1. 6/13, Washington, DC - House hearing on the Strengthen and Fortify Enforcement Act (SAFE Act)
2. 6/13-14, Irvine, CA - Immigration law scholars and teachers conference
3. 6/21, Washington, DC - Book forum: Global Crossings: Immigration, Civilization, and America
4. 6/25-27, Amsterdam, Netherlands - Immigration at the Council for European Studies annual meeting
5. 6/26-29, San Francisco, CA - AILA annual conference on immigration law
6. 7/1-12, Brussels, Belgium - Summer program on EU immigration law and policy

1.
H.R. 2278, the "Strengthen and Fortify Enforcement Act" (The SAFE Act)

2:00 p.m., Thursday, June 13, 2013
House Committee on the Judiciary
2141 Rayburn House Office Building
http://judiciary.house.gov/hearings/113th/hear_06132013_2.html

Witness List:

Paul Babeu
Sheriff of Pinal County
Florence, Arizona

Chris Crane
President, National Immigration and Customs Enforcement Council 118 American Federation of Government Employees

Sam S. Page
Sheriff of Rockingham County Wentworth, North Carolina

Jamiel Shaw, Sr.
Jamiel's Law Los Angeles, California

Randy C. Krantz
Commonwealth's Attorney Bedford, Virginia

Sabine Durden
Mother of Dominic Durden
Moreno Valley, California

Karen Tumlin
Managing Attorney
National Immigration Law Center

Clarissa Martinez De Castro
Director of Civic Engagement and Immigration National Council
National Council of La Raza

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2.
2013 Emerging Immigration Law Scholars and Teacher’s Conference

Thursday-Friday, June 13-14, 2013
University of California, Irvine School of Law
401 East Peltason Drive
Irvine, CA 92697-8000
http://www.law.uci.edu/events/immigration-conference/

Description: This conference is being organized to create a space for junior immigration law scholars and teachers to share drafts of their research projects, discuss teaching techniques, and to get to know one another. This conference is modeled after similar conferences held at Hofstra School of Law in 2009 and American University, Washington College of Law in 2011. We intend for this gathering to occur every other year. Specifically, it is held during the off-years of the biannual Immigration Law Teachers Workshop (which addresses the interests and needs of the larger immigration law teaching community).

Conference program:

Thursday, June 13

9:15-10:45 a.m.
Teaching Immigration Law: a discussion amongst survey, clinical, and specialized course perspectives

Moderator:
Ernesto Hernández-López, Chapman

Mariela Olivares, Howard University; Sameer Ashar, UC Irvine; Jayashri Srikantiah, Stanford University

12:15-1:45 p.m.
The past and future of immigration law teaching: A discussion with Professor Hiroshi Motomura

2:00-3:30 p.m.
The Value of Immigration Scholarship

Moderator:
Leticia Saucedo, UC Davis

Muneer Ahmad, Yale University; Jack Chin, UC Davis; Juliet Stumpf, Lewis & Clark College; Beth Lyon, Villanova University

Friday, June 14

9:15-10:45 a.m.
Structuring an Academic Career: Tenure and Other Considerations

Moderator:
David Rubenstein, Washburn University

Ingrid Eagly, UCLA; Jennifer Chacon, UC Irvine; Marisa Cianciarulo, Chapman University

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3.
Global Crossings: Immigration, Civilization, and America

12:00 p.m., Friday, June 21, 2013
Cato Institute, Hayek Auditorium
1000 Massachusetts Ave., N.W.
Washington, D.C. 20001
http://www.cato.org/events/global-crossings-immigration-civilization-ame...

Description: Why do millions of people continue to risk their lives, sometimes losing them, in the pursuit of a chance to establish themselves in a foreign land? Alvaro Vargas Llosa will describe who immigrants are and why they move, and he will compare the immigrant experience today to that of previous eras, identifying far more similarities than differences. By reviewing such topics as religion, education, entrepreneurial spirit, and attitudes toward the receiving society, Mr. Vargas Llosa will assess whether critics are justified in pointing to a major cultural shift. Taking into account economic factors, including the role of the welfare state, the author will outline a pro-immigration agenda for the United States and other rich countries that minimizes costs and harnesses the benefits of globalization.

Speaker:
Alvaro Vargas Llosa (Author)
Senior Fellow, The Center on Global Prosperity
Independent Institute

Moderator:
Ian Vásquez
Director, Center For Global Liberty And Prosperity
Cato Institute

Commentor:
Alex Nowrasteh
Immigration Policy Analyst
Cato Institute

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4.
20th International Conference of Europeanists

Crisis and Contingency: States of (In)stability

Sponsored by Council for European Studies at Columbia University

June 25-27, 2013
University of Amsterdam
Amsterdam, The Netherlands
http://councilforeuropeanstudies.org/conferences/2013-ces-conference

Conference program:

Monday, June 24, 2013

6:00-8:00 p.m.
Institute for Migration and Ethnic Studies (IMES) Sponsored Roundtable On Forced Migration
William Walters, Barak Kalir, and Liza Schuster

Refugees, asylum-seekers and other people whose very mobility has been forced upon them -- those fleeing political and religious persecution, escaping dire economic conditions, are pushed by wars to take refuge in neighboring countries, or the victims of human trafficking, -- have been a growing category of mobile population in the twentieth century and the focus of social policies and political debates. As Stephen Castles noted, the presence of this group is tightly connected to national-level control of borders, state security, and inevitably, global considerations about conflict and development. It also has heightened the experience of exile and the sense of displacement and dependability, almost turning them to a generalized human condition. Europe itself has been profoundly re-shaped by the displacement of peoples historically living in its territory -- one only needs to think about the World War Two and its aftermath, with the refuge, exile and extermination at an unprecedented scale, -- and by the
in-flow of displaced persons from outside it. Today, European policies of migration have also came under scrutiny, as deportations of unsuccessful asylum seekers and irregular migrants have increased, raising difficult questions about the policy’s relation to forced, involuntary migration.

This round table draws attention to deportees, who had often been forced out of their countries to begin with, but were never recognized as political subjects in the countries were they attempt to settle down; to specific ethnicized and racialized groups driven into the almost perpetual mobility nearly across all of Europe; and to the uses of uprooting and displacement by European states and their periphery, deployed explicitly in the process of state-building. By interrogating these various aspects of the phenomenon of ‘forced migration’, the round table aims at raising public and scholarly awareness of the politics of displacement in Europe’s past and present. It also brings back the phenomenon into the orbit of Migration Studies, but not as a separate category but as part and parcel of a more holistic understanding of global

Tuesday, June 25, 2013

9:00-10:45 a.m.
Naturalization, Dual Citizenship and Immigrant Integration

Dual citizenship is a fact of life in a mobile world. As a result of international migration, rearrangements of the territorial scope of states, and the lack of a global coordination between citizenship laws, millions of people worldwide are citizens of two, or more, states. Children, in most cases, automatically become dual citizens when their parents are citizens of different states. They often also acquire two citizenships when they are born in another country than their parents, whose citizenship they acquire by descent, and their country of birth has a regime of territorial birthright. Many people moreover acquire an additional citizenship at a later stage of life because they take up residence in another country than where they born and wish to consolidate their position in that new society through acquiring the citizenship of their country of residence. Despite its ascendency as a demographic phenomenon, however, dual citizenship is still seen by many as a problematic phenomenon that should be avoided if possible. Many states, in Europe and beyond, actively discourage multiple citizenship, by requiring candidates for naturalization to renounce their previous citizenship prior to naturalization or by having provisions that lead to the automatic loss of citizenship when their citizens voluntarily acquire another citizenship. Yet, whereas dual citizenship at least in some countries is hotly debated, we know very little about whether having two or more citizenships matters in terms of the integration in host societies, for example in terms of participation by immigrants in the labor market, social contacts, and engagement in society.

The papers in this session focus on specifically on the category of persons for whom dual citizenship is most strongly contested: foreign-born immigrants. The papers discuss both the relation between the availability of dual citizenship and naturalization rates, as well as the relation between citizenship status and indicators of immigrant integration. The session has a strong comparative dimension, with papers focusing on the Netherlands, Sweden and the US. We also discuss important methodological questions about how best to analyze the relation between naturalization, dual citizenship and immigrant integration.

Does Dual Citizenship Increase Naturalization? Evidence from Indian Immigrants in the U.S.
Daniel Naujoks, Hamburg Institute of International Economics (HWWI)

Dual Citizenship As Segmented Assimilation? Naturalization, Citizenship of Origin and Employment Status of Immigrants in the Netherlands
Maarten Peter Vink, Maastricht University

Having Two Passports: The Economic Effect of Citizenship in Sweden
Pieter Bevelander, Malmo University; Jonas Helgertz, Stockholm University

Practices and Discourses of European External Migration Policies: Beyond a Eurocentric Analysis of European External Action

The constitution of a European migration policy has proved difficult, because member States have been reluctant to delegate to the European Union, but also because the genesis and implementation of these policies has met with reluctance or opposition from external countries and civil society. The analysis of European migration policy is often Eurocentric and concentrated on the highest levels of policy-making. This panel is an attempt to study an external policy of the EU by “provincializing Europe” (Chakrabarty 2000): although focused on European policies, the papers will move away from a description of European institutions as central. By looking at day-to-day practices and discourses of actors and exploring the interactions of EU actors with the “external” – external countries, international organizations, NGOs – this panel will show that the complexity of building a European external policy does not lie only within Europe.

Since the European Council of Tampere (1999), the Commission has been in charge of several dimensions of EU external migration policy: asylum, visa, border control and the fight against irregular migration. The literature examining the developments of the EU’s external migration policy has mostly focused on the internal construction of this policy, as a mode of « external governance », or on the role of « securitization » in this process.

However, developments in the theories of international relations have insisted on the study of actors’ practices and ideas. European studies have also highlighted the role of the actors making European policies. Moreover, studies of national migration policies “in the making” have contributed to a revitalization of social sciences in the field of migration studies. This work has showed the fundamental role played by administrative actors at various policy-levels and stages.

Several authors have focused on the genesis and development of European migration policies and the role of specific administrative actors (Guiraudon, 2000, 2003). However, besides some rare work on specific cases (Bigo and Guild 2003; Boswell 2003, 2008), very little has been said about the practices and discourses of European actors, rather than a generic “European Union’s discourse” (Pécoud and Geiger 2010). Although relations with third countries on issues of migration have been examined (Lavenex and Uçarer 2002, 2004; Cassarino 2007, 2010), little has been written about the role of interactions with external actors in the shaping of the EU practices and discourses. Approaching external policies from the periphery – the geographical and political margins of the European Union – will therefore bring new light to the study of these policies.

This session seeks to examine the idea of European external migration policy. By observing from the margins the diversity of practices, the papers will analyze the various shapes of European external migration policies. Based on a diversity of fieldwork, these papers will seek to answer the following questions: What kind of European and national actors create, negotiate and implement these policies? What institutional logics and conflicts are they part of? How do these logics and conflicts influence their perceptions and discourses? What strategies are external actors developing?

The European Union and International Migration Governance in Central Asia
Oleg Korneev, Robert Schuman Centre for Advanced Studies / European University Institute

Ideas and ambiguity in European external policy: the case of “conditionality” in migration policies
Nora El Qadim, CERAPS - Université de Lille 2

The making of EU external border control
Julien Jeandesboz, Unievrsity of Amsterdam; Polly Pallister-Wilkins, University of Amsterdam

Harmonized visa policy? The comparative analysis of Schengen and marriage visas delivering practices at the consulate of Belgium, France, and Italy in Casablanca
Federica Infantino, FNRS/Free University of Brussels (Cevipol)

The European borders as a space of contention. The changing geographies of the protest against Fortress Europe.
Pierre Monforte, University of Leicester

The Comparative Political Economy of Immigration

The papers in this proposed session investigate the comparative political economy of immigration, with a shared interest in the diversity of labor market outcomes for immigrant communities, and in how these outcomes structure citizen preferences about immigration policy.

The political economy of trade and migration: Evidence from the U.S. Congress
Paola Conconi, ECARES, Universite' Libre de Bruxelles; Giovanni Facchini, University of Nottingham; Max Steinhardt, Hamburg Institute of International Economics; Maurizio Zanardi, Université Libre de Bruxelles

Opposing low-skilled immigrants: Labor market competition, welfare state and deservingness
Marc Helbling, Social Science Research Center Berlin (WZB); Hanspeter Kriesi, European University Institute

Individual differences and preferences for immigration
Peter Loewen, University of Toronto -- Mississauga; Chris Dawes, New York University; Raymond Duch, Nuffield College, University of Oxford

How Entry Criteria Structure Labor Market Outcomes for Immigrant Communities
Karen Long Jusko, Stanford University; Maggie Peters, University of Wisconsin, Madison; Ashley Laragon, Stanford University

11:00 a.m.-12:45 p.m.
Including Migrant Workers Voice, Representing Migrant Workers Rights: Between Trade Union Action and Self Organization

This last panel is aimed at presenting examples of empirical research on the topic of migrant workers and trade unions while also focusing on the strictly interrelated issues of migrant workers voice and self-organization. The panel will consist of papers that start from different disciplinary perspectives and that build on very different methodological approaches (ranging from ethnographic studies to survey). Most contributions have a (international) comparative scope and underline relevant factors to explain trade union strategies towards migrant workers as well migrant workers attitude towards labour organizations.

Class, Intersectionality and Collective Action: Rethinking the Study of Migrants Political Engagements
Davide Pero', University of Nottingham

Inclusion and democracy in trade unions: comparing migrant and ethnic minority sections in Italy and the Netherlands
Stefania Marino, Manchester Business School

Integrating or organising migrant workers? Identities, educational initiatives and new alliances for trade unions in the UK
Maite Tapia, Cornell University

Transnational posted worker organization in the German meatpacking sector
Ines Wagner, University of Groningen

‘Between precarity and organization: law, racism and struggles of migration in recent Italy
Giorgio Grappi, University of Bologna

Intersectional Struggles in Europe and Beyond: Race, Religion, Migration and Gender in Public Debates and Social Movements

Political debates about Islamic veiling, Sharia tribunals, migrant women’s rights or Roma women’s forced sterilization have put issues of intersectionality of gender, race, migration and religion at the heart of the European public sphere. These intersectional conflicts are all the more salient in times of economic crisis and increased xenophobia. Born in the US context, the concept of intersectionality aims at capturing how the dynamic intersection of race and gender shapes minority women’s lives and at bringing this knowledge to bear on the theory and politics of women’s movements. The concept has traveled to Europe and to the rest of the world, but research so far has not interrogated how it should be re-interpreted and translated to address the social and political realities of other national or regional contexts. This panel aims to fill in this gap by comparing the implementation of intersectionality in Europe and Latin America with the dominant American paradigm. Papers will consider the ways in which intersections of gender, migration, religion, class and race generate different debates, policies and political practices in European and Latin American cases that require revisiting American-centered theorizations. The panel’s combination of law, sociology, politics and policy studies will complement the interdisciplinary nature of CES and the meeting of American and European scholars at the conference will further the objectives of the panel by bringing together these different perspectives.

Framings of Gender and Ethno-national Diversity across Europe – citizenship and trans-national solidarity
Birte Siim, Aalborg University

Reframing Citizenship at the intersection of gender, religion and ethnicity. Headscarf debates in Europe
Birgit Sauer, Universitat Wien

Intersectional Justice Claims under Austerity: Minority Women's Third Sector Activism in France and the UK
Leah Bassel, University of Leicester

Impossible intersectionality? French feminists and the struggle for inclusion
Eleonore Lepinard, Université de Montréal

Uneven Commitments: Charting Feminist Attention to Intersectionality in Uruguay
Erica Townsend-Bell, Oklahoma State University

Managing Migration and Integration in Europe’s Multi-Level Context

Policy and academic debates are experiencing a rising interest for local and regional-level migration and integration policies, besides the already extensive attention to national-level and European and other supranational policy developments. We are going from a state-centric framework to a multi-level framework

Notwithstanding differences in the timing and pace of migration flows toward Europe, new challenges linked to transnational migration and immigrants’ integration account for the emerging of these complex multi-level relations between different levels of government and actors in the society. We can distinguish a ‘vertical’ and a ‘horizontal’ dimension of governance. The ‘vertical’ dimension refers to relations between cities and higher levels of government: either regional, state or EU. The ‘horizontal’ dimension refers to level-specific studies analyzing actors’ relations (i.e. between public officials, NGOs, immigrant associations etc.). Bringing together work on the vertical and horizontal dimension can contribute to a better theoretical understanding of the local turn in migrant integration policies and academics

The aim of this panel is to provide an original contribution to the theorizing of the relationships between local, regional, national and supranational policies from a multi-level governance perspective. Furthermore, it will provide an opportunity to discuss existing research and to outline research gaps to be addressed by future research programmes. Comparative papers, both cross-country and cross-city/region in different countries would be particularly welcomed. Also well grounded case studies will be considered, as well as more theoretical papers proposing original approaches to the study of the multilevel governance of migrants integration policies

Immigration Policies Through States and Localities: The Case of the United States
Michael Jones-Correa, Cornell University

Managing Migration in Federal States; The Role of the Sub-National Level of Governance in Canada and Germany
Oliver Schmidtke, University of Victoria

National Visions, Local Realities; Swedish Urban Migration Management
Linda Berg, University Gothenburg; Andrea Spehar, University of Gothenburg

Immigrant Integration Policy-Making in Italy: Regional Policies in a Multilevel Governance Perspective
Tiziana Caponio, University of Turin; Francesca Campomori, University of Venice

2:00-3:45 p.m.
Immigrants & Institutions in Multiethnic Societies, Panel I

Panel II investigates the effect of national institutions on immigrant integration through cross-national comparison.

