Freedom of Information Act (FOIA) addressed by the Obama Administration: New Era of Open Government
"A democracy requires accountability, and accountability requires transparency."
This is the opening sentence of Barack Obama's January 21, 2009 presidential memo. The new chief executive went on to write, "All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA." Freedom of Information Act was signed into law by President Lyndon Johnson on July 4, 1966 (Amended 1996, 2002, 2007), and went into effect the following year. This act allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States Government.
News for Employers - I-9 Release Postponed Until April 3, 2009
U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS), is extending the effective date of its interim final rule “Documents Acceptable for Employment Eligibility Verification,” for 60 days, from February 2, 2009 to April 3, 2009. The delay will provide DHS with an opportunity for further consideration of the rule and also allows the public additional time to submit comments" FR Doc. 2009-2360 Filed 01/30/2009 at 4:15 pm; Publication Date: 02/03/2009.
Key DHS Appointments:
President Obama announced on January 29, 2009 his intention to nominate Ivan K. Fong as General Counsel for the U.S. Department of Homeland Security (DHS).
Ivan K. Fong is currently the Chief Legal Officer & Secretary for Cardinal Health, Inc., and served previously as Deputy Associate Attorney General for the Department of Justice, playing a key role in directing the federal government's role in civil litigation and enforcement matters. During his tenure, Fong was the primary author and editor of "The Electronic Frontier: The Challenge of Unlawful Conduct Involving the Use of the Internet," a groundbreaking report on cybercrime policy.
Secretary Janet Napolitano also announced several key members of her staff: David A. Martin, Principal Deputy General Counsel; Brian De Vallance, Senior Counselor to the Secretary; and Sean Smith, Deputy Assistant Secretary for Public Affairs.
IMMIGRATION ITEMS OF INTEREST
Academic Faces Deportation
Rob Carr/Associated Press Photo
"U.S. immigration authorities have begun deportation proceedings against a Rwandan academic who was suspended by Goucher College amid allegations that he had participated in the African country's 1994 genocide." (Baltimore Sun, February 6, 2009)
Dr. Leopold Munyakazi is a visiting scholar teaching French at the small, private, liberal arts college, near Baltimore, MD. He maintains his innocence in the face of war crimes charges brought by an African prosecutor. Dr. Munyakazi was arrested Tuesday, February 3, 2009, at his home in Towson for overstaying his visa, according to an Immigration and Customs Enforcement spokesman. Dr. Munyakazi was released from custody on the condition that he wears a monitoring device. He faces a deportation hearing in April. College President Sanford Ungar told faculty and students in an e-mail Saturday that Professor Leopold Munyakazi, 59, was removed from teaching after officials learned he had been indicted in 2006 on genocide charges in Rwanda.
More than a half-million Tutsis and moderate Hutus were killed in 1994 after the then-president's plane was shot down as he returned from negotiating with Tutsi rebels.
Munyakazi, a Hutu, said in an interview Monday at his home that he has been persecuted by the Rwandan government because his wife is Tutsi and he protected her and her family during the killings."I'm not hiding; I was never involved in genocide," Munyakazi said in an interview Monday at his home. "In my conscience, I am free of any guilt." (Fox News.com, February 3, 2009)
Who Belongs in America? Presidents, Rhetoric, and Immigration
Edited by Vanessa B. Beasley
Texas A&M University Press
Through their rhetoric, presidents help to create the frame for the American public's understanding of immigration. In an overarching essay and ten case studies, "Who Belongs in America?" explores select moments in U.S. immigration history, focusing on the presidential discourse that preceded, addressed, or otherwise corresponded to events.
The editor frames the central question of the book in her introduction and she also wrote the afterward. The ten other pieces were prepared for an annual conference on presidential rhetoric hosted at Texas A&M in 2001.
These chapters share a common interest in how, when, and under what circumstances U.S. presidents or their administrations have negotiated the tension that lies at the heart of the immigration issue. The various authors look at the dual views of immigrants as either symbols of hope and opportunity or as scapegoats for cultural fears, especially during trying times, and consider how U.S. presidents have navigated between these two motifs.
Since 9/11, few issues have more public significance than how America views immigrants. The contributors to this volume provide context that will help inform the public debate, as well as the scholarship, for years to come.
VANESSA B. BEASLEY, an associate professor of communication at the University of Georgia, is the author of You, the People: American National Identity in Presidential Rhetoric, also published by Texas A&M University Press. Her Ph.D. is from the University of Texas at Austin.
LITTLEIMMIGRATION INTELLECTUALS
IMMIGRATION BOOKS FOR CHILDREN
Coming to America: A Muslim Family's Story
by Bernard Wolf
This book is appropriate for grades 3 through 5. Addressing the surprising scarcity of books designed to introduce young readers to American adherents of this rapidly growing faith, Wolf adds impersonal, but specific, commentary to a generous set of big, bright photos to profile a family of Egyptian immigrants living in New York City.
Young Rowan and her family are Muslims. They live in a multiethnic neighborhood in Queens, New York, and in many ways are just like other Americans. The children attend public schools and enjoy watching television and playing with their friends in their spare time. But the Mahmouds also live in a way that preserves their culture and religious identity. They shop in Middle Eastern markets, prepare traditional meals, and follow the teachings of Islam. The transition to American life has not been easy for the Mahmouds, but devotion to family and religion keep them strong.
With captivating photographs and engaging text, Bernard Wolf invites us into the life of this close-knit family.
FOR IMMIGRATION ATTORNEYS ONLY:
WHAT'S NEW IN IMMIGRATION LAW that I must know?:
Immigration Law is constantly evolving. New cases, regulations, statutes, and memoranda are published almost every day. It is extremely difficult to keep up with all the changes. This section is intended to provide immigration attorneys with information concerning at least some of the most important developments in immigration law that took place in the last month.
In other words, what happened in the last month of which I absolutely should be aware?
This rule makes final an interim rule published in the Federal Register on August 18, 2003, amending the Department's regulations pertaining to the manner in which aliens may petition for the opportunity to participate in the Diversity Visa Program. The rule changed the standard mail-in system previously used to an entirely electronic system for the purpose of making the process less prone to fraud, improve efficiency and significantly reduce the processing costs to the Government.
There are three main benefits to changing the mail-in process to an electronic format. First, it helps eliminate multiple applications, prohibited under INA Section 204(a)(1)(I). Secondly, it greatly reduces the cost of administering the system. Finally, it benefits the petitioners by immediately notifying them of the receipt of the petition, impossible under the mail-in system.
IMMIGRATION INFORMATION
ATTORNEY CURTIS PIERCE RECOGNIZED
Curtis Pierce was named a Super Lawyer in the December 2008 issue of Super Lawyers -Corporate Counsel Edition, a publication for attorneys who specialize in business litigation.
PROCESSING TIMES & CASE STATUS
· To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.
The IMMIGRATION LAW E-NEWSLETTER is free. t is published by the Law Offices of Curtis Pierce, 213-327-0044.
Disclaimer: The information contained in this newsletter is analysis and commentary of a general nature. Nothing in this newsletter applies to a specific case nor does it constitute legal advice.
Schedule appointment: For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.
“The only title in our democracy superior to that of President (is) the title of citizen”.
Former Supreme Court Justice Louis Brandeis. (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")
In the words of President Kennedy,
the United States is a "nation of immigrants."
IMMIGRATION LAW E-NEWSLETTER Curtis F. Pierce
Attorney At Law
Certified Specialist, immigration & nationality law The State Bar of California Board of Legal Specialization
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