Wednesday, January 31, 2007
USCIS PROPOSES MASSIVE FEE INCREASES
USCIS today proposed fee increases averaging 66% and in return is promising 20% processing time improvements by the end of 2009.
According to USCIS, fee increases will hit the following application types: (1) Application to Replace a Permanent Resident Card (I-90) – current fee is $190; proposed fee is $290; (2) Petition for Alien Fiancé (I-129F) – current fee is $170; proposed fee is $455; (3) Application to Register Permanent Status or Adjust Status (I-485) – current fee is $325; proposed fee is $9051; and (4) Application for Naturalization (N-400) – current fee is $330; proposed fee is $595.
The proposal drew the criticism of many groups including the American Immigration Lawyers Association which called on Congress and the White House to end the policy of making USCIS filing fees cover 100% of the agency's budget for processing cases.
# posted by Greg Siskind @ 11:23 PM
HOUSE IMMIGRATION SUBCOMMITTEE MEMBERS NAMED
The shape of immigration reform legislation will largely be determined by the Immigration Subcommittees in the House and Senate. The House subcommittee members have finally been released and they are the following:
Zoe Lofgren - (D-CA) - Chair
Steve King (R-IA)- Ranking Member
Elton Gallegly (R-CA)- Deputy Ranking Member
Howard Berman (D-CA)
Artur Davis (D-AL)
William Delahunt (D-MA)
Keith Ellison (D-MN)
Randy Forbes (R-VA)
Louie Gohmert (R-TX)
Bob Goodlatte (R-VA)
Luis Gutierrez (D-IL)
Sheila Jackson Lee (D-TX)
Daniel Lungren (R-CA)
Marty Meehan (D-MA)
Linda Sanchez (D-CA)
Maxine Waters (D-CA)
# posted by Greg Siskind @ 11:08 PM
BUSH CALLS FOR INCREASE IN H-1B NUMBERS
Hispanic Business reports on remarks given by President Bush to Dupont employees"I want you to know I understand that we need to make sure that when a smart person from overseas wants to come and work in DuPont, it's in our interests to allow him or her to do so. We've got to expand what's called H-1B visas. It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems."
# posted by Greg Siskind @ 11:01 PM
SENATE PASSES MEASURE BARRING EMPLOYERS OF ILLEGAL IMMIGRANTS FROM RECEIVING GOVERNMENT CONTRACTS
The Senate today passed S.2, the minimum wage increase bill. The bill includes a provision barring employers of illegal immigrants access to government contracts for seven years (or ten years if the employer was the recipient of government contracts at the time of hiring illegal aliens). Senator Sessions (R-AL) was successful in getting an amendment added that made an exception to this provision if an employer participates in the Basic Pilot program. The House version of this bill does not contain the Sessions Amendment and the two Houses will need to reconcile this difference before the bill goes to the President.
# posted by Greg Siskind @ 8:51 PM
Tuesday, January 30, 2007
TEXAS SENATORS INTRODUCE BILL TO EXTEND MEXICAN TOURIST STAYS
Senator John Cornyn (R-TX), the ranking Republican on the Senate Immigration Subcommittee, introduced legislation to extend the time a Mexican citizen can remain in the US on a border crossing card from one month to six months. Cornyn believes the measure would help the economy of South Texas by increasing commerce and tourism. Cornyn is joined by his fellow Texas Republican, Senator Kay Bailey Hutchison as well as Rep. Henry Cuellar (D-TX) who will introduce a similar measure in the House. The bill is titled the Secure Border Crossing Card Entry Act of 2007.
# posted by Greg Siskind @ 8:17 PM
Tuesday, January 23, 2007
BUSH: WE NEED AN IMMIGRATION SYSTEM WORTHY OF AMERICA
President Bush addressed immigration early and prominently in his State of the Union Address this evening. The President initially noted that his Administration is doubling the size of the Border Patrol and funding new infrastructure and technology initiatives.
The President also outlined other immigration related goals:
- We must take pressure off the border. We need a temporary worker program so people don't have to sneak in. Border Patrol can focus on drug smugglers and terrorists.
- We must enforce immigration laws at the work site and give employers tools to verify the status of workers so there is no excuse left for violating the law.
- We must uphold the great tradition of melting pot that welcomes and assimilates new arrivals.