While national institutions affect the experiences of people in any country, for immigrants they provide the interface for navigating life in a new setting. Learning and adapting to new laws, policies, norms, and bureaucracies are important for daily life because these factors ultimately structure possibilities for immigrants in their new country. It is likely, however, that the relationship between institutions and migration is a dynamic process. Depending on the characteristics of the foreign-born population, institutions may evolve to meet the challenges of demographic change. Indeed, those who oppose immigration often argue that immigrants threaten a traditional way of life that is reified in national institutions. This symposium will therefore attempt to answer three related questions: 1) How do institutions (religious, political, economic, and/or social) affect the experiences of immigrants in European countries? 2) How do immigrants impact the institutions of host countries? 3) How does research of this type help us better understand social order and endogenous social change? Analyses may be comparative or focus on a single case study. Institutions and immigrant experiences may be economic, political, religious, or social.

Policing and equal treatment of ethnic-minority youths
Jorgen S. Svensson, University of Twente; Sawitri Saharso, University of Twente

We Are/Not Immigrants: French Antillean Perspectives on Migration and Immigration in France
Crystal Fleming, SUNY at Stony Brook

The Politics of Immigrant Integration
Terri E Givens, University of Texas, Austin

Explaining Immigrant Integration: The Impact of Sending and Receiving Countries on Immigrants in Europe
Maureen A. Eger, Umea University

Immigrant Multiculturalism: A Contested Field in Cross-National Comparison
Ruud Koopmans, Social Science Research Center Berlin

Mobilizing Against Inequality: Immigrant Workers, Unions, and Crisis of Capitalism

This panel involves the launch of the book “Mobilizing against Inequality: Immigrant Workers, Unions, and Crisis of Capitalism” (edited by Lee Adler, Maite Tapia and Lowell Turner, with co-authors Gabriella Alberti, Daniel Cornfield, Michael Fichter, Janice Fine and Jane Holgate- ILR School, Cornell University Press). The book summarizes the findings on trade union strategies to integrate immigrant workers in the US, UK, Germany, and France. This international comparative research project, conducted between 2008 and 2012, was funded by the Hans Böckler Foundation, the Carnegie Corporation, and the Public Welfare Foundation, The panelists, who are among the authors and editors of the book, will cover key sections of the book, namely: the presentation of key empirical findings from the case studies on the functioning of trade union policies towards migrants in each country; a wider analysis of differences/similarities across countries and industrial sectors and discussion of the implications at the strategic
level for trade union’ organizing models and integration profile in the wider context of trade union renewal. The panel will also discuss broader policy dimensions and implications for the state, labor, and alternative forms of representation, making some recommendations on how to foster workplace and civic integration of migrant workers together with the promotion of wider organizational transformation of trade unions across the Atlantic. One critical claim of the book is to take into consideration innovative organizing tactics drawing from social movement and community unionism for unions facing dramatic changes in the labour market including the precarizations of working conditions for increasing sections of the workforce. The panel will finally reflect on the methodological challenges and contribution made by the book in terms of advancing comparative research on migrant labour and trade union organizing models across the national, the local and the transnational scale.

Union Campaigns as Countermovements: “Best Practice” Cases from the United Kingdom, France and the United States
Maite Tapia, Cornell University

Challenging inequity: opportunity and choice for unions organizing immigrant workers
Gabriella Alberti, Leeds University Business School

Success and failure in the UK: the importance of local communities
Jane Holgate, Leeds University Business School

Strategic implications for trade unions and migrant organizations
Janice Fine, Rutgers University

Migration and The Welfare State

Reforming Scandinavian Immigration and Integration Policies: Canada As Rational, Natural and Mythical Model
Trygve Ugland, Bishop's University, Canada

Disentitling, Selecting, or Investing? Understanding Institutional Responses to Immigrant Welfare Dependence
Edward Anthony Koning, University of Guelph

Migration and Welfare State Spending
Stuart Soroka, McGill University; Keith Banting, Queen's University; Richard Johnston, University of British Columbia; Anthony Kevins, McGill University; Will Kymlicka, Queen's University

4:00-5:45 p.m.
Immigrants & Institutions in Multiethnic Societies, Panel II: The Effect of Immigration On Institutions

Panel III explores the impact of immigration on national institutions and policies.

While national institutions affect the experiences of people in any country, for immigrants they provide the interface for navigating life in a new setting. Learning and adapting to new laws, policies, norms, and bureaucracies are important for daily life because these factors ultimately structure possibilities for immigrants in their new country. It is likely, however, that the relationship between institutions and migration is a dynamic process. Depending on the characteristics of the foreign-born population, institutions may evolve to meet the challenges of demographic change. Indeed, those who oppose immigration often argue that immigrants threaten a traditional way of life that is reified in national institutions. This symposium will therefore attempt to answer three related questions: 1) How do institutions (religious, political, economic, and/or social) affect the experiences of immigrants in European countries? 2) How do immigrants impact the institutions of host countries? 3) How does research of this type help us better understand social order and endogenous social change? Analyses may be comparative or focus on a single case study. Institutions and immigrant experiences may be economic, political, religious, or social.

Immigration and Social Solidarity in a Time of Welfare State Crisis
David Abraham, University of Miami

The So-Called Failure of Multiculturalism: A Securitization Approach
Jocelyne Cesari, Harvard University

The Effects of Immigration on the Social Democratic Welfare State
Sarah Valdez, Juan March Institute

No Brain? Mobility, Migration and the Attraction of the Union

This panel examines the challenges the Union faces in terms of immigration, emigration and generally its attractiveness in the region. The central question is: How can the Union manage its intellectual resources and continue to be a regional force of attraction?

To shed light on this question, Claudio Matera (TMC Asser Institute, The Hague) addresses the impact of economic and political crises on the development of an EU strategy on mobility. The Union has concluded a number of mobility partnerships programmes with neighbouring countries. He argues, however, that because of constitutional constraints concerning the division of competences with the member states and because of political contingencies such as the economic crisis and the Arab spring, the major developments at EU level on migration really concern security and border controls. Parallel to this, the economic crises within the EU threatens the funds normally destined to promote knowledge-related mobility such as the Erasmus Programme and the Research and Innovation Fund. He analyses the norms and principles of the EU legal order that could help the integration process to overtake the current impasse at home and abroad.

Furthermore, Karolina Podstawa (EUI) will present ‘virtual returns’ as an innovative approach to counter ‘brain drain’ from the EU. She stresses that what is at stake is not only the applied potential of people, but also their know-how, networks, experience. The lack of data concerning the flow of high-skilled migrants makes this problem invisible for the larger public and policy makers. Her paper identifies the opportunities for applying regulation concerning ‘virtual return’ of know-how, networks and experience and the potential of enhancing this regulation so that it is not only applied to the citizens of the EU, but also to third country nationals.

Finally, beyond migration to and from the EU, Nikos Skoutaris (Maastricht University/LSE) moves to the ‘big picture’ of the attractiveness of the EU as such. In his paper, he examines the extent to which the European Neighbourhood Policy is still promoting a kind of regionalism that might be of interest to the countries surrounding the Union.

Is the ENP promoting regionalism of interest to the neighbours of the Union?
Nikos Skoutaris, London School of Economics and Political Science

Erasmus doesn’t live here any longer: the impact of economic and political crises on the development of an EU strategy on mobility
Claudio Matera, T.M.C. Asser Institute (The Hague)

Virtual Returns – the Missing External Policy Regulation to Fight Brain Draining in Europe
Karolina Podstawa, European University Institute

Researching The Relationship Between Trade Unions and Migrant Workers, Examples From Different Theoretical and Methodological Perspectives (Roundtable)

In recent years, the relationship between trade unions and migrant workers has increasingly attracted scholarly attention along two main dimensions: on the one hand, scholars have focused on the specific conditions of migrant workers and on the extent to which trade unions have been able (or willing) to promote their economic, political and social integration in host societies. On the other hand, scholars have specifically focused on trade unions and on the extent to which recruitment and representation of migrant workers could help their “revitalization” in a period of union decline. The attention posed by practitioners and academic community on the issue of “organizing” migrant workers falls in this second group of studies. The two literature streams not only have a different, also if strictly interrelated, focus but also have different epistemological perspectives. While the first study object has been mainly the domain of migration studies, with an anthropological, sociological and often a
policy-oriented perspective; the second study object has entirely fallen within the industrial relation field with a more actor-centered approach. The need to combine migration and employment relation studies has been underlined in the scholarly debate but although researchers are moving in these directions, clear examples of a full cross-fertilization are rare. This section aims at facilitating such cross-fertilization by bringing together scholars who have undertaking research on issues of trade unions and immigration in the two study fields. Starting from these different perspectives the authors will bring their specific theoretical-methodological contributions informed by empirical research on the study object.

The Security Governance of Migrant Integration: New Fields, New Actors

The globalization of both migratory flows and radicalism has created a profound problem of governance for national governments seeking to address new terrorist threats and successfully integrate new populations. In response, national governments have pursued a series of policies that collectively amount to the securitization of immigration. These largely consist of a combination of restrictive border controls and efforts to encourage assimilation among landed migrant populations. Security measures are used as a way to curb illegal migration flows and control minorities. They also involve the redefinition of the relations between foreign and homegrown threats, and have expanded into many facets of economic, political, and social life.

A decade after 9/11 it is therefore crucial to ask how securitization has shaped the collective identities and action of migrants, and what the “feedback” effects are on migrant behavior. Building on the findings of existing research, this panel proposes to study this missing link, examining the relationship between security policies and integration policies and how the response of migrant communities shapes those policies. Policies on citizenship -- defining who is included and excluded from economic and political rights -- are also increasingly formulated in terms of security. Thus discourses and policies on the “integration” of migrants and of ethnic minorities are also implicitly but firmly viewed as a means to counter threats. European debates on Muslim dress or mobilization against Hispanics in the United-States provide prime examples of this trend. These policies implicitly suggest that unless migrants adjust to the values of their host society they pose a threat to the stability of the social order. These policies, thus, constitutes an important dimension of what can be termed the `securitization of integration'.

In addition, the extent to which these policies have successfully induced migrant assimilation or fostered radicalism among settled communities also remains to be explored. Evidence from the US and Europe suggests that while greater assimilation has resulted in some cases, and some have successfully changed these policies, a fraction of the landed migrant population has been radicalized. Participants to the panel share the assumption that migrants or ethnic minorities are not just passive receptors of policy but also potential actors, who must be included in any model of the security governance of migrant integration.

This panel proposes to study these twin questions : (a) the extension of the securitization logic into domestic policies not just of immigration, but also of “integration” in its various guises – notably naturalization and citizenship, community partnerships, social policies, and policing, and (b) the relationship between security policies and integration policies and how the response of migrant communities shapes those policies.

Political Polarization and logics of racialization surrounding immigrants in Arizona: real and imagined security implications
Jim Cohen, Sorbonne Nouvelle Paris 3

The Securitization of Immigrant Integration in the UK Since 9/11
Vincent Latour, Universite de Toulouse II Le Mirail; Romain Garbaye, Sorbonne Nouvelle Paris 3

Migrant children in the UK: Official discourses and ambivalent policies on the protection of a vulnerable group
Catherine Puzzo, Université de Toulouse II Le Mirail

From top-down securitization of Muslims to bottom-up desecuritization: The feedback effects of grassroot and think-tank mobilization in the prevention of terrorism in the UK
Claire Arenes, Sorbonne Nouvelle Paris 3

Towards the emergence of new modes of integration?
Ariane Chebel d'Appollonia, Rutgers University

Wednesday, June 26, 2013

9:00-10:45 a.m.
Understanding Migrant Deservingness: Logics and Mechanisms

Economies of Migrant Deservingness – Theories, Policies, and Practices

The first panel engages with the logics and mechanisms of migrant deservingness entailed in and imposed through policies on a more theoretical – though not exclusively – level.

Citizenship and the community of value: exclusion, tolerance, failure
Bridget Anderson, University of Oxford

EU migration governance: framing migrant deservingness, sustaining inequalities
Emma Carmel, University of Bath

Civic Performance in the Moral Economy of Migrant Illegality
Sebastien Chauvin, University of Amsterdam; Blanca Garcés-Mascareñas, Universitat Pompeu-Fabra

Uneven Citizenship: Minorities and Migration in the Post-Yugoslav Space

Citizenship after Yugoslavia
Citizenship in modern nation-states is inherently differentiated and uneven. This unevenness of citizenship does not necessarily lead to exclusion or infringement of rights. On the contrary, it can be used as a tool for the advancement of an important principle of liberal democracy, that of equality (Joppke 2010; Kymlicka 1995; Harty and Murphy 2005). However, unevenness of citizenship in the post-Yugoslav space and its encompassing wider region of Southeastern Europe often lead to various forms of group-differentiated inequalities.

Nation-states are primary arbiters and distributors of citizenship and other related rights. In the context where this is coupled by the principle of constitutional nationalism (Hayden, 1992) as is the case in the post-Yugoslav states, as well as by the processes of (re)definition of membership but also externalisation of kin-state citizenship and European integration, this has often disparately affected various non-dominant groups. The results of these processes are manifested in numerous forms of uneven citizenship. These processes will be examined specifically addressing the statuses, rights, and duties of refugees, IDPs, returnees , Roma and ‘perceived co-ethnics’. To demonstrate the empirical bases of these issues, the papers will look across cases and countries and will be based on original research. Hopefully, the cases will also provide more generalizable and theoretically valuable insights into the problematique of citizenship regimes of nationalising states with regards to minority populations.

The papers will address the cases of the Roma as semi citizens in the former Yugoslavia, inequalities and the politics of return in the former Yugoslavia, and the specific question of the reintegration of the Croatian Serb refugees in Vojvodina, the case of 'perceived co-ethnics' in the context of an ethnic politics of citizenship, and finally the issues raised by the treatment of minorities in the Kosovan constitution and Kosovan legislation.

‘Perceived Co-Ethnics’ and Kin-State Citizenship in Southeastern Europe
Dejan Stjepanovic, University of Edinburgh

ROMA On the Margins of Citizenship: Romani Minorities in the Context of POST-Yugoslav Citizenship Regimes
Julija Sardelic, University of Edinburgh

Minorities, asymmetrical rights and differentiated citizenship: the case of Kosovo
Gezim Krasniqi, University of Edinburgh

Inequality and Politics of Return in the post-Yugoslav Republics
Biljana Djordjevic, University of Belgrade

Refugee integration and citizenship policies: the case study of Croatian Serbs in Vojvodina
Viktor Koska, University of Zagreb

Comparative Advantage: Developing Better Research Strategies for the Politics of Migration and Integration in Europe
In the last two decades, the comparative study of migration and integration has evolved from abstract theorizing and patchy evidence towards elaborate theory testing through systemic evaluation of evidence. Particularly when indicators were used to demonstrate deeper conceptions of citizenship behind nation politics did such comparative research run into trouble. The models of citizenship held up by these studies – republicanism, multiculturalism, ethnonationalism – were soon deemed in ‘crises’ as they did not appear to cope with the challenges of diversity as coherently as their abstract formulation had suggested. Moreover, their empirical grounding were found to be rather overestimated. On closer inspection, countries did not follow coherent, path-dependent, encompassing philosophies. It turned out that there are not just differences between conceptions of citizenship, but also at the same time tension over such conceptions. When aggregation of policies on various scales and over time produces rather than proves national differences, what strategies of comparison will allow us to make meaningful analyses and draw relevant conclusions? How can we develop systematic comparisons without inviting the danger of tautology? What should we be comparing and to what end? What can such comparisons tell us? And what might they tell policy makers and a wider public?

