And Employment-based
++ Visas Chapter 5: The CSPA And Diversity Visa Lottery Chapter 6: The
++ CSPA And Asylee/Refugee Processing Chapter 7: The CSPA And VAWA
++ Twenty-four Appendices Numerous CD-ROM Resource Materials
For more info on the Child Status Protection Act Handbook, and to order, http://www.ilw.com/store/cspa.shtm.
BOOKS: FAMILY-BASED IMMIGRATION: NUTS & BOLTS
From ILW.COM:
Family-Based Immigration: Nuts & Bolts; Editor: Charles Wheeler of the Catholic Legal Immigration Network, Inc. (CLINIC)
++ Chapters: Immediate Relatives And The Preference System,
Overview Of The Application Process For Permanent Residence, Adjustment Of Status, Consular Processing, Immigrating Through Marriage, Grounds Of Inadmissibility, Waivers Of Inadmissibility, Affidavit Of Support, Self-Petitions For Abused Spouses And Children, & Ethics
++ 35 Appendices include: Sample Request For Criminal History,
Documenting I-130 Petitions, Sample Motion To Reinstate I-130, Consular Processing Instruction Package, Consular Processing Appointment Package, Suggested Evidence Of Bona Fide Marriage,
I-601 Waiver Packet Based On INA 212(h) (Criminal Convictions),
I-601 Waiver Packet Based On INA 212(i) (Fraud Or Misrepresentation), I-601 Waiver Packet Based On INA 212(a)(9)
(B)(v) (Unlawful Presence), & I-212, Request For Permission To Reapply For Admission After Deportation
++ CD-ROM includes: relevant regulatory sections from 8 CFR, 22
CFR, etc., many forms from USCIS, DOS, SSA & IRS, significant statutory provisions, key BIA & Federal cases, selected USCIS memos, public health service documents, etc.
For more info on Family-Based Immigration: Nuts & Bolts, and to order, http://www.ilw.com/store/familybasedimmigration.shtm
Family-Based Immigration: Nuts & Bolts; Editor: Charles Wheeler of the Catholic Legal Immigration Network, Inc. (CLINIC)
++ Chapters: Immediate Relatives And The Preference System,
Overview Of The Application Process For Permanent Residence, Adjustment Of Status, Consular Processing, Immigrating Through Marriage, Grounds Of Inadmissibility, Waivers Of Inadmissibility, Affidavit Of Support, Self-Petitions For Abused Spouses And Children, & Ethics
++ 35 Appendices include: Sample Request For Criminal History,
Documenting I-130 Petitions, Sample Motion To Reinstate I-130, Consular Processing Instruction Package, Consular Processing Appointment Package, Suggested Evidence Of Bona Fide Marriage,
I-601 Waiver Packet Based On INA 212(h) (Criminal Convictions),
I-601 Waiver Packet Based On INA 212(i) (Fraud Or Misrepresentation), I-601 Waiver Packet Based On INA 212(a)(9)
(B)(v) (Unlawful Presence), & I-212, Request For Permission To Reapply For Admission After Deportation
++ CD-ROM includes: relevant regulatory sections from 8 CFR, 22
CFR, etc., many forms from USCIS, DOS, SSA & IRS, significant statutory provisions, key BIA & Federal cases, selected USCIS memos, public health service documents, etc.
For more info on Family-Based Immigration: Nuts & Bolts, and to order, http://www.ilw.com/store/familybasedimmigration.shtm
BOOKS - PATEL'S LIBRARY
From ILW.COM
Patel's Library 2007-2008 Edition
By Pravinchandra J. Patel
For those who want to save money by ordering all the books in Patel's library, here is how to get more info and to order, http://www.ilw.com/store/patel'slibrary.shtm
Patel's Library 2007-2008 Edition
By Pravinchandra J. Patel
For those who want to save money by ordering all the books in Patel's library, here is how to get more info and to order, http://www.ilw.com/store/patel'slibrary.shtm
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