- We must resolve the status of illegal immigrants already in country without animosity and without amnesty.
- Congress must engage in serious, civil and conclusive debate so the President can sign comprehensive immigration reform into law.
# posted by Greg Siskind @ 8:30 PM
Monday, January 22, 2007
BUSH TO MAKE IMMIGRATION REFORM CENTERPIECE OF STATE OF THE UNION ADDRESS
The Arizona Republic reports that comprehensive immigration reform will be listed by Bush as one of his major priority's for the year.
# posted by Greg Siskind @ 1:03 PM
Saturday, January 20, 2007
PASSPORT REQUIREMENT KICKS IN TUESDAY
Beginning January 23rd, citizens of the US, Canada, Mexico and Bermuda will need passports to enter each other's countries when traveling by airplane.
The requirement may come as a surprise to many Americans. According to DHS, at last count 17% of Americans were still traveling to these countries without a passport. Canadians seem to be better prepared as only 6% of them are still traveling by air without passports.
REPUBLICANS TAP PRO-IMMIGRATION SENATOR FOR RNC HEAD
Mel Martinez, the Republican Senator from Florida, is expected to soon take the helm of the Republican National Committee, the organization that runs the national operations of the Republican Party. Martinez, a native of Cuba, is considered one of the most pro-immigration Republicans in Congress and played a key role last year in passing the comprehensive immigration reform bill.
Many Republicans are unhappy that Martinez will be the new leader. According to Tom Tancredo, anti-immigrant candidate for President and leader of the House Immigration Reform Caucus:
"I believe he represents the already shopworn position that we need a guestworker/amnesty bill," Rep. Tom Tancredo, R-Colo., a presidential candidate and a leading advocate for restrictive immigration control, said in an interview on Thursday. "He will use whatever influence he has in that position to try to advance that cause. That's the wrong message."
# posted by Greg Siskind @ 4:21 PM
TANCREDO TO RUN ANTI-IMMIGRANT CAMPAIGN FOR PRESIDENT
Tom Tancredo, the Colorado Republican member of the House of Representatives best known for being the most anti-immigrant member of Congress, will take his cause to the campaign trail as he seeks the Republican nomination for President. Tancredo is only polling 2% according to the latest polls in Iowa, the location of the first big presidential caucus in early 2008. But Tancredo's run is largely seen as one designed to raise the profile of his single issue of interest. Many Republicans are worried that the 2006 congressional elections signal that the anti-immigration image of the party is hurting them and that Tancredo's candidacy will only increase the damage.
# posted by Greg Siskind @ 3:58 PM
FLORIDA CONGRESSMAN PROPOSES BILL TO GIVE TPS TO HAITIANS
Alcee Hastings (D-FL) has proposed legislation to grant temporary protected status to Haitians in the United States. The bill, the Haitian Protection Act of 2007, cites political turmoil in the country, rampant crime as well as the ongoing effects of recent hurricanes and tropical storms. TPS designation would be granted for 18 months and would allow Haitians in the US to remain legally during that time and to work with an employment authorization document.
# posted by Greg Siskind @ 3:50 PM
AGJOBS BILL INTRODUCED IN HOUSE
Howard Berman (D-CA), a member of the House Judiciary Committee, has introduced the House version of the AgJobs bill which would grant legal status to an estimated one to two million farm workers across the country. The bill, H.R. 371, is identical to another bill recently introduced in the Senate by Diane Feinstein (D-CA). The Senate bill was introduced as S. 237 but recently was re-introduced as S. 340 with additional original co-sponsors. They include eleven new Senators:
Barbara Boxer (D-CA)
Hilary Clinton (D-NY)
Larry Craig (R-ID)
Pete Domenici (R-MN)
Chuck Hegel (R-NE)
Ted Kennedy (D-MA)
Herb Kohl (D-WI)
Pat Leahy (D-VT)
Mel Martinez (R-FL)
John McCain (R-AZ)
Patty Murray (D-WA)
Barack Obama (D-IL)
Ken Salazar (D-CO)
Chuck Schumer (D-NY)
Arlen Specter (R-PA)
George Voinovich (R-OH)
# posted by Greg Siskind @ 3:06 PM
Sunday, January 14, 2007
KUDOS TO MY CO-AUTHOR BILL STOCK FOR GETTING USCIS TO ADMIT FUDGING THE FACTS
Just saw this posted on an immigration law professors news group:
Re the processing times, USCIS is playing dirty in an effort to make their stats look better. Anytime an application or petition is awaiting action from anyone other than USCIS -- whether it's a response to an RFE, or a security check from the FBI or another government agency -- it's not counted as being pending with USCIS.