In this session, scholars of migration and integration will present their perspective on comparative research for the future. Through a recognition of the problems associated with comparative work, they are invited to further develop methods, tools and arguments that allow for meaningful comparisons across contexts, time and institutional fields. Scholars are invited to demonstrate strategies of comparison through concrete empirical work, while also drawing broader conclusions about the meaning and value of making comparisons.

Citizenship Configurations: Analysing the Multiple Purposes of Citizenship Regimes in Europe
Maarten Peter Vink, Maastricht University

Comparing what for who? Making new connections in the politics of migration and integration
Rogier Van Reekum, Amsterdam Institute for Social Science Research; Jan Willem Duyvendak, University of Amsterdam

When guestworker migration turned into chain migration. Family reunification policies in Germany and the Netherlands, 1975-1985
Saskia Bonjour, Institute for History

The Party Politics of Immigration Policy in Contemporary Europe

Immigration has risen to become one of the most salient issues on the political agenda across Europe. While recent elections have had mixed outcomes for parties who explicitly play the immigration card, there can be little doubt that the recession and austerity policies provide a fertile climate for further politicization of the immigration issue. The aim of this panel is to examine how the mainstream political parties that tend to form European governments develop their policy positions and influence immigration policy outputs through an examination of both intra- and inter-party dynamics. The political science literature on immigration and parties has tended to focus on extremist anti-immigrant parties. In comparison, the literature on how mainstream parties approach this intractable policy issue is smaller, but growing. One theme that emerges in this latter literature is that immigration is a divisive and cross-cutting issue, which does not align along the left-right spectrum. Internally, both centre-left and centre-right parties are often divided on immigration: the former between internationalist and protectionist factions, the latter between free marketeers and cultural conservatives. Hence immigration policy formulation is partly dependent upon intra-party dynamics. Parties must also of course respond to their competitors, which for mainstream parties in several European countries means not only other mainstream but also extremist parties. If intra-party divisions can be resolved and competitors seen off, many European parties then enter government only through the formation of multi-party coalitions, which adds another level of negotiation and compromise. Thus to understand the influence of political parties on immigration policy requires attention to intra-party debates, inter-party competition, and intra-coalition negotiations. The papers on this panel each explore different dimensions of this complex terrain, with the aim of contributing to a more nuanced, multi-level analysis of how and why political parties ‘matter’ for immigration policy.

Ministers or Ministries? the Impact and Interplay of Parties and Government Departments On Immigration Policy: A Case Study of the UK Coalition Government
Tim Bale, Queen Mary, University of London; James Hampshire, University of Sussex

A Faustian Bargain: Italian Immigration Policy During Berlusconi's Second Term
Joao Miguel Carvalho, University of Aveiro

Getting the balance right: conflicting ideological ‘pulls’ and party competition on immigration in Britain and Sweden
Pontus Odmalm, University of Edinburgh

Campaigning in poetry, governing in prose? The development of post-war Conservative Party immigration policy in government and in opposition
Rebecca Partos, University of Sussex

Who’s the Most Legitimate to Protest? Immigration Vs. Native Minority Claims in an Extended Europe

Kymlicka’s theory of multicultural citizenship distinguishes between national minorities and immigrant groups and argues that national minority claims are perceived as morally legitimate by contrast with the demands coming from more recent, migration-related minorities (Kymlicka 1995). Drawing from empirical research conducted in the framework of a European project, this session seeks to challenge this theory by examining the level of acceptance of European countries towards different kinds of minority claims. In particular, it will discuss whether ethnic claims can be perceived as more urgent and therefore prioritised, than national minorities whose claims have been institutionalised and somehow shuttered.

Accept Pluralism is an EU funded project (7th PCRD, 2010-2013) that aims at evaluating the acceptance of European society towards diversity. States’ responses to minority claims are one such instance where acceptance can be examined. The project offers a wide European coverage of 15 EU countries and one accessing country, Turkey. For this session, a selection of countries is presented so as to reflect a specificity of the project, notably to bring together two distinctive strands of research, on native minorities and migrant populations.

Papers will compare the political representation of historical minorities such as the Sami of Sweden and the Circassian of Turkey with Muslim mobilisations in Western Europe (France, UK and Denmark). Presenters will highlight the specificity of each claim (based on culture, self-determination, freedom of speech or anti-discrimination) and will seek to evaluate the level of acceptance of diversity in each of these countries’ political life, with the objective to chart the state of minority claims in an extended Europe.

The ‘Muslim Vote’ in 2010. Misrecognition and Political Agency
Jan Dobbernack, University of Lincoln

Muslim Mobilisation in France and the Concept of Laicite
Angeline Escafre-Dublet, CERI Sciences Po

The Swedish Sámi Parliament: A Challenged Recognition?
Andreas Gottardis, Stockholm University; Ulf Morkenstam, Stockholm University

Winning ground through transnationalization of cultural-political claims: Circassian Diaspora in Turkey
Ayhan Kaya, Istanbul Bilgi University

Negotiating Limits of Tolerance in Denmark: The Case of Public Meetings arranged by ‘Radical’ Muslim Actors
Lasse Lindekilde, Aarhus University

Migration Policy In The EU and Its Consequences

The Faster, the Better? Speed of Naturalisation and Socio-Economic Integration of Immigrants in Europe
Tijana Prokic-Breuer, Maastricht University

Political Identity and Economic Behavior: How Does Minority Status Affect Savings and Investment
Vera Mironova, University of Maryland; Yegor Lazarev, Columbia university

Integration as a three-way process in the EU: where integration policies meet emigration policies
Agnieszka Weinar, European University Institute

The So Called Failure of Multiculturalism: A Securitization Approach
Jocelyne Cesari, Harvard University

11:00 a.m.-12:45 p.m.
Citizenship, State and Gender: The Minority Politics in the Netherlands and Germany

This panel is about political and social participation of Muslim minorities in European liberal democracies and social life. We will discuss mainly the issues that involve gender relations, Muslim women's political and social participation and varieties of masculinities in Germany and the Netherlands. The discussion will be interdisciplinary, drawing on theoretical debates of sociology, political science, anthropology and law. We will focus on three main topics and related questions:

1) Muslim minority's agency in political participation and state intervention: How do Muslim women and men react and defend the issues on gender relations?

2) The interaction between majority society-immigrant and minority communities: What are the social implications of legal processes that concern Muslim communities? In turn, how do Muslim communities react to the legal decisions and social policies that affect Muslim lives?

3) The role of gender in political participation and minority accommodation: How do social policies regarding the cultural rights of Muslims either challenge or reinforce gender identities?

Our explorations of these questions highlight changing political, social and legal discourses around religion, ethnicity and gender in the Netherlands and Germany.

State Responsibility and Collective Civic Participation: Honor Killing Debates in Germany and the Netherlands
Anna C. Korteweg, University of Toronto

Intersectional Substantive Representation: Ethnic Minority Women's Interests in Dutch Parliament
Liza Mugge, University of Amsterdam

After the Ritual Male Circumcision Debate: Jews, Turks and the Accommodation of Minorities in Germany
Gokce Yurdakul, Humboldt-Universität zu Berlin

Well-Intentioned Yet Ill-Implemented: Migrant Women of Turkish and Moroccan Descent and Their Take On Integration Courses in the Netherlands
Melanie Eijberts, Amsterdam University College

Anti-Immigration Sentiment: Causes and Consequences For Party and Policy

Social Distance, Symbolic Boundaries and Anti-Immigrant Attitudes in Europe: Explaining Exclusionary Policy Preferences
Boris Heizmann, Universitaet Hamburg

No Strong Anti-Immigrant Party Despite the Saliency of Immigration Issues. Explaining the British and the Spanish Case
Malisa Zobel, Social Science Research Center Berlin (WZB)

The New Minority: Anti-Immigration Politics Among White Working Class Communities in East London
Justin Gest, Harvard University

When Is Cultural Diversity a Threat? the Determinants of Mainstream Political Parties' Use of Exclusionary Appeals
Jennifer Miller-Gonzalez, University of Michigan

12:45-2:00 p.m.
Research Network Luncheon: Immigration

2:00-3:45 p.m.
Migration Policy in Multilevel Agenda-Setting

Analyzing the Evolution of Policy Agendas in Europe and North America

Migration and immigrant policies have topped the political agenda in many European countries in the past decade. European countries vary widely in their policies. This variation is sustained in part by the institutional condition that immigrant integration policy is still mostly a national affair – in contrast to rules for trans-border travelling that have Europeanized to a large extent. National differences in the institutional structure of policy-making in these domains may explain these differences in portrayal and decisions that follow. Policy actors resort to different types of institutional venues (legal venues, expert venues, political, etc.) to portray immigration and immigrant issues and influence policy decisions. This panel considers how differences in the institutional dynamics of policy-making are related to differences in the process and results of framing the migration/integration problem. It aims to develop a better understanding of how and why migration and integration of immigrants into
national societies are framed in specific ways, by exploring the institutional dynamics of policy-making rather than by assuming that ‘national policy models’ or ‘national integration regimes’ determine policy decisions.

Agenda-Setting Dynamics in EU Migration Policy
Marcello Carammia, University of Malta

Immigration, Political Parties and the Mass Media in Italy: Framing Strategies in Electoral Competition At the Local Level
Pietro Castelli Gattinara, European University Institute, Florence

From Promises to Decisions: Analyzing Immigration Policy in Spain
Laura Chaques-Bonafont, University of Barcelona; Anna Palau, University of Malta; Virginia Ros, University of Manchester; Laura Morales, University of Leicester

The Multi-Level Dynamics of Migrant Integration Policies: Agenda Dynamics and the Multi-Level Governance of Migrant Integration in the Netherlands, France and the UK
Peter Scholten, Erasmus University Rotterdam

Immigrants and Incorporation: Are There Winners and Losers?

As many European countries begin to recognize their status as immigrant nations, they face new challenges of integrating new members of society. Are some immigrant groups doing well in their chosen communities? Which immigrants have not fared well? The papers in this panel address the extent to which differences in social and cultural background facilitate or inhibit the educational attainment, labor market and economic outcomes, and political participation of immigrants in Europe.

Symbolic Exclusion and Cultural Citizenship: The Case of the Middle-Class North African Second Generation in France
Jean Beaman, European University Institute

Social and Spatial Mobility of the Highly Skilled Chinese Migrants in the EU
Joanna Jasiewicz, Institut Barcelona d'Estudis Internacionals (IBEI)

Marital Assimilation and the Economic Well-Being of Immigrants in Germany, UK and the US
Patricia Ann McManus, Indiana University, Bloomington

Immigration, Welfare States and Labour Markets: Exploring the Nexus

Immigration, Labour and Welfare States: Exploring the Nexus

The connection between immigration, welfare states and labour markets is a much debated topic among social scientists, from political scientists and sociologists to economists. Grand controversies, such as whether European welfare states can withstand immigration or not, dominate in this literature. But there are many, more complex and subtle ways in which immigration patterns and welfare states features may be connected. These connections also often involve labour market variables, from the kind of labour immigration that is considered desirable, to the labour market strategies pursued by immigrants in different European states. This panel brings together a number of sociologists and political scientists from Europe and the United States whose work centers on some of these complex aspects of the relationship between immigration, labour markets and welfare states in Europe. It's intention is to draw out some of the subleties of how welfare state and labour market features impact the way in which
immigration is perceived and feed back into the behavior that immigrants may display. The panel features five papers, two of which rely on quantitative cross-national European data and another three that develop particular case studies with more qualitative methods.

Attitudes towards Immigration, Occupational Groups and Welfare Regimes: Comparative Evidence From Europe
Sofia A. Perez, Boston University

Immigrant Women's Employment and Immigrant Family Poverty: Comparative Evidence From Europe
Christel Kesler, Barnard College

Politics of Labour Migration Policy Design in Austria and Sweden
Georg Menz, Goldsmiths College, University of London

Immigration and the Labour/Welfare Nexus in Norway
Grete Brochmann, University of Oslo

Immigration and the Spanish Welfare Regime. From Boom to Gloom
Francisco Javier Moreno-Fuentes, Spanish National Research Council; Maria Bruquetas Callejo, University of Amsterdam

4:00-5:45 p.m.

Migrants and Staffing Agencies in the European Union

Since the European Union’s Enlargement in 2004 and the gradual opening of Member States’ labour markets to the new migration flows, the question of labour mobility and its implications for workers’ conditions has become an increasingly central issue. There has been relatively little research on the movement and regulation of migration in relation to the role played by employment and temporary staffing agencies in recruiting new migrants locally and across the border, as well as their impact on the wider labour market. Especially in low-paid service sectors, employers appear to rely increasingly on staffing agencies that are specialised in migrant workers. This may appear as a form of “subcontracting by stealth” aiming at reducing costs and externalising HRM functions. Employers may also want to use agencies as an ‘insurance’ against illegality in the case of undocumented migrants.

The scope of this panel is to explore the relationship between temporary employment agencies and labour migration in the context of the EU. While temporary staffing agencies can be considered a “growing industry” per se, in Europe as well as globally (Euro-CIETT 2012), research on the strategies and practices endorsed by TSAs in the context of a flexible labour market and in relation to migration more specifically needs to be further developed. The panel gathers new empirical work and different theorisations across disciplines with the aims of:

1) Unpacking the notions of deregulation/informalisation of employment relations and the precarisation of work by focusing on the function of temporary recruitment agencies in managing migrant workers

2) Investigating the role and function of TSAs in managing documented and undocumented migrants, including the social construction of flexible migrants across borders by agencies operating both locally and transnationally

3) Enhancing our understanding of these processes at the intersection of migration and labour regimes in Europe and internationally: what is the relationship between labour market and migration policies and how do they combine to create/reinforce or weaken the expansion of agency and temporary employment? At what geographical scale and under what institutional forms do these different regimes operate?

4) Discussing different industry-case studies about the impact of these forms of management on pay levels and working conditions for migrant and non-migrant workers: what is exactly happening in the outsourcing of labour recruitment and/or employment and who is exactly gaining in terms of pay percentage and other costs related to the recruitment, retention and renewal of the labour force? What consequences does this labour mobilisation regime have on social and hierarchical relations involving migrant temp workers at client companies?

5) Is there a scope for trade unions and other industrial relations or non-union civic actors to intervene and engage agency workers in the battle for better working conditions? What terrains do migration and agency work furnish for social and industry actors to intervene in regulatory terms? How else can their intervention be thought beyond regulation and cooperation with state and employers, i.e. at the community level?

The political economy of recruitment agencies and migrant workers in Europe and beyond
Robert MacKenzie, Leeds University Business School; Chris Forde, Leeds University Business School; Zyama Ciupijus, University of Oxford; Gabriella Alberti, Leeds University Business School

Temporariness and precarity in London’s hotels
Gabriella Alberti, Leeds University Business School

Colonising strategies of employment agencies and their effects on A8 labour migration to the UK
Barbara Samaluk, Queen Mary, University of London

EU migration legislation, temporary agencies and (undocumented) migrant workers in the Netherlands
Tesseltje de Lange, University of Amsterdam

Too Precarious for Legality? Undocumented migrants and temporary staffing agencies in France and the United States
Anne Bory, University of Lille; Sebastien Chauvin, University of Amsterdam; Nicolas Jounin, Université Paris 8

Intra-European Migration – Diverse Causes, Forms and Consequences

Not least since the current financial and economic crisis in many European states, intra-European migration is often perceived economically as a means of alleviating unemployment in one country and fulfilling the manpower requirements of another. But intra-European migration has not only economic implications as is stated repeatedly. As Favell and Recchi have pointed out in their work, it is also an interesting social phenomenon, since it brings people from the different European member states in closer contact with each other, thus furthering the emergence of a truly European society. The aim of this panel is to probe deeper into the various facets of recent Intra-European migration by looking at the diverse social causes, forms and consequences of intra-European migration. All papers are based on current empirical research on the topic; some of them follow a quantitative approach, others draw on more qualitative methodologies. Thereby, the panel poses a number of interrelated questions: Why do Europeans
migrate and what kind of experiences do they make in the process? How do the further migration trajectories of students evolve once they have graduated abroad? Which consequences does geographical mobility have for the development of a European identity? How well are intra-European migrants integrated on the labour market compared to those migrants from non-European countries? In this way, the panel sheds further light on the various facets of current intra-European migration processes.

“Leaving the worst behind” – an analysis of Italian graduates’ migratory decision-making processes
Francesca Conti, The American University of Rome

Who profits from Germany’s culture of welcome? The impact of changing opportunity structures on labour market integration of new immigrants
Andreas Ette, Federal Institute for Population Research; Rabea Mundil-Schwarz, Federal Statistical Office; Lenore Sauer, Federal Institute for Population Research

Mobility trajectories of German students after graduating abroad
Soren Carlson, Freie Universität Berlin

The influence of European student mobility on European identity formation
Christof Van Mol, Universiteit Antwerpen

The “Battle for the Brains:” Selective Migration Policies, Practices and Outcomes

This panel focuses on highly skilled immigration to European countries since 1990. Selective labour migration policies have been proliferating and most OECD member states have now devised special visas and programs to actively recruit high-skilled immigrants, particularly scientists, engineers, medical professionals and information technology professionals from developing countries, such as India and China as well as from each other. The Independent Commission on Migration to Germany, led by former Bundestag President, Rita Süssmuth, described these changing polices in terms of a “battle for the brains” in which former French President Nicolas Sarkozy noted, “the most qualified migrants, the most dynamic and competent ones head to the American continent, while immigrants with little or no skills come to Europe.” Sarkozy further argued, “We no longer want immigration that is inflicted [on us]....We want selected immigration.” Over the past decade, European countries like Germany, the UK, France, the
Netherlands, Ireland, Spain, Denmark, Norway and the Czech Republic have initiated selective migration policies, often by copying the point systems that the Canadian and Australian governments use to select permanent immigrants by education and occupational skills as well as adopting temporary visas like the H1-B visa available in the U.S. to high-skilled workers. As opposed to unskilled migrants and asylum seekers, European policymakers increasingly view high-skilled immigrants as less prone to unemployment and welfare dependency, unproblematic to integrate and less politically controversial. Despite such policymaker preferences, selective immigration polices remain contested due to concerns that highly-skilled immigrants may present for domestic labour, as well as a mismatch between selection criteria and actual labour market outcomes. This panel will examine high-skilled immigration policies; the processes by which these policies are determined; the outcomes of such policies for selecting states and for
the highly skilled immigrants themselves. The papers are a subset of a special issue journal submission.

Selective Migration Policy Models and Changing Realities of Implementation
Rey Koslowski, University at Albany, State University of New York (SUNY)

Gender, skilled migration and skilled migrants: some European developments
Eleonore Kofman, Middlesex University

Doing the Business: Variegation, Migration, and the Cultural Dimensions of Business Praxis – The Experiences of the French Highly-Skilled in London
Jon Mulholland, Middlesex University; Louise Ryan, Middlesex University

Thursday, June 27, 2013

9:00-10:45 a.m.
Immigration and Social Systems: Collected Essays of Michael Bommes

Michael Bommes was one of the most brilliant and original migration studies scholars of our time. He influenced several generations of schaolrs well beyond Germany. He passed away on 26 December 2010. Published by Amsterdam University Press. Immigration and Social Systems: Collected Essays of Michael Bommes is a posthumous collection that brings together a selection of his most important work on immigration and the welfare state, immigrant integration, discrimination, irregular migration, migrant networks and migration policy research. The volume has been edited by Christina Boswell Professor of Politics at the School of Social and Political Science at the University of Edinburgh . Gianni D’Amato isProfessor of Migration and Citizenship studies at the University of Neuchâtel and Director of the Swiss Forum of Migration and Population Studies (SFM). They will present the book and its making of diiscuss what they see as Michael Bommes' contribution to migration studies. Two other renowned migration scholars who worked closely with Michael on collective projects will also discuss his work and outlook: Andrew Geddes, professor at Politics at the university of Sheffield (UK) and Giuseppe Sciortino, professor of sociology at the university of Trento; Virginie Guiraudon (CNRS Research Professor at the Sciences Po Paris Center for European Studies ) will chair the panel.

11:00 a.m.-12:45 p.m.
Looking For Europe: How The Immigration and Asylum Policies Construct (or not) The EU Identity

The proposed roundtable aims at discussing the “European Union identity”, from the perspective of EU immigration and asylum policies. If identity building relies on common standards, it is even truer that it is about protection of these common standards from the exterior, potentially destructive, influences.

The unifying common standards amounting to EU constitutional identity include the principle of dignity and the principle of solidarity. The former corresponds to the recognition and protection of fundamental rights, which regard the European citizens as well as the third country nationals; the latter refers to the affirmation of the mutual loyalty between the EU Member States on one hand, and between them and the European institutions on the other.

Yet, as far as the EU (migration) policy is concerned, these ideal principles that are repeatedly proclaimed appear to be quite mistreated. As some scholars and activists argue, dignity and solidarity seem at least for the moment to be sacrificed for the sake of ‘fortress Europe’. Indeed tensions exist that must be highlighted: tensions between the defence of Member States’ borders and the protection of migrants’ rights; tensions between national security and individual dignity; tensions between national concerns and European purposes.

If the Member States appear to share some common and conservative objectives in drafting the European immigration and asylum policy, they remain reluctant with regards to any really integrative approach in these matters. Not only do the Member States wish to retain control over such a policy, but they also develop vastly different perspectives to the extent that each one registers peculiar needs that can contradict the others’. The common ambition of a truly European immigration and asylum policy thus appears to be harshly difficult to achieve.

Furthermore, some of the reached compromises in immigration and asylum matters have resulted in some deterioration of the European common standards and therefore of the European constitutional identity. The competition dynamic the EU integration promotes seems to collide with the alleged equivalence between the national protection human rights system, so much that disparities and disharmonies among the Member States in immigration and asylum matters path the way to national fears. The principle of mutual confidence tends to turn into mutual defiance, hence pushing the Member States to restore some controls over the internal borders.

Consequently, it seems necessary to question whether the determination and protection of EU borders undermine the assertion and the realization of EU purposes, whether the geographical identity and the means employed/used for drawing and consolidating the EU borders erode the political identity of the Union by crumbling its fundamental elements.

Is There Solidarity On Asylum and Migration in the EU?
Iris Goldner, University of Zagreb

The Competitive Application of the National and European Laws to the Third Country Nationals
Heloise Gicquel, Université Montesquieu Bordeaux IV

The Principle of Mutual Confidence in the Immigration and Asylum Policy of the EU
Tania Racho, University Paris II - Panthéon-Assas

EU Techniques of Immigration Management and Immigrants' Legal Identity Building. an Empirical Enquiry
Ounia Doukouré, UC Berkeley Boalt Hall

European Asylum Support Office: An Effective Answer to Europeanization of Asylum Policy?
Ilaria Vianello, European University Institute

How Shall the Strengthening the EU Borders From within Be Understood? Is It Yet Again about Consolidating Identity Based On Exclusion?
Karolina Podstawa, European University Institute

New Migrants, Old Responses? Ethnicity and Social Capital in the Experiences of East European Migrants in Britain

2:00-3:45 p.m.
Complex, Contingent or Austere?: Representing Migrants in European Print Media in 2000s

Scholarly research has shown significant interest in migrant representation in European media within the last decade. Most of the relevant debate concludes that during the 2000s the discourse – particularly on Muslim migrants – has been framed in a negative manner. However, not many studies focus on multiple dimensions and origins of such framing and few focus on the consequences of this framing on revising the existing theoretical approaches for explaining media representation of migrants. This panel challenges the claim that reporting on migrants in general and Muslim migrants in particular is clearly austere. The studies presented in the panel identify and explain under what conditions and why different patterns of migrant representation in the print media in Europe emerge. The papers use the data coded from print media (sampled as two newspapers with different political leanings per country) in Austria, Germany, France, the UK and the Netherlands for the period between 1999-2010 for a project on the
representation of Muslim migrants in Western European print media funded by TÜBITAK. While discussing the reasons for diversity in discourses, the different papers address mainly the following questions: Under what conditions are migrants represented with negative or positive frames, in the 2000s, and why? Which patterns emerge for the discourse on different ethnic groups and/or whether migrants' voices are part of the media reporting ? In what ways and to what extent is the reporting on Muslim migrants and migrants of Turkish origin are linked in the 2000s, and why?

Everything old is new again: The (Re)Turn of Communitarianism-Cosmopolitanism Debate in Migrant Media Representation
Christina Hamer, Bilkent University

Country of Origin versus Religion in Migrant Framing: Moroccans and Turks in the Dutch print Media
Nermin Aydemir, Bilkent University

Does Voice Improve Image? Studying the Link between Migrant Voice and Migrant Representation in the Media
Kerem Gabriel Oktem, Bilkent University

Print Media as Townhall Meeting: Patterns of Debating the Islamic Practices and Muslim Migrants' Representation in Europe
Saime Ozcurumez, Bilkent University

4:00-5:45 p.m.
Living and Believing in the Migrant City

The mixed embeddedness of ethnic entrepreneurs in urban contexts
Robert Kloosterman, University of Amsterdam; Jan Rath, University of Amsterdam; Katja Rusinovic, University of Amsterdam

Mosques and the changing urban landscapes of immigrant belonging in German and U.S. cities
Patricia Ehrkamp, University of Kentucky

Safe haven or site of repression? Urban areas and the complexities of local social control of otherness
Joanne van der Leun, University of Leiden

Rescaling migrant lives: Beyond nested identities
Ayse Caglar, University of Vienna

Race, Rights, and the Law: A Multi-Disciplinary Examination of the Politics of Immigration and Citizenship in Western Europe

How are the rights of territorially present non-citizens articulated in a supranational entity like the European Union, with multiple levels of citizenship operating? What obligations do Western European governments owe non-citizens on their territory, both those legally resident and those who are undocumented? How can dominant discourses and narratives about both immigration and the rights owed to territorially present non-citizens from their host governments be feasibly challenged/interrupted/ruptured? This panel examines the roles that CJEU and ECtHR case law, anti-immigrant sentiment, national identity, history, and race play in answering these questions. Panelists will draw on varying disciplinary and methodological perspectives including interview data, legal analysis, qualitative empircism, political theory, and historical analysis.

Race, History, and Spatial Politics: Making a Case for Broadening the Membership Rights of Long-Term Resident Moroccan Immigrants in Spain
Mina Barahimi, University of California, Berkeley

The Political Mechanisms Behind Variation With the Entrenchment of Anti-Immigration Parties in Western Europe and Its Consequences
Timo Lochocki, Humboldt Universität zu Berlin

Attitudes to Immigration and the Construction of National Identity
Clara Sandelind, University of Sheffield

Science-Society Dialogues On Migrant Integration in Europe

The social sciences have played a key role in shaping public understanding of processes of immigrant integration in Europe. Faced with the challenges of ongoing immigration and growing cultural diversity, European countries have expended substantial resources to develop the knowledge required to understand these issues and to control them. The way in which this has happened, however, varies from one country to another. Countries differ not only with respect to how dialogues between scientific research and policy making are organized, but also with respect to how the resulting knowledge is then used by policy makers. One intervening factor is the gradual politicization of public discourse on the migration/integration issue, not only at a national level, but also at an institutional EU-level. In this panel session we will assess what research-policy dialogues looked like initially in several European countries and how these dialogues have developed into a much more complex science-society dialogue on these
matters over the years. We will do so from the perspective of the changing role of science in society, but we will also assess the impact of some major social transformations, especially those that are related to immigrant integration, on the development of social scientific research. The presenters on the panel are currently collaborating on the DIAMINT project, funded by the Volkswagen Stiftung, which analyses the reconfiguration of science-society dialogues on immigrant integration in a number of European countries (Austria, Germany, Italy, the Netherlands, the United Kingdom) as well as on the EU level.

Beyond speaking truth to power: science-society dialogues on migrant integration in Europe
Peter Scholten, Erasmus University Rotterdam; Stijn Verbeek, Erasmus University Rotterdam

Independent commissions as a venue for science-society dialogues: the case of migrant integration policy in the UK
Christina Boswell, University of Edinburgh; Alistair Hunter, University of Edinburgh

Science-Society Dialogues in an Emergent Immigration Country: The Case of Italy
Tiziana Caponio, University of Turin

The EU’s role in science-society dialogues on migrant integration in Europe
Andrew Geddes, University of Sheffield; Marthe Achtnich, University of Oxford

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5.
AILA Annual Conference on Immigration Law

Wednesday-Saturday, June 26-29, 2013
San Francisco, CA
http://www.ailadownloads.org/agora/inpersonconfprog/2013/AILA-AC2013-Pro...

Conference agenda:

WEDNESDAY, JUNE 26, 2013
FUNDAMENTALS BOOTCAMP
5:00-6:00 p.m.
Who’s Doing What to Whom? An Agency Overview

This panel is designed to give the practitioner who is new to immigration law an overview of the government departments involved in the administration of immigration laws.

* U.S. Department of Homeland Security: USCIS, ICE and CBP
* U.S. Department of State: NVC, Consular Posts, and VO
* U.S. Department of Justice: EOIR: OIJ, BIA, and OCAHO
* U.S. Department of Labor: Office of Foreign Labor Certification and BALCA
* Peripheral Agencies and Issues: SSA; DMV, etc.

6:00-7:00 p.m.
Nonimmigrant Visa Basics

The foundation of an effective knowledge of nonimmigrant visas starts with the Immigration and Nationality Act and the Code of Federal Regulations. This panel provides that foundation. It is an excellent orientation for lawyers who are new to the subject.

* Definition of Key Terms
* What Is a Nonimmigrant?
* Admission, Extension, Change, and Maintenance of Status
* Visa and Admissibility Issues

7:00-8:00 p.m.
Overview of Family-Based Immigration

This panel will provide practitioners with a basic overview of family-based immigration concepts, including adjustment of status, consular processing, conditional residence, and documentation used in establishing the bona fides of a relationship.

* Preference Categories
* Consular Processing and Adjustment of Status
* Priority Date Issues: Visa Bulletin and Backlogs
* INA §204(l) and Widows/Widowers
* Affidavits of Support: Income, Assets & Joint Sponsors
* Bona Fide Marriage: Evidence and Bona Fide Marriage Exemption
* I-751/Conditional Residence: Joint Filing vs. Waivers, Divorced/Abused, etc.

8:00-9:00 p.m.
Removal, Inadmissibility & Deportation Grounds

This session will provide an overview of removal procedures and a discussion of the grounds of inadmissibility and deportability.

* Introduction to Removal Proceedings
* Grounds of Inadmissibility
* Grounds of Removability
* Waivers

7:00-8:00 p.m.
Challenging Form I-213: What to Do When DHS Alleges Your Client Is a Bad Actor

A Form I-213 can contain damaging information about your client that can have far-reaching effects, even when DHS does not have substantial evidence to support its claims. Panelists will address creative ways to fight I-213 allegations in immigration proceedings and before the federal courts. Specifically, panelists will address allegations relating to gang membership, reason to believe the noncitizen is a drug trafficker, role as a past persecutor, and material support to a terrorist organization.

* Is Form I-213 Admissible in Removal Proceedings?
* Deference and Corroborating Evidence
* Challenging the I-213 in Bond and Removal Hearings

Clinical J-1 Waivers for Physicians

This panel will explore clinical J-1 waivers filed on behalf of physicians who are subject to the two-year home residency requirement under INA §212(e). This session will discuss the different interested government agencies that sponsor these waivers and the various steps involved in the multi-agency waiver process. The panel will also provide practice tips on how to address common issues that arise during the waiver process.

* Filing the Clinical J-1 Waiver Application with Various Interested Government Agencies
* Maintaining Your Client’s Status Throughout the Process
* Travel During the Waiver Process
* The “90 Day” Rule
* “Extenuating Circumstances” Transfers
* “One Waiver Per Customer” and Other DOS Oddities

Current Trends and Advanced Practice Strategies in VAWA Cases

Attend and learn strategies from the experts to help the most vulnerable clients. This panel will focus on current trends and advanced practice strategies that are successful in today’s filings.

* VAWA Reauthorization Issues
* Adjudication Trends and Strategies to Build a Winning VAWA Case
* VAWA Waivers and Statutory Exceptions to Inadmissibility and Deportability
* Derivative Beneficiaries

Masters Business: Hot Topics with EB-5 Regional Centers

This masters panel will discuss topical issues with representing regional centers. Topics will include, but are not limited to:

* Recent RFE Trends in Regional Center Projects
* Job Creation and Impacts Analysis
* Regional Center Amendments: When, What, How
* Material Change Issues Related to Modification of Project
* Advanced Professional Responsibility Issues

Visa Waiver Issues

This panel focuses on eligibility for visa waiver admission, adjustment of status filing issues, and the rights that are given up and retained by Visa Waiver entrants.

* Rights and Remedies at the Port of Entry
* 30/60 Day “Rule”
* Removal Without a Hearing Under INA §217
* Eligibility for Adjustment of Status After Entry of an INA §217 Removal Order and Other Ways to Challenge the Order
* Eligibility for Adjustment of Status During/After Asylum-Only Proceedings

8:00-9:00 p.m.
Masters Business: Effects of Corporate Restructuring on Nonimmigrant and Immigrant Visas

This panel will examine the different types of company reorganizations in an increasingly more global and complex marketplace. The speakers will discuss the effects on nonimmigrant and immigrant visas when a company undergoes restructuring, such as a merger, acquisition, spin-off, or bankruptcy.

* Different Types of Reorganizations and What to Look For
* When Amendment or New Nonimmigrant Petition Is Required
* What Qualifies as a “Successor-in-Interest” in the Context of Immigrant Visa Processes?
* Working with Employers to Reduce the Disruption to Their Workforce During Reorganization

8:00-9:00 p.m.
Motions to Suppress & Immigration Court Challenges to Illegal Government Action

This panel will focus on motions to suppress and related immigration court strategies challenging illegal government action, including advocating termination of proceedings based on government violations of statutes, regulations, and policies. Panelists will discuss the latest develop.m. ent in the law, including the impact of the U.S. Supreme Court’s decision in Arizona v. U.S. on claims involving illegal local law enforcement action. Practice tips will be provided about how to present a motion to suppress and/or terminate in immigration court.

* Update on Legal Landscape, Including Arizona v. U.S.
* Winning Grounds for Suppression of Evidence
* Termination of Proceedings as a Separate Basis
* Tips for Presenting Your Motion in Court

T and U Advanced Practice

Noncitizens who have been victims of certain crimes or international trafficking may be eligible to apply for T or U visas. This panel will focus on advanced practice strategies and advocacy.

* Adjudication Trends and Strategies to Build a Winning T and U Case
* Practice Tips for Dealing with Local Law Enforcement and Obtaining Certification
* Complex Inadmissibility and Related Waiver Issues, Including Permanent Bar, Reinstatement, Alleged Gang Affiliation, and Marriage Fraud
* Derivative Beneficiaries
* Issues for Adjustment of Status

Visa Strategies for Foreign Entrepreneurs and Start-Up Companies

Visa strategies for foreign entrepreneurs and start-up technology companies are of increasing importance if the United States is to stay competitive in a global economy. This panel will explore options, obstacles, and challenges inherent in attracting and keeping talented entrepreneurs in the United States.

* Legislative Initiatives: Has Startup America Had a Positive Impact on Global Entrepreneurs?
* Is the H-1B Option Available to Sole Employee Entrepreneurs?
* Can Venture Capital Funding Qualify as an Investment for E-2 Purposes?
* Could a Young, College-Dropout, Start-Up Entrepreneur Be an O-1 Candidate?
* Silicon Valley “Budding Entrepreneurs” Programs: When Is a Visa Required?
* Options Available to STEM graduates

What Do I Do If?

This roundtable will cover issues related to adjustment of status cases that can cause practitioners to lose sleep, and maybe question their choice of profession. For example:

* Couple Splits Up Before the Adjustment Interview or During the Period of Conditional Residence
* Traveling with a Pending Application for Adjustment of Status
* Client Plans to Lie
* Criminal Offenses After the Application for Adjustment Has Been Filed

THURSDAY, JUNE 27, 2013

10:00-10:30 a.m.
Keynote Address: Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services, DHS, Washington, DC

10:30 a.m.-12:00 p.m.
Hot Topics Strategy Session with the AILA National Officers

11:00 a.m.-12:00 p.m.
IPC Immigration Policy Panel: Immigration Crystal Ball: What Do We Foresee in Immigration Reform

This panel, sponsored by the Immigration Policy Center, will provide an update on the status of immigration reform and provide an analysis of prospects for the future.

* What Is the Current State of Play for Immigration Legislation?
* How Are Issues Such as Family and Employment-Based Immigration, Legalization, and Due Process Being Addressed?
* What Is the Community Response and How Will That Affect the Future of a Bill?

FUNDAMENTALS
11:00 a.m.-12:00 p.m.
NIVs: Part I

This panel will introduce some of the nonimmigrant options available to non-citizens who wish to come to the United States temporarily.

* Just Visiting/Passing Through: B Visitors, C/D, Visa Waiver
* Studying/Training: F, J, M
* Family NIV: K, V
* Law Enforcement Assistance: S, T, U
* Cultural Exchange: Q
* Ones You'll Rarely See: I, A, G, NATO

11:00 a.m.-12:00 p.m.
NIVs: Part II

This panel will introduce and discuss the most widely used nonimmigrant options for the non-citizen wishing to come temporarily to the United States for employment.

* Temporary Workers & Trainees: H-1B, H-2A, H-2B, TN, E-3, H-3
* Treaty Investor/Trader Visa: E
* Intracompany Transfers: L
* Artists/Entertainers/Extraordinary Individuals and Groups: O, P
* Religious Workers: R

1:35-2:35 p.m.
Employment-Based Immigration: The Preference Categories

This session will provide a basic overview of the immigrant visa preference system; criteria for the different preference categories; numerical limitations; the Visa Bulletin; and other key concepts, rules, and procedures relating to the employment-based immigration process.

* What Is Employment-Based Immigration?
* What Are the Preference Categories and Requirements?
* Which Categories Require a Job Offer?
* Which Categories Do Not Require Labor Certification?
* How to Read the Visa Bulletin, How Are Visa Numbers Calculated, and Numerical Limitations

2:40-3:40 p.m.
Labor Certification 101 (PERM): Foundation/Drafting the Job Description

This panel is intended for practitioners who are new to the Labor Certification process. Panelists will introduce the PERM process, and then will describe how to work with employers to present a PERM-friendly job description that accurately reflects the duties and minimum requirements of the job. Panelists will also discuss obtaining evidence to establish that the beneficiary is qualified to perform the job.

* Introduction/Concepts in Labor Certification (PERM)
* Job Descriptions and Minimum Requirements
* Obtaining Experience Letters
* The Basics of Degree Equivalencies
* Alternative Requirements

4:00-5:00 p.m.
Labor Certification 102: Recruitment

This panel will describe the recruitment requirements for labor certification applications. Panelists will explain how practitioners can legally and ethically work with employers to successfully complete the recruitment process.

* Key Time Frames/Deadlines for Conducting Recruitment and Filing the Labor Certification Application
* How to Place the Job Order, and For How Long
* Advertising Requirements
* Screening Applicants
* How to Complete the Recruitment Summary
* Common Pitfalls

12:30-1:30 p.m.
Common Staffing Nightmares: What Keeps You Up at Night?

You may have IT people to care for your computers, but how do you know they are doing it right? Are you sure you completely trust your bookkeeper? Your paralegals? If they lie, cheat, steal, or are incompetent, it’s your license and reputation. Learn what you can do to oversee their work even if you don’t watch them every minute of the day.

* Keys to Choosing Your Teammates
* Corporate Culture: What Would You Like Yours to Be?
* Successful Systems of Cross-Checks and Cross-Reliance
* Make Them Happy!

Family Practice Ethics

Family-based immigration practice requires a practitioner to be well-versed in ethical responsibilities regarding: dual representation; immigration and criminal history; and marital fraud. This panel will discuss how to maintain an ethical practice.

* Dual Representation Issues: Who Is the Client?
* How Does Separation or Divorce Affect Representation?
* Dealing with Affidavit of Support Co-sponsors
* When and How to Terminate the Attorney-Client Relationship
* Addressing Negative Information or Ineligibility Factors Before a Tribunal

Wonders of Your Website Revealed in One Hour

Do you wonder if the claims of search engine marketing consultants are true? Can you effectively do this yourself or should you hire a consultant? This panel will feature a few easy-to-learn web-based tools that anyone can use.

* Search Engine Marketing and Optimization
* Beyond Marketing: Using the Internet to Leverage Your Practice
* Extreme Makeover: Lawyer Website Edition and Social Media

ASYLUM
1:35-2:35 p.m.
Particular Social Groups

Panelists will discuss how best to present an asylum claim based on a particular social group. They will share their experiences and provide examples for which particular social groups may prove viable based on the latest in BIA and circuit law.

* How to Frame a Particular Social Group Claim
* Strategies Regarding BIA’s “Social Visibility” and “Particularity” Requirements
* Claims of Persecution by Gangs or Law Enforcement
* Updates on Particular Social Group Recognitions
* Lessons Learned

2:40-3:40 p.m.
Hot Topics: Statutory Bars to Asylum and Withholding of Removal

Panelists will define and present some emerging exceptions to the one-year, material support, persecutor, and terrorism bars. They will also discuss how relief under the Convention Against Torture (CAT) may be a welcome alternative to removal.

* One-year Filing Deadline and Emerging Exceptions
* What Constitutes Material Support?
* Who Are Persecutors and Terrorists?
* CAT as an Alternative Claim

4:00-5:00 p.m.
Developing and Preserving Issues in Convention Against Torture Claims

This panel will address emerging issues in claims for protection under Article 3 of the Convention Against Torture (CAT). Panelists will review develop.m. ents in case law relating to the definition of torture and how to effectively use international law standards interpreting CAT.

* Definition of Torture and Government Acquiescence: Level of Harm & Specific Intent
* Using International Law Standards
* Getting Your Client Released from DHS Custody
* Judicial Review

BUSINESS
1:35-2:35 p.m.
NIV RFEs: Understanding the Adjudicator’s Perspective & Strategies For Success

Perhaps RFEs are unavoidable. But, that does not mean that we cannot understand what triggers them, and what drives adjudicators to go from RFE to denial. Focusing on nonimmigrant petitions, this panel will discuss how to identify adjudicators’ concerns and how to successfully address them.

* NIV RFE and Denial Templates: What Do They Teach Us?
* Trends in H-1B and L-1 RFEs
* Convincing the Adjudicator: Strategies
* The Client’s Role: Developing the Theory of the Case

2:40-3:40 p.m.
IV RFEs: Understanding The Adjudicator’s Perspective & Strategies For Success

Perhaps RFEs are unavoidable, but that does not mean we can't understand what triggers them, and what drives adjudicators to go from RFE to denial. Focusing on immigrant petitions, this panel will discuss how to identify the concerns of adjudicators and address them successfully.

* IV RFE and Denial Templates: What Do They Teach Us?
* Multi-national Managers: New Tactics for Function Managers
* Issues in PERM-based Cases
* Convincing the Adjudicator: Strategies
* The Client’s Role: Developing the Theory of the Case

4:00-5:00 p.m.
The Visa Bulletin: A View from Charlie Oppenheim’s Desk

The movement of the numbers on the Visa Bulletin, forward and back, is one of the most poorly understood areas of immigration practice. Primary sources from the U.S. Department of State (DOS) will provide insight into the following:

* Interaction Between Family– and Employment-Based Preferences
* Interaction Between USCIS and DOS on Visa Numbers
* Charting the Interaction
* FY 2014 Projections and Beyond
Michael P. Nowlan (DL), AILA Business Immigration Committee Chair, Detroit, MI
Christopher A. Teras, Annandale, VA

CRIMMIGRATION
1:35-2:35 p.m.
The Latest on the Categorical Approach: Not Dead Yet!

Panelists will bring you up to speed on the latest develop.m. ents in the categorical approach at the BIA, the circuit courts, and the U.S. Supreme Court.

* Current Status of the Categorical Approach
* Modified Categorical Analysis following Matter of Lanferman
* Nijhawan, Kawashima, and Circumstance-specific Approaches
* Silva-Trevino and Moncrieffe: Proving a Negative by Examining Facts to Determine Removal Consequences

2:40-3:40 p.m.
Padilla Retroactivity: What's the Deal?

In 2010, the U.S. Supreme Court issued its decision in Padilla v. Kentucky, holding that failure to advise criminal aliens of the potential deportation consequences resulting from guilty pleas constituted ineffective assistance of counsel. Panelists will assess the state of the law on whether the Supreme Court's decision in Padilla applies retroactively, and discuss the interplay with statutes that limit the period of time to seek post-conviction relief.

* Overview of Vacaturs of Conviction and their Impact on Immigration Status
* Chaidez v. U.S.: Is Padilla Retroactive or Not?
* Strickland Standards
* Lawyer's Duty versus the Court's Duty
* Statutes Imposing Time Limits on Seeking Post-conviction Relief and Teague Applicability

4:00-5:00 p.m.
Immigration Defense in Illegal Reentry and Other Federal Criminal Cases

Illegal reentry prosecutions represent the fastest-growing type of criminal case in federal courts today. This panel will be a primer for the experienced immigration law practitioner, and provide the tools necessary to fill an area of systemic need: quality, effective representation to defendants who often have never had a lawyer recognize their unique situations.

* Elements of an Illegal Reentry Case
* Defense to Illegal Reentry: Collateral Attacks and Post-departure Motions to Reopen of Unlawful Removal Orders
* Entering or Getting Appointed as CJA Counsel on Illegal Reentry Cases, Getting Clients, and Obtaining Funding to Defend
* Impact of Padilla v. Kentucky on Immigration Counsel Appointments in Federal Criminal Cases

FAMILY
1:35-2:35 p.m.
“Ain’t Too Proud To Beg”: USCIS District Office Practice

This panel will review some of the many issues involved with local USCIS district office practice, including preparing for and attending adjustment and naturalization interviews, obtaining emergency travel authorization, following up on long pending applications, performing case inquiries, and how to best liaise with local USCIS officers. It also will highlight regional differences in practice and provide tips for working within the specific culture of various local offices.

* Preparing for Local Adjustment and Naturalization Interviews
* When and How to Reschedule Appointments and Oath Ceremonies
* Obtaining I-551 ADIT Stamps and Emergency Advance Parole Travel Authorization
* Following-up on Long-Pending Cases
* It Doesn’t Always Have to Be Adversarial: Finding Common Ground with Local USCIS Officers

2:40-3:40 p.m.
NOIDs and RFEs in Family Cases

The practitioner faced with a Request for Additional Evidence (RFE), and especially with a Notice of Intent to Deny (NOID), has limited time to react. This session will discuss how to respond to RFEs and how best to deal with NOIDs.

* Respond, Request Additional Time, or Evidence Requested Is Not Available
* Common Reasons for NOIDs & RFEs
* Decoding Confusing NOIDs & RFEs
* Denials: Motions to Reopen and/or Administrative Review
* Addressing Government Error: Working with Field Offices/Service Centers
* Refuting Incorrect or Inconsistent Information in Databases (Accurint/Choicepoint)

4:00-5:00 p.m.
Dreaming About Deferred Action, Deferred Action for Childhood Arrivals (DACA)

From June 2012 to June 2013, what has happened with President Obama’s plan for deferred action for qualified young immigrants, DACA? Learn about the top issues in deferred action requests.

* Interpreting the Requirements and Understanding the Risks
* Criminal Issues: Significant Misdemeanors, Multiple Convictions, Juvenile Offenses, and Other Offenses
* To Travel or Not to Travel, and How Foreign Travel Will Affect Future Case Options
* Removal Proceedings, Final Orders of Removal, and Stays of Removal
* Other Available Forms of Prosecutorial Discretion

FRIDAY, JUNE 28, 2013

7:30-8:30 a.m.
Challenging Business Denials in Federal Court

An adverse agency decision may not need to go to BALCA or AAO for resolution before suing in federal district court. This panel will explore situations in which it may make sense to bypass BALCA or the AAO and will provide instruction on the mechanics of litigating a business immigration case in federal district court.

* Who Needs BALCA and the AAO?: Advantages and Disadvantages of Administrative Appellate Review
* APA Review of Final Agency Action
* Mandamus and Declaratory Actions
* Practical Considerations

Effective Strategies for Dealing with ICE Detainers

Your client has been arrested and now has an ICE detainer—an increasingly common scenario in light of the Secure Communities Initiative. Panelists will discuss how the immigrant detention system operates and courses of action available.

* Understanding the Immigrant Detention System and ICE Detainers
* Legal Challenges to ICE Detainers
* Federal and State Habeas Jurisdictional Issues
* Effective Organizing Around Detainers

Fundamentals: Labor Certification 103: The Basics of Audits, Supervised Recruitment & Denials

Panelists will discuss how the U.S. Department of Labor uses audits and supervised recruitment in the Labor Certification process. Practitioners will learn how to work with employers to properly respond to these actions.

* What Is an Audit?
* What Are Some Typical Audits and Trends?
* What Is Business Necessity? How Do I Show It?
* What Is Supervised Recruitment? How Does It Work?
* What to Do if Case Is Denied

Immigration and the LGBT Client

How do we best represent and advocate for our LGBT clients? This panel will provide an in-depth review of the cutting edge issues in LGBT cases, from visitor visas to immigrant visas.

* What Are the Nonimmigrant Options for LGBT Clients and Same Sex Couples?
* To File or Not to File: What Happens with Concurrently Filed I-130/I-485s?
* Status of Partners/Same Sex Spouses, and Qualifying Relatives for Waiver Applications; Matter of Dorman
* Review of Prosecutorial Discretion in Same Sex Marriage Cases; Current Patterns in Remands, Terminations, and Administrative Closing of Proceedings; and Deferred Action Adjudications

Oops! The Top 10 Mistakes Made by Business Immigration Practitioners and How To Deal With Them

It’s easy to make mistakes, when preparing and filing employment-based petitions and applications, but it’s hard to know what to do about them. Don’t let your blunders result in a lost client or worse. With this panel, you’ll learn tips and tactics to help you anticipate the most common mistakes so that they don’t happen, and clean up afterwards if they do.

* Sins of Omission
* Sins of Commission
* Smoothing Clients’ Ruffled Feathers
* Taking Ethical Considerations into Account

The Ins and Outs of Visa Fraud

Representing clients at U.S. consular posts can be an exercise in frustration. One of the principal reasons for this is the concern about visa fraud at a given consular post. In this panel, practitioners will learn how DOS Diplomatic Security investigates suspected visa fraud, and what they can do for their clients in posts with a high rate of fraud.

* What Is Visa Fraud?
* Who Investigates Cases of Suspected Visa Fraud?
* How Do Consular Officers Detect Visa Fraud?
* Best Practices for Attorneys Who Represent Visa Applicants at High Fraud Posts

BUSINESS
8:35-9:35 a.m.
Sudden Impact: The Effect of DOL FAQs and BALCA Decisions on the PERM Process

You've read the PERM regulations from start to finish. Think you know everything you need to know in order to prepare and file a successful PERM application? Not so fast! DOL FAQs and BALCA decisions can significantly impact the PERM process. This session will address pertinent information not in the regulations that practitioners need to know. Panelists will identify recent FAQs and BALCA decisions and provide advice on what to do when they impact a case midstream.

* Recent FAQs Practitioners Should Be Aware Of
* Legal Weight of FAQs
* Recent Game-Changing BALCA Decisions
* How to Proceed When a FAQ or BALCA Decision Is Issued Post Recruitment or Filing

9:40-10:40 a.m.
DOL Is Watching: Supervised Recruitment Cases

Although the regulations for supervised recruitment have been on the books for years, they were rarely used by the U.S. Department of Labor. More recently, however, DOL is requiring supervised recruitment in more and more cases, even though the detailed procedures are still a work in progress. This session will help attorneys who handle PERM cases understand when supervised recruitment is likely to occur and how to prepare for it.

* Supervised Recruitment Triggers: Planning Ahead
* DOL Procedures in a Supervised Recruitment Case
* Effects of Withdrawing a Case After Supervised Recruitment Has Been Ordered
* The Ultimate Punishment: Debarment

11:00 a.m.-12:00 p.m.
Things I Hate About PERM

All too often, DOL will deny PERM applications based upon “gotcha” procedural errors, even though no clear instruction about the “correct procedure” appears in either the PERM regulations or the PERM FAQs. This advanced level panel will address practical problems that often occur in day-to-day PERM practice, to help counsel avoid stepping on hidden legal landmines. Panelists will address headaches that can arise anywhere during the lifecycle of the PERM application.

* Issues in Preparing the Case (Job Description, Working the Employer, etc.)
* Issues in Recruitment
* Timing and Timelines
* Hypersensitive Document Preparation

1:35-2:35 p.m.
L-1 for the Experienced Practitioner: Part I (Service Center Based Filings)

This two-part session will review the more nuanced issues that arise in the L-1 practice of the seasoned practitioner. Part I will address Service Center-based filings, while Part II will address Blanket Ls. Issues to be covered in Part I will include:

* Offensive Drafting Tips
* CSC vs. VSC and L-1A vs. L-1B
* Ah Yes, and Those RFEs: Review of Recent Trends
* Anticipating Offsite Employee Issues

2:40-3:40 p.m.
L-1 for the Experienced Practitioner: Part II (Blanket Ls)

Part II of this two-part session will address Blanket Ls. Issues to be covered in Part 2 will include:
* The Practical Application of the Five-Year L Visa
o What Documents Are Shown at the Border?
o How to Get a Newly-Endorsed I-129S from a Consular Post After Three Years

* The Blanket L
o Advantages to Consular Processing
o The First Extension
o Amendments

* Blanket L Applications at a Canadian POE or PFI
o Processing from CBP to USCIS
o “Individual” Approval Notices

4:00-5:00 p.m.
EB-5: The Essentials of Investment

No matter how much immigration experience you might have, EB-5s might still be a mystery. This panel addresses the basics of the EB-5 petition, focusing on fundamental issues to consider before getting started. Topics include:

* Individual vs. Regional Center Petitions
* Choosing a Regional Center
* Documenting the Requirements: Funding Issues, Employment Creation, and Securities Issues
* Drafting Form I-526
* Removal of Conditions: Preparing at the Outset
* Ethical Considerations

NATURALIZATION/FAMILY
8:35-9:35 a.m.
Panning for Gold: Affidavit of Support Issues

The affidavit of support often is the target of RFEs that can delay issuance of an EADs, travel documents, or adjustment interviews. This advanced panel will discuss how to make your client’s affidavit of support survive initial and final USCIS review.

* Methods of Meeting the Poverty Guidelines and Alternate Sources of Income
* Waivers of the Affidavit Requirement
* Ethical Issues
* Death of the Sponsor
* Enforcement Issues and Recent Case Law

9:40- 10:40 a.m.
The Top Five Inadmissibility Issues

Immigration law has a seemingly endless number of inadmissibility grounds, but practitioners regularly encounter the same issues. Learn strategies, tactics, and trends for handling the most common inadmissibility issues.

* Preconceived Intent: When Is It Fraud and When Is It Benign?
* Navigate Possible Criminal Issues
* Phony Social Security Cards, Fake Green Cards, and False Claims to Citizenship
* The Ins and Outs of the Three– and Ten-Year Bars
* Unlawful Presence and Permanent Bar Issues

11:00 a.m.-12:00 p.m.
Unlawful Presence

Unlawful presence exemplifies many of the problems with immigration law and advising noncitizens. Years after this concept was introduced into immigration law, we have a statute but no regulations. Instead, we have to rely on nonbinding and contradictory sub-regulatory guidance, anecdotes, and assumptions, with potentially disastrous consequences for our clients. This panel will help practitioners identify some of the uncertainties in this area of law and develop tools to better advise clients.

*BIA Case Law and Circuit Splits
*Conflicting Agency Interpretations
*Unresolved Issues with Minors, Visa Exempt Visitors, and Pre-IIRAIRA Unlawful Presence
*Eligibility for Waivers

1:35-2:35 p.m.
Provisional Waivers

When USCIS announced its intention to develop a stateside provisional waiver process, it was viewed with excitement. The expectation was that for those granted a provisional waiver, the consular interview would be a mostly routine process. This panel discusses the facts versus the fiction of the new provisional waiver process.

* Should I File a Waiver?
* Who Qualifies and What Does It Waive?
* Preparing the Documentation
* Process and Procedure for the I-130/601 Waiver
* Preparing Your Client for a Consular Interview When a Provisional Waiver Has Been Granted Stateside
* Options If the Waiver Is Denied?

2:40-3:40 p.m.
I-601 and I-212 Waivers: Tips for Proving Extreme Hardship

What is “extreme hardship?” This panel will provide tips on how to prepare a waiver application that will satisfy the “extreme hardship” standard and will discuss current case law, agency policy, and a review of current trends in adjudicating hardship waivers.

* Tips, Strategies & Procedures for Presenting an I-601 or I-212 Waiver
* Current Definition of Extreme: Obtaining a Favorable Exercise of Discretion
* Providing Supporting Documentation to Meet the Evidentiary Standard
* Other Factors: Hardship from Non-qualifying Relatives, Humanitarian Factors, and Government Errors
* Options After Denial

4:00-5:00 p.m.
Guide Me Through the Fog: Options After Denial of a Family Petition

USCIS may deny a family petition based on insufficient proof, adverse information, or other unexpected reasons. This panel will discuss your client’s options if a denial is received, and best practices for the practitioner who must respond.

* Challenging Boilerplate Decisions by USCIS
* Notice and Opportunity to Rebut Adverse Information
* Motions to Reopen, Reconsider, Refile, Appeal, or Other Options Before USCIS
* Changing Agencies: Appeals to the BIA
* Is Judicial Review Possible?
* Ethical Considerations

FEDERAL LITIGATION/BOND/DETENTION
8:35-9:35 a.m.
Discovery Practice Before Immigration Court

Requesting records from the different agencies within DHS under the Freedom of Information Act (FOIA) is only the first step of discovery practice to prepare a case before the immigration court. Independent background checks on clients and witnesses have become critical components of the practice. Panelists will provide a step-by-step guide about FOIA requests, independent investigations, when to request subpoenas and depositions, how to get your requests granted by the immigration court, and what to do once your requests are granted.

*FOIA: USCIS, CBP, ICE, EOIR
* State Background Checks and Use of Public Records
* Subpoenas: Regulatory and Immigration Court Practice Manual
* Depositions: Regulatory and Immigration Court Practice Manual

9:40-10:40 a.m.
Challenging Retroactivity of BIA Decisions

This advanced session is for experienced practitioners who focus on federal litigation. The panel will discuss different legal frameworks for limiting the scope of negative precedent decisions and develop.m. ents which open up or limit opportunities for relief.

* SEC v. Chenery and Balancing Interests
* Where the Agency Changes Its Position
* Brand X and Retroactivity of Contrary Board Interpretation
* Chevron Oil Test

11:00 a.m.-12:00 p.m.
Bars and Standards in Federal Appellate Jurisdiction

The standards governing federal appellate jurisdiction and the scope of review are complex and perplexing even for the most experienced practitioner. This panel of experts will delve into the most common bars to jurisdiction and standards of review, focusing on practical advice about effective framing of appellate claims. Special focus will be on briefing before the Board of Immigration Appeals to maximize the likelihood of jurisdiction in the U.S. courts of appeals.

* Common Bars, the REAL ID Savings Clause, and the Law/Fact Distinction
* How to Frame Claims and Common Appellate Litigation Mistakes
* Dealing with Chevron Deference
* Smart BIA Briefing as a Precursor to Appellate Review

1:35-2:35 p.m.
Getting Your Client Back to the U.S. After a Federal Court Win

Obtaining the return of your client to the United States after winning your appeal in a circuit court of appeals or U.S. Supreme Court can often be more difficult than the appellate litigation leading to the victory. Panelists will discuss the implementation of and updates to the April 2012 DHS Nken memo.

* Implementation of the DHS Nken Policy Memo
* Additional Litigation Challenges Regarding the Nken Policy Memo
* Custody Upon Return

2:40-3:40 p.m.
Federal Court and BIA Update

Panelists will discuss recent federal court and Board of Immigration Appeals decisions. They will identify areas for future litigation.

* Recent Decisions and Circuit Court Splits
* Impact of Recent Decisions on Pending and Emerging Issues in Litigation

4:00-5:00 p.m.
I Need to Get Out of Jail: Challenges to Mandatory and Indefinite Detention

Seventeen years after the enactment of IIRAIRA, determining whether a client is subject to mandatory detention without the possibility of release can still baffle even the most experienced practitioners. Panelists will discuss issues relating to mandatory and indefinite detentions and strategies for challenging DHS and immigration court decisions. They will also make distinctions between the different sections of the INA mandating such detentions.

* Mandatory Detention Under INA §235 and INA §236(c)
* Challenges to Matter of Rojas and “When Released”
* Challenges to Indefinite Detention
* Shifting Lines of Detention: Does INA §236(c) or INA §241 Apply?

FUNDAMENTALS
8:35-9:35 a.m.
Prevailing Wage Determinations for H-1B Visas and Labor Certifications

This panel will introduce the concept of the “prevailing wage,” as defined by the U.S. Department of Labor. Practitioners will learn the key concepts and methodologies used to obtain a prevailing wage.

* Do I Need a Prevailing Wage Determination from DOL?
* What the Heck Is an SVP?
* What Is O*NET?
* What Is a Job Zone?
* How Do I File a Prevailing Wage Request? How Long Will It Take?
* What Do I Do When DOL Issues the Wrong Prevailing Wage?

9:40-10:40 a.m.
My Labor Certification Was Approved, Now What? Nuts & Bolts of an I-140 Petition

There is life beyond labor certification for the employment-based immigrant visa practitioner. This panel will discuss the second step of a PERM-based immigrant petition—Filing of Form I-140 with USCIS.

* What Is an I-140 Petition? What Are the Requirements?
* Proving the Ability to Pay
* Documenting the Noncitizen’s Qualifications for the Position
* How to Complete the I-140 Form

11:00 a.m.-12:00 p.m.
One-Step Marriage Walk Through

This panel will take you through the nuts and bolts of an entire marriage case, from initial consultation to form filing, preparation of documents and clients, and finally, attending the interview. This may be one of the most standard processes in the field of immigration law, but it is still full of potential pitfalls for your clients.

* Consultation/Intake Issues: Get the Facts, Deal with Tricky Issues Up Front
* Preparing Forms & Filing: I-130, I-485, I-864, and G-325
* Supporting Documentation: What to File, What to Bring to the Interview
* Preparing for Interview: Review Forms for Updates, What Types of Questions Will Be Asked
* Interview: Role of the Attorney

1:35-2:35 p.m.
I-751 Petitions to Remove Conditions from Residency

This panel will discuss joint petitions and explore circumstances when a waiver of the joint filing requirement is needed. The panel also will discuss the impact of removal proceedings on the adjudication of the application and what can be done if there is divorce, abuse, or death after filing.

* The Basis for I-751 Waivers
* Status while Pending and Availability of Late Filing
* I-751 and Removal Proceedings: Matter of Stowers
* What Exactly Is Good Faith?
* Can You File Under Different/Multiple Categories If Circumstances Change?
* Overview of Cases Where There Is Divorce, Abuse, or Death

2:40-3:40 p.m.
Adjustment of Status Issues

This panel will provide an overview of the requirements and issues that arise in adjustment of status cases.

* Basic Requirements and Documentation
* Visa Bulletin and Backlogs
* Including Family Members and Derivatives
* Work Authorization and Travel Permission

4:00-5:00 p.m.
Basics of Consular Processing in Family Cases

Consular processing of family-based cases can be complicated by many things, including: years of waiting; problems establishing relationships when separated by thousands of miles; marriages; divorces; naturalizations; and criminal/immigration history.

* Fiancé(e) & Marriage Petitions: Basics and Tricky Situations
* Marriage to LPR & Other Categories: Visa Bulletin and Documentation
* Children Who Age Out or Marry
* Waivers Overview

GOVERNMENT OPEN FORUMS
8:35-9:35 a.m.
Executive Office for Immigration Review (EOIR) Open Forum

Anthony Drago Jr., (DL), AILA EOIR Liaison Committee Vice-Chair/AILA Board of Governors, Boston, MA
Douglas S. Weigle, AILA EOIR Liaison Committee Member, Cincinnati, OH
* Juan P. Osuna, Director, EOIR, Falls Church, VA
* David L. Neal, Chairman, BIA, EOIR, Falls Church, VA
* Brian M. O’Leary, Chief Immigration Judge, EOIR, Falls Church, VA
* Robin M. Stutman, Chief Administrative Hearing Officer, OCAHO, EOIR, Falls Church, VA
* Jeff Rosenlum, General Counsel, EOIR, Falls Church, VA

9:40-10:40 a.m.
U.S. Citizenship and Immigration Services (USCIS) Open Forum

Ian David Wagreich (DL), AILA USCIS Liaison Committee Chair, Chicago, IL
Jeff Joseph, AILA USCIS Liaison Committee Member/AILA Board of Governors, Aurora, CO
* Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services, DHS, Washington, DC
* Stephen Legomsky, Chief Counsel, USCIS, DHS, Washington, DC
* Denise Vanison, Chief, Office of Policy and Strategy, USCIS, DHS, Washington, DC
* Donald Neufeld, Associate Director, Service Center Operations Directorate, USCIS, Washington, DC
* Donald Monica, Acting Associate Director, Field Operations Directorate, USCIS, Washington, DC

11:00 a.m.-12:00 p.m.
U.S. Immigration and Customs Enforcement (ICE) Open Forum

Anna Marie Gallagher (DL), AILA ICE Liaison Committee Vice-Chair Washington, DC
Kelli Jo Stump, ICE Liaison Committee Member, Oklahoma City, OK
* Peter S. Vincent, Acting Assistant Director, International Affairs, U.S. Immigration and Customs Enforcement, Washington, DC
* Gary Mead, Executive Associate Director, ERO, U.S. Immigration and Customs Enforcement,
Washington, DC
* Andrew Lorenzen-Strait, ERO Senior Advisor, U.S. Immigration and Customs Enforcement, Washington, DC

1:35-2:35 p.m.
U.S. Department of State (DOS) Open Forum

Anastasia Tonello (DL), AILA Department of State Liaison Committee Chair, London, Great Britain
Maria Isabel Casablanca, AILA Board of Governors/AILA Department of State Liaison Committee Vice-Chair, Miami, FL
Jeffrey Gorsky, Chief, Advisory Opinions Division, Visa Office, DOS, Washington, DC
Edward Ramotowski, Managing Director, Visa Services, DOS, Visa Office, Washington, DC
Donald L. Heflin, Managing Director, Visa Office, DOS, Washington, DC
David S. Newman, Director, Office of Legal Affairs, Visa Services, DOS, Washington, DC

2:40-3:40 p.m.
U.S. Department of Labor (DOL) Open Forum

Grace Hoppin (DL), AILA Department of Labor Liaison Chair, San Francisco, CA
Kevin W. Miner, AILA Department of Labor Liaison Vice-Chair, Atlanta, GA
William Carlson, Administrator, Office of Foreign Labor Certification, ETA, DOL,
Washington, DC
Elissa M. McGovern, Chief of the Policy Division, Office of Foreign Labor Certification, DOL,
Washington, DC
Brian Pasternak, Deputy Administrator, Division of Program Operations, DOL,
Washington, DC

4:00-5:00 p.m.
CIS Ombudsman Open Forum

James W. Austin, AILA CIS Ombudsman Liaison Committee Chair, Kansas City, MO
Barbara Bower, AILA CIS Ombudsman Liaison Committee Member, Pittsburgh, PA
Maria Odom, CIS Ombudsman, Office of the CIS Ombudsman, DHS, Washington, DC
Ellen M. Gallagher, Senior Ombudsman, Office of the CIS Ombudsman, DHS, Washington, DC
Frederick R. Troncone, Acting Chief, Employment Section, Office of the CIS Ombudsman, DHS, Washington, DC

4:00-5:00 p.m.
U.S. Customs and Border Protection (CBP) Open Forum

Kenneth J. Harder (DL), AILA CBP Liaison Committee Chair, Houston, TX
Andrew Stevenson, AILA CBP Liaison Committee Vice-Chair, Seattle, WA
John P. Wagner, Executive Director, Admissibility and Passenger Programs, U.S. CBP, Washington, DC
Beverly Good, Admissibility and Passenger Programs U.S. CBP, Washington, DC
Rafael Henry, Program Manager, Admissibility and Passenger Programs, U.S. CBP, Washington, DC
Xavier Rios (Border Patrol), U.S. CBP, Washington, DC

LAW PRACTICE LUNCH SESSIONS
12:30-1:30 p.m.
“Pay Attention to that [Lawyer] Behind the Curtain”: The Role of In-House Counsel

In-house counsel wear two hats, they are counsel to their client, the corporation, and are clients to immigration lawyers. This session will provide outside counsel with insight into the world of the in-house counsel. In addition to discussing the role of the in-house counsel, the session will cover how outside counsel is selected and what is expected of them once selected.

* The Role of In-House Counsel
* Biggest Issues Encountered by In-House Counsel
* Negotiating the Differing Bureaucracies between the Structures of Internal vs. Outside Counsel
* Importance of the Capacity to Provide Global Migration Capabilities to the Organization
* Criteria for Choosing Outside Legal Counsel and Expectations

12:30-1:30 p.m.
Apps to Make Your Practice a Living Bliss

With over a million mobile apps available through various vendors, who has time to find the best ones for immigration lawyers? What tools should you be using to improve your practice and your productivity? This session covers what you need to know to make the decision and get started.
* 45 Apps to Keep You Busy, Productive, and Happy
* How to Create a Mobile App for Your Law Firm
* Essential Tech Tools for Every Immigration Lawyer

12:30-1:30 p.m.
The Fine Art of Getting Paid

There's no doubt about it; collecting unpaid bills must be the most demeaning, depressing thing a lawyer has to do. Many hard-working, honest lawyers find that their expectations about getting paid aren’t shared by their clients. How does this happen? And how can they stop it from happening? Join us for an uplifting hour of how to improve your bottom line!

*Letters of Engagements and Fee Agreements: Setting Expectations
* Practical Strategies to Assure Your Service Is Compensated
* Role of Initial Consultations in the Art of Getting Paid
* Forming the Attorney/Client Relationship and Setting a Platform for Mutual Satisfaction

12:30-1:30 p.m.
When Is the Music Over? Closing the Case

There is a great need among immigration practitioners to know the ethical, legal, and business issues related to closing an immigration case. This panel will cover issues of malpractice, file retention, and the creation of goodwill.

* Ethical Issues When Closing an Immigration Case
* Legal Issues When Closing an Immigration Case
* Business-Related Issues When Closing an Immigration Case
* Cost-Savvy Recommendations When Closing an Immigration Case

SATURDAY, JUNE 29, 2013

7:30-8:30 a.m.
Eureka! There’s Gold in That Field (Manual)

The Adjudicator’s Field Manual is defined as the “comprehensive ‘how to’ manual detailing policies and procedures for all aspects” of USCIS adjudications. While it is “intended only for training and guidance of USCIS adjudications, and does not create substantive or procedural rights or benefits,” it is considered ‘policy’ and, as such, is binding on all USCIS personnel. This panel will highlight:

* Using the AFM to Make Your Case
* Where the AFM Is Most Helpful and Most Detrimental
* Shiniest Nuggets
* Weight of the AFM, in General, and in Litigation

Evidentiary Issues in Asylum Cases

Credibility can make or break asylum cases. Panelists will address credibility determinations, the necessity of corroborating evidence under the REAL ID Act, and the effective use of expert witnesses. Lastly, the panelists will discuss the steps regarding independent forensic testing to rebut DHS’s findings of document fraud.

* Credibility: Discrepancies and Mental Health Issues
* REAL ID Act and Corroborating Evidence
* Expert Witnesses
* Original Documents and Forensics Testing

Fundamentals of Employer Sanctions: I-9s for Beginners

The USCIS Form I-9 is a deceptively short and simple form. Yet, unsuspecting employers have been fined thousands of dollars for not properly completing and maintain their I-9 forms. This panel will introduce the Form I-9 and will discuss the basic issues that practitioners need to know in dealing with employers.

* What Is an I-9? When and Why Is It Required?
* Basic Requirements of Completing an I-9
* Document Retention Requirements
* Common Pitfalls When Completing the I-9
* Helping Employers with I-9s
* I-9 Audit Basics

It’s Academic: Working with Institutions of Higher Education

Universities and other institutions of higher education are not only exempt from the H-1B cap, but in many cases they are also exempt from the normal strictures of the PERM labor certification process. However, these institutions are also very careful about how they use these advantages. Learn from representatives of international offices about:

* The Role of Outside Counsel
* Who Decides If the Institution Will Sponsor?
* The Confines of Institutional Policies
* PERM Recruitment Standards
* Who Qualifies for Special Handling PERM? Outstanding Researcher/Professor?

Use of False Documents: How It Can Complicate a Case

Use of false documents by noncitizens can create a number of legal issues, from forming the basis of removal proceedings, to questions about whether and when to disclose them during applications for immigration benefits. This panel will explore removal grounds associated with use of false documents; possible criminal charges and tax issues; and whether the use of false documents should be disclosed to the government.

* Relevant INA Provisions: §§212(a)(6)(C)(i), (ii), and 237(a)(3)
* Possible Criminal Charges Under Federal and State Law
* Disclosure Regarding Use of False Documents
* Tax Issues Associated with False Documents
* Ethical Issues for Immigration Attorneys

What Do I Do If? Removal Roundtable

A panel of seasoned experts will share tips for overcoming the unexpected in removal cases. For example:

* Client Has Been the Victim of a Crime
* Client Has Been Arrested
* Client Has Failed to Appear
* Client Plans to Lie in Court
* Inaccurate Government Documents

WORKSITE ENFORCEMENT/BUSINESS HOT TOPICS
8:35-9:35 a.m.
Dotting the I's and Crossing the T's of I-9 Compliance

Form I-9 is surprisingly complex, and despite almost 30 years of employment verification requirements, novel questions constantly arise. This advanced panel will give attorneys practical suggestions for advising clients on how to create and maintain these records, things that are more important than ever in an age of increased worksite enforcement.

* Determining the Best Time to Verify New Employees
* Centralizing or Decentralizing: Which Is Better?
* Dealing with Remote Employees
* Nuances of Lists A, B, and C
* Discovering and Correcting Errors: The I-9 Self-Audit
* Outsourcing the I-9 Process?

9:40-10:40 a.m.
How to Handle DOL and USCIS Investigations

In this era of enhanced workplace enforcement, it is more important than ever for practitioners to anticipate that inevitable day when DOL or USCIS comes knocking at the door. This panel will discuss the mission and investigative processes of Wage & Hour and FDNS investigations, and how to prepare for and react to them.

* Background: History, Mission, and Structure of Wage & Hour Division and FDNS
* Counseling Employers on Best Practices to Avoid Investigations and Preparing Them for Unannounced Visits
* Mechanics of Investigations: How and Why Investigations Begin, Operate and Conclude
* Reacting to Results of Investigations: Derogatory/Inaccurate Information, Notices of Intent Based on Site Visits, Filing Complaints, and Appealing Determinations

11:00 a.m.-12:00 p.m.
Worksite Enforcement in the Age of Prosecutorial Discretion and Deferred Action

Since 2009, when DHS issued new guidance on worksite enforcement, there has been an increase in ICE raids, I-9 audits, and both civil and criminal actions against employers. It is clear that increased efforts against employers will continue to be part of the landscape, regardless of any
other movement toward immigration reform. In this session, panelists will look at the current state of worksite enforcement and the challenges practitioners face in working with corporate clients on these issues.

* Advising a Business When It Receives a Social Security No-Match Letter
* Developing a Plan of Action for the Arrival of ICE
* Working with ICE After the Notice of Intent to Fine Is Issued
* When to Take a Case to OCAHO

1:35-2:35 p.m.
Globalization, Technology, and Telecommuting: Does Where You Are Mean Anything Anymore?

DHS, DOS, and DOL have yet to fully confront the new reality—geographical location may not mean that much anymore. Instead, it is where you are in cyber space that counts! Is telecommuting a benefit to an employee? If my employer is in Location A, and I can work on my computer from any location in the world, as long as I can logon anywhere, where am I working? What are the implications for adjudications that are location sensitive?

* Offices: Real, Virtual, and Home
* Defining Work in the Cyber Age
* Ramifications of Virtual Offices on PERM, Prevailing Wages, and LCAs
* Cross-Border Telecommuting Issues—Cyber Teams and the Business Visitor
* Ethical Considerations in Creating the Virtual Office

2:40-3:40 p.m.
O-1 Extraordinary Ability in the Arts: How to Create the Right Strategy

USCIS interpretation and application of the O-1 regulations regarding artists has fluctuated wildly over the past two decades. This panel will review most current interpretation by USCIS, and also highlight current consular-specific issues.

* Agents as Petitioners
* The “Traditionally Self-employed” Artist
o “Anchor” Employers
o How to Demonstrate a Long-Term Itinerary
* Evaluating whether to File a 3-Year Petition vs. a 1-Year Extension
* Material Changes; When an Amended or New Petition Is Required
* Consular Issues

3:45-4:45 p.m.
Prevailing Wage Dilemmas

We’ve all experienced the headaches and frustrations of inadequate prevailing wage data and inaccurate prevailing wage determinations. This advanced panel will tackle some of the most perplexing prevailing wage-related problems and offer advice from the experts on how to address them.

* What to Do When There Is No OES Data for Your Occupation
* Alternative Wage Surveys/Independent Wage Surveys: Meeting DOL’s Criteria
* When/How to Conduct a DOL-Compliant Independent Wage Survey
* Default $80/Hour Determinations for Higher-Wage Occupations
* Missing Wage Data for ACWIA Occupations and Resulting Inappropriate Prevailing Wage Determinations
* Unpacking DOL’s FAQ on Determining the Applicability of ACWIA Wages
* Request for Consideration/Appealing a Prevailing Wage Determination

BUSINESS/MASTERS BUSINESS
8:35-9:35 a.m.
Practicing in the World of Sub-Regulatory Law: Interpreting and Using AC21

For more than a decade, immigration lawyers have advised clients about changing jobs, retaining priority dates, extending H-1Bs for one or three years, and a number of other subjects, all based upon one memorandum, and without the benefit of detailed regulations. Much of what we 'know' beyond that has been gleaned from additional memoranda and practical experience. In this advanced-level session, the panelists will examine and discuss some of the more complex issues that they and others have encountered regarding AC21.

* How Can H-1B Portability Be Lost?
* Risks for an H-1B Beneficiary Who Changes Jobs Frequently
* Same or Similar Occupational Classification, including Self-employment Options
* Changes in Employment, Pre– and Post-180 Days
* Unemployment: Is All Hope Lost?

9:40-10:40 a.m.
“Location, Location, Location”: Tricky LCA and PERM Issues When the Employee Is on the Move

These days, employees are frequently on the move, changing work locations and often working remotely. This can present a challenge when preparing and filing LCAs and PERM applications. Where to obtain a prevailing wage, posting, and identifying the location of employment becomes increasingly complex when the employee roves, works from home, or is placed at a client site. This session will focus on how to handle the grey areas not addressed in the regulations or on the forms:

* Identifying the Type of Worker and Location of Employment
* Prevailing Wage Issues
* Posting Perplexities
* Challenges in Completing Form ETA 9089
* Public Access File Issues

11:00 a.m.-12:00 p.m.
Immigration Policies from the Employer’s Perspective

Whether a company is small or large, consistent immigration policies are critical. This session will highlight key issues that attorneys should focus on when representing employers to assist in establishing streamlined policies. Topics include:

* H-1B Housekeeping: Withdrawals, Portability Start Dates, and Tracking the Movement of Workers
* Costs: Who Is Responsible and Repayment Agreements
* Establishing Policies about Initiation of the Green Card Process
* Ensuring Consistency in PERM Cases: Requirements and Recruitment
* Maintaining NIV Status After the I-485 Is Filed
* Developing and Maintaining an I-9 Compliance Program

1:35-2:35 p.m.
Masters: EB-1 in the Age of Kazarian

This masters level panel will discuss what is state-of-the-art in petitions for foreign nationals of extraordinary ability and outstanding researchers and professors. It will include practical suggestions for framing the strongest case from the outset, and specifically will address:

* Recent Case Law and USCIS Guidance
* Using the RFE Template as a Guide to Preparing the Petition
* Developing the Final Merits Analysis
* Multiple Petition Filings and Alternatives

2:40-3:40 p.m.
Masters: Advanced E-1/E-2 Visa Issues

This panel will explore creative thinking in the E-1 and E-2 arena. In particular, it will investigate the mutability of the interpretation of “marginality” and “substantiality.” It will also recommend how to present tricky E cases to get an approval.

* Evolving Definition of “Marginal” in Light of the Current Economic Conditions in the United States
* Proving Complex Ownership Issues
* Evolving Definitions of “Substantial” and “Substantiality”
* Discussion of Truly Creative Approaches to E-1 and E-2 Visas

3:45-4:45 p.m.
Masters: Current Issues with B-1 Visas

Thousands of business travelers from across the globe come to the United States every year to attend conferences, visit business associates, and negotiate business deals, but in light of high profile allegations of misuse of the B-1 category, what are the precise boundaries and limitations of this visa category? This panel will explore the nuances of allowable B-1 activities and offer practical tips for employing the B-1 as an effective and useful strategy for your clients.

* Permissible B-1 Visa Activities Under 9 FAM 41.31
* B-1 in Lieu of H-1B: Viable H-1B Cap Alternative?
* Annotations: Are They Useful or Not?
* When Should an Applicant from a Visa Waiver Country Apply for a B-1 Visa?
* How to Present a Case to the U.S. Embassy and Avoid a §214(b) Determination
* B-1 Extension of Stay

FAMILY
8:35-9:35 a.m.
Advanced Adjustment of Status Issues

Although adjustment cases may appear simple, something always seems to come up unexpectedly. This discussion will focus on complicated cases requiring advanced skills from the practitioner.

* Entry Issues: No Entry Documents, Misrepresentations, and Other Irregularities
* Unpleasant Surprises: False Claims to U.S. Citizenship, Unlawful Presence, Prior Deportation, Prior Voluntary Departures, Prior Sham Marriages, Bankruptcies, and Social Media Revelations
* Timing and Preparing Your Waivers
* Options Following a Denial: Re-file, Appeal the I-130, AOS in Proceedings and NVC Options

9:40-10:40 a.m.
Consular Processing/Immigrant Petitions: It’s as Straightforward as Skateboarding Lombard Street

This panel will discuss local practices at the U.S. consulates and DHS offices around the world, focusing in particular on busy consular posts. Also covered are best practices in handling important issues that may arise during immigrant visa processing, and potential recourse after an adverse decision at the consular level.

* Local Policies and Practices of U.S. Consulates and International USCIS Offices
* Waivers at the Consular Level
* INA §221(g) and What to Do After the Decision to Deny, Return, or Revoke the I-130 Petition
* Appeals and Motions to Reopen/Reconsider Incorrect Decisions at the Consular Level

11:00 a.m. - 12:00 p.m.
Advanced I-751 Petition to Remove Conditions on Residence

This advanced panel will address all aspects of Removal of Conditional Residence, including the different waivers of the joint petition requirement. The panel will also address best practices for filing successful I-751 Petitions for Petitioners who are no longer married, and identify strategies for challenging I-751s in removal proceedings.

* Atypical Joint Filings
* Waivers of the Joint Petition Requirement
* Filing I-751s After Conditional Residence Has Expired
* Conditional Resident Is Married to Different USC Than the One Who Filed the I-130—What Now?
* I-751s in Removal Proceedings
* Removal of the Condition for Derivative Beneficiaries

1:35-2:35 p.m.
Trouble Behind, Trouble Ahead: Clouds Over LPR Status

Sometimes lawful permanent residents have obtained their status through government error or their own misconduct, such as improper attainment of asylee or nonimmigrant status or marriage fraud. When this happens, it can cast a cloud over an individual's status for years to come. This panel will help you analyze your client's immigration history so you can try to anticipate when this problem might arise. It will also help you identify and develop defenses to the allegations and pursue relief.

* Analyzing Immigration History Before Applying for Another Benefit
* Impact on Eligibility for Immigration Benefits
* Challenging Allegations of Fraud
* Responding to Government Error
* Proactive and Defensive Strategies, including Relinquishing Status, §§237(a)(1)(H) and 212(k), and Nunc Pro Tunc Relief
* Issues During Naturalization Proceedings

2:40-3:40 p.m.
“I Left My Home in San Francisco”: Overseas LPR Issues

This panel will discuss the various practical issues faced by lawful permanent residents who have prolonged absences from the United States.

* Analyzing an Extended Period Abroad
* Maintaining LPR Status While Abroad and Staying Out for More Than One Year
* Employment Abroad
* Maintaining Continuity of Residence for Naturalization Purposes
* Filing Returns and Payment of U.S. Taxes and the Potential Effect on Naturalization (IRS Tax Forms 2555 and 1116)

3:45-4:45 p.m.
Advanced Issues in Naturalization

This panel will cover a variety of advanced issues and problems that may be associated with the filing of a naturalization application. Panelists will discuss how to address the issues and properly advise the client.

* The Impact of Arrests and Criminal Acts
* Other Good Moral Character Issues
* Lack of Ability to Read, Write, and Speak English; Disability Waivers
* Issues with the Underlying Permanent Residence
* Continuity of Residence Issues, §319(b), and the N-470

REMOVAL DEFENSE/WAIVERS
8:35-9:35 a.m.
Has My Client Been Admitted, Which Admission Matters, and Other Conundrums: Part I

Admission to the U.S. is required in order to receive certain immigration benefits, such as adjustment of status. It also determines whether someone is charged under INA §212 or §237 in removal proceedings. This panel will cover the definition of admission, various immigration benefits relating to admission, and differences in removal proceedings under §212 and §237. Panelists will discuss humanitarian parole, parole for the Cuban Adjustment Act, TPS, deferred action, and changes of status.

* INA §101(a)(13): What Is the Definition and When Does It Apply?
* Survival of the Fleuti Doctrine for Lawful Permanent Residents: Vartelas v. Holder
* Evolving Interpretations of the Application of “Admission” and Matter of Arrabally and Yerrabelly
* Inspection with Fraudulent Documents: Does It Count as an Admission?

9:40-10:40 a.m.
Has My Client Been Admitted, Which Admission Matters, and Other Conundrums: Part II

Even experienced practitioners may face moments of confusion about which admission date counts for their clients, and for what purpose. This panel will dissect the fine lines of admissions
regarding inadmissibility, deportability, and new applications for immigration benefits based on past and current immigration history.

* Which Admission Date Counts for Purposes of Removability and Inadmissibility?
* Does Current and Past Immigration Status of a Noncitizen Matter for INA §101(a)(13) and Immigration Benefits?
* Ports of Entry and Circuit Court Splits: Does It Matter Where Noncitizens Present Themselves for Inspection?

11:00 a.m.-12:00 p.m.
Shifting Waves in the Ocean: Burdens of Proof

Learn to distinguish which standards and regulations apply to burdens of proof and applications for immigration benefits. The latest developments about FOIA will be discussed as well as “how much” evidence is enough to meet the burden, and whether that burden must be met by the noncitizen or the agency.

* Preponderance of Evidence vs. Probability
* Right to Inspect Derogatory Information in USCIS Files/FOIA/Dent v. Holder
* Allegations of Fraud and Criminal Conduct, and Ability of Examiners to Go Behind a Record of Conviction
* REAL ID Act and Corroborating Evidence Requirement in Removal Proceedings

1:35-2:35 p.m.
Cutting Edge Issues in Waivers/Exceptions in Removal Proceedings

Certain waivers and exceptions provide less common defenses to removal. Panelists will address the latest case law develop.m. ents, emerging issues, and strategy tips for practitioners.

* INA §§237(a)(1)(H), 212(k), and 209(c)
* INA §212(h): Stand Alone and Readjustment with an Aggravated Felony Conviction
* Judulang and INA §212(c)
* Presidential and Gubernatorial Pardons
* VAWA Waivers

2:40-3:40 p.m.
Redefining the Standards of Hardship Waivers

Current standards for extreme hardship are based in the pre-IIRAIRA statutory structure. That structure did not include the severe consequences for unlawful presence and fraud contained in the current statute. This panel will present strategies and arguments supporting an appropriate and humane definition of extreme hardship based on the fundamental right to a unified family.

* Challenging Matter of Cervantes Concepts of Hardship
* Recognizing Familial Separation as Hardship
* Use of Government and NGO Reports and Statistics
* Cutting Edge Issues and Decisions in Waiver Cases

3:45-4:45 p.m.
Non-LPR and VAWA Cancellation of Removal Before the Immigration Court

With the influx of removal cases before EOIR, this important form of relief has become significantly more prevalent in recent years. This panel will discuss how to present a cancellation case before EOIR, even in situations where the level of hardship is relatively low.

* Statutory Bars to Cancellation, Stop-Time Rule, Crimes & Good Moral Character
* Witnesses: Whom to Call and How to Present Each Witness
* Winning the Case Without Medical Issues
* Case Law and Recent Trends, Including Cap Issues

TRIAL SKILLS PRACTICUM
8:35-9:35 a.m.
Become an Effective Litigator: Making the Most of Your Client’s “Day in Court”

Experienced attorneys will provide practical advice about how to be an effective litigator, from initially developing the case with your client, through presentation of the case and post-decision alternatives.

* Client Intake: Developing the Theory of the Case
* Preparing the Key Witness: Your Client
* Preparing Lay and Expert Witnesses
* Preparing Pre-hearing Document Submission
* Identifying Legal Issues, Briefing Them, and Preserving Them Properly

9:40-10:40 a.m.
Trial Skills in Immigration Court

Knowing how to present a case in court is crucial to winning a client's removal proceeding. This panel will discuss critical skills necessary to represent your client effectively.

* The Art of Direct Examination of Lay and Expert Witnesses
* Cross-Examination and Objections
* Making Your Record for Appeal: Exhaustion of Statutory, Regulatory, and Constitutional Claims

11:00 a.m.-12:00 p.m.
Motions in Immigration Court

This panel will introduce practitioners to common and not-so-common motions before the immigration court. The panel will focus on the creative use of motions to enhance a respondent’s chance of success before the immigration judge. Finally, the panel will discuss motions to consider after the entry of an order.

* What Can Be Requested in a Motion?
* Motions: Avetisyan, Dent, and Hashmi
* Time and Numerical Limitations on Motions to Reopen/Reconsider
* Dada Motions

1:35-2:35 p.m.
Effective Appellate Brief Writing

Effective and concise writing that conveys the important points in a case is critical at the appellate level, including AAO, BIA, and Federal Circuit Courts of Appeals. This panel of experts will offer advice on how to write a winning brief.

* Understanding Jurisdiction and Scope of Review
* Framing the Issues for Appeal
* Special Considerations for Rehearing Petitions

2:40-3:40 p.m.
Seeking the “Supreme” Remedy: Petitions for Writs of Certiorari

Recent decisions by the U.S. Supreme Court ensure that practitioners will continue to view the highest court as the place to obtain finality regarding interpretations of the INA and other statutes, and as the arbiter of the rights available to noncitizens under the U.S. Constitution. This panel will address the mechanics and theoretical considerations of practice before the Supreme Court, which require a different form of advocacy than before the BIA and circuit courts of appeals.

* Exhaustion Before the U.S. Circuit Court of Appeals
* Framing the Issue(s) for a Cert Petition
* Seeking Amicus Support
* Stays of Removal While Cert Petition Is Pending
* What to Do if the Cert Petition Is Granted: Full Briefing vs. Remand to Circuit Court of Appeals

3:45-4:45 p.m.
Human Rights Advocacy: How It Works & How It Helps

After a case has been lost at the court of appeals, the practitioner still has recourse to the international human rights tribunal. This panel is an introduction to the world of human rights advocacy. It will cover the basics of relevant international human rights standards and tribunals, including the Inter-American Commission on Human Rights. It will address the strategic value of combining advocacy based on domestic and international human rights standards, and how to work effectively with human rights lawyers.

* International Human Rights Standards and Tribunals
* Combining Domestic and International Law Advocacy
* Finding and Working Effectively with Human Rights Lawyers
* Real Life Advocacy and Case Examples

FUNDAMENTALS
8:35-9:35 a.m.
Citizenship

Sometimes even your client doesn’t know that he or she is legally a citizen of the United States. This panel covers attaining U.S. citizenship by birth, by acquisition, and by derivation.

* Citizenship by Acquisition at Birth
* Citizenship by Derivation Through the Naturalization or U.S. Birth of One Parent
* INA §322—Certificate of Citizenship
* Tips on Proving Citizenship by Acquisition or Derivation

9:40-10:40 a.m.
Naturalization

This panel will cover the basics of obtaining United States citizenship through naturalization.

* Requirements: Physical Presence; Good Moral Character; English Ability; Knowledge of Government
* Medical Waivers
* Military Service Naturalization
* Oath of Allegiance
* Application Procedure
* Preparing for the Naturalization Interview

11:00 a.m.-12:00 p.m.
Introduction to Removal: Initial Proceedings

This panel covers the initial phase of immigration court proceedings. Panelists will discuss bond hearings, master calendar hearings, pleadings, termination, change of venue, administrative closure and prosecutorial discretion.

* Introduction to the Practice Manual
* Master Calendar Hearing, Bond Hearing & Response to the Notice to Appear
* Changing Venue
* Motions: Requirements and Timelines
* Termination
* Prosecutorial Discretion/Deferred Action

1:35-2:35 p.m.
Introduction to Removal: Applying for Relief

This panel will provide an introduction to the common forms of relief from removal, as well as a “check list” of the basic requirements for each type of relief.

* Preparing and Presenting the Case
* Adjustment of Status in Proceedings
* Cancellation of Removal: Lawful Permanent Residents, Non-lawful Permanent Residents, and the Violence Against Women Act (VAWA)
* Waivers: Criminal, Drugs, Fraud, Marriage Fraud, Unlawful Presence, Health-related, etc.
* Prosecutorial Discretion
* Less Frequent Types of Relief: TPS, NACARA, Parole in Place, Deferred Action, U and T visas
* When All Else Fails: Voluntary Departure

2:40-3:40 p.m.
Analyzing the Immigration Consequences of Criminal Offenses

This panel will introduce practitioners to the definition of “conviction” for immigration purposes and equip practitioners with the necessary skills to analyze the immigration consequences of common criminal offenses.

* What Is a Conviction for Immigration Purposes? Non-conviction Issues
* Analyzing State Criminal Statutes
* What Is a Crime Involving Moral Turpitude (CIMT)?
* Common Court Documents
* Working with Criminal Defense Attorneys

3:45-4:45 p.m.
Asylum

This panel will provide an introduction to asylum law, withholding of removal, and the Convention Against Torture (CAT).

* What Are the Legal Requirements for Asylum?
* Affirmative vs. Defensive Asylum Cases: What Are the Procedural Differences? What About Family Members?
* How Do You File an Asylum Application & What Are the Processing Timeframes?
* Work Authorization and the Dreaded Asylum Clock
* What Is Withholding of Removal? Who Qualifies? What Are the Benefits/Detriments?
* What Is CAT? Who Qualifies? What Are the Benefits/Detriments?

12:30-1:30 p.m.
Ethical Issues for Immigration Lawyers

This session provides a basic overview of the ethical issues commonly faced by immigration lawyers, and provides best practices for avoiding ethical problems.

* When Is an Attorney-Client Relationship Formed?
* Communication: Model Rule 1.4
* Dual Representation Issues: Model Rule 1.7
* False Statements & Duty to the Tribunal: Rules 3.3 and 1.0
* Fees
* Competence

12:30-1:30 p.m.
Informational Marketing Techniques to Start and Grow Your Practice

Informational marketing provides information to potential clients to help them better understand their options and the value of hiring an immigration lawyer ... before they hire a lawyer, pay any fees, or complete any forms. This session will provide information on tips and practices for Internet and traditional media informational marketing.

* Internet Informational Marketing: Keeping Google Happy without Spending a lot of Money on AdWords
* Creating Effective Informational Marketing Materials Even if You're Not an Artist or a Computer Geek
* Using Informational Marketing Techniques Offline
* Informational Marketing Techniques on a Shoestring Budget
* Tracking Results
* Complying with Ethics Rules

12:30-1:30 p.m.
Smooth Operator: Tips & Tricks to Efficient Productive Practice

This panel will cover the nuts and bolts of how to develop an effective conflict check system for your immigration law practice, how to develop an office procedure handbook, and how to implement those procedures throughout your office.

* The “Checklist Manifesto” for Immigration Lawyers
* How to Develop and Implement a Conflicts Check System for an Immigration Law Practice
* How to Develop and Implement Effective Office Procedures for Your Busy Immigration Law Practice

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6.
European Union Law and Policy on Immigration and Asylum

July 1-12, 2013
Universite Libre de Bruxelles
Brussels, Belgium
http://www.ulb.ac.be/assoc/odysseus/cours2013UK.html

Part One
July 1-5 - Introductory Lectures

1. General Introduction to EU Policy on Immigration and Asylum
2. Future of Free Movement of EU Citizens
3. Institutional Framework of the European Immigration and Asylum Policy
4. Control of external borders
5. European Visa Policy
6. Enlargement of the EU and the European Immigration and Asylum Policy
7. Implications of Human Rights for Immigration and Asylum

Part Two
July 8-12 - Specialised Lectures

1. Immigration for purposes of work or studies
2. Family reunification
3. Status of Third Country Nationals, Non-discrimination and Integration
4. Regularisations of Illegal Immigrants
5. Fighting Illegal Immigration
6. Schengen Information System
7. External relations and Immigration and Asylum policy
8. Return and Readmission Policy
9. The European Definition of the Concepts of Refugee and of Subsidiary Protection
10. Practical Exercises
11. Status of Asylum seekers and of protected persons
12. Distribution of Refugees between Members States
13. (Dublin, EURODAC and European Refugee Fund
14. The position of UNHCR on the European Asylum Policy
15. Asylum Procedure

Application form: http://dev.ulb.ac.be/assoc/odysseus/summerschool/formulaire.php?langue=EN

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