This allows them to post processing dates that look much more current than they really are. This is also how, at a Practising Law Institute conference last fall, a USCIS official was able to tell the audience with a straight face that USCIS had managed to reduce its backlog from nearly 4 million cases to only 55,000. It was only through diplomatic but persistent questioning from co-panelist and fellow Immprof list member Bill Stock that the truth came out.
Bill is my co-author (along with Steve Yale-Loehr) on the J-1 Visa Guidebook, published by Lexis Nexis.
# posted by Greg Siskind @ 6:30 AM
Friday, January 12, 2007
SENATOR S INTRODUCES AGJOBS BILL
Though an agricultural guest worker section is likely to be included in comprehensive immigration reform legislation to be introduced in the next few weeks, Senators introduced this week the AgJobs bill to legalize agricultural workers. The bill has bipartisan sponsorship with crucial support coming from Senators Larry Craig (R-ID), Diane Feinstein (D-CA) and Mel Martinez (R-FL). The bill would grant "blue cards" to agricultural workers currently out of status who can show they have been in the US for five months over the last two years. After several years, workers will be able to obtain immigrant visas.
# posted by Greg Siskind @ 9:34 PM
HOUSE JUDICIARY COMMITTEE TAKING SHAPE
The future of immigration reform legislation will largely be based on the make up of the House and Senate Judiciary Committees as well as the immigration subcommittees in both houses. We don't know who will be on the subcommittees except that Zoe Lofgren (D-CA) will chair in the House and Ted Kennedy (D-MA) will chair in the Senate.
We did learn today who will be on on House Judiciary Committee. A welcome addition is Luis Guitierrez (D-IL), an outspoken pro-immigration advocate. Also new to the committee are Brad Sherman (D-CA), Anthony Weiner (D-NY) and freshmen Steve Cohen (D-TN), Keith Ellison (D-MN) and Hank Johnson (D-TN). Congressman Cohen, incidentally, is my Congressman here in Memphis.
The Republicans also announced their Judiciary Committee appointees. They include Ranking Republican Member Lamar S. Smith (R-TX), F. James Sensenbrenner Jr. (R-WI), Howard Coble (R-NC), Elton Gallegly (R-CA), Bob Goodlatte (R-VA), Steve Chabot (R-OH), Daniel E. Lungren (R-CA), Chris Cannon (R-UT), Ric Keller (R-FL), Darrell E. Issa (R-CA), Mike Pence (R-IN), J. Randy Forbes (R-VA), Steve King (R-IA), Tom Feeney (R-FL), Trent Franks (R-AZ), Louis Gohmert (R-TX), Jim Jordan (R-OH). A noticeable omission is Jeff Flake (R-AZ) who is likely being removed from the committee as punishement for criticizing the GOP for it's anti-immigrant positions.
# posted by Greg Siskind @ 3:30 PM
Tuesday, January 09, 2007
CONGRESSIONAL LEADERS EXPRESS OPTIMISM THAT IMMIGRATION REFORM LEGISLATION WILL PASS
If the rhetoric of Democratic leaders are any indicator, the prospects for comprehensive immigration reform legislation passing this year are looking very good. Senator Patrick Leahy (D-VT), the new Senate Judiciary Committee chair, issued a strong statement this week supporting reform as he introduced S.9, the immigration reform bill. Incidentally, the bill starts as a "placeholder" bill that simply says very little, but will be amended later and will probably be hundreds of pages long before it passes.
Steny Hoyer (D-MD), the Majority Leader in the House, helped to shed some fears that the House will not take up immigration reform. According to Reuters
House of Representatives Democratic Leader Steny Hoyer of Maryland said on ``Fox News Sunday'' that immigration was one of the topics discussed when congressional leaders were invited to the White House last week to meet with Bush.
``He (Bush) smiled and he said, 'You know, I think I'm going to have a lot easier time dealing with you on immigration than I had dealing with the House Republican leadership on immigration,''' said Hoyer.
``I think that's the case,'' said Hoyer, who did not detail the plan.
The Reuters story also quoted Senator Minority Leader Mitch McConnell (R-KY) as supporting a bipartisan immigration reform bill.
The Arizona Daily Star quoted Senate Immigration Committee Chair Edward Kennedy (D-MA)as predicting passage of the bill. The paper also quotes House Immigration Subcommittee Chair Zoe Lofgren (D-CA) as saying she is optimistic that the House will be able to reach an agreement on immigration reform.
# posted by Greg Siskind @ 7:43 AM
Sunday, January 07, 2007
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
According to USCIS, fee increases will hit the following application types: (1) Application to Replace a Permanent Resident Card (I-90) – current fee is $190; proposed fee is $290; (2) Petition for Alien Fiancé (I-129F) – current fee is $170; proposed fee is $455; (3) Application to Register Permanent Status or Adjust Status (I-485) – current fee is $325; proposed fee is $9051; and (4) Application for Naturalization (N-400) – current fee is $330; proposed fee is $595.
The proposal drew the criticism of many groups including the American Immigration Lawyers Association which called on Congress and the White House to end the policy of making USCIS filing fees cover 100% of the agency's budget for processing cases.
# posted by Greg Siskind @ 11:23 PM
The shape of immigration reform legislation will largely be determined by the Immigration Subcommittees in the House and Senate. The House subcommittee members have finally been released and they are the following:
Zoe Lofgren - (D-CA) - Chair
Steve King (R-IA)- Ranking Member
Elton Gallegly (R-CA)- Deputy Ranking Member
Howard Berman (D-CA)
Artur Davis (D-AL)
William Delahunt (D-MA)
Keith Ellison (D-MN)
Randy Forbes (R-VA)
Louie Gohmert (R-TX)
Bob Goodlatte (R-VA)
Luis Gutierrez (D-IL)
Sheila Jackson Lee (D-TX)
Daniel Lungren (R-CA)
Marty Meehan (D-MA)
Linda Sanchez (D-CA)
Maxine Waters (D-CA)
Zoe Lofgren - (D-CA) - Chair
Steve King (R-IA)- Ranking Member
Elton Gallegly (R-CA)- Deputy Ranking Member
Howard Berman (D-CA)
Artur Davis (D-AL)
William Delahunt (D-MA)
Keith Ellison (D-MN)
Randy Forbes (R-VA)
Louie Gohmert (R-TX)
Bob Goodlatte (R-VA)
Luis Gutierrez (D-IL)
Sheila Jackson Lee (D-TX)
Daniel Lungren (R-CA)
Marty Meehan (D-MA)
Linda Sanchez (D-CA)
Maxine Waters (D-CA)
# posted by Greg Siskind @ 11:08 PM
BUSH CALLS FOR INCREASE IN H-1B NUMBERS
Hispanic Business reports on remarks given by President Bush to Dupont employees"I want you to know I understand that we need to make sure that when a smart person from overseas wants to come and work in DuPont, it's in our interests to allow him or her to do so. We've got to expand what's called H-1B visas. It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems."
# posted by Greg Siskind @ 11:01 PM
SENATE PASSES MEASURE BARRING EMPLOYERS OF ILLEGAL IMMIGRANTS FROM RECEIVING GOVERNMENT CONTRACTS
The Senate today passed S.2, the minimum wage increase bill. The bill includes a provision barring employers of illegal immigrants access to government contracts for seven years (or ten years if the employer was the recipient of government contracts at the time of hiring illegal aliens). Senator Sessions (R-AL) was successful in getting an amendment added that made an exception to this provision if an employer participates in the Basic Pilot program. The House version of this bill does not contain the Sessions Amendment and the two Houses will need to reconcile this difference before the bill goes to the President.
# posted by Greg Siskind @ 8:51 PM
Tuesday, January 30, 2007
TEXAS SENATORS INTRODUCE BILL TO EXTEND MEXICAN TOURIST STAYS
Senator John Cornyn (R-TX), the ranking Republican on the Senate Immigration Subcommittee, introduced legislation to extend the time a Mexican citizen can remain in the US on a border crossing card from one month to six months. Cornyn believes the measure would help the economy of South Texas by increasing commerce and tourism. Cornyn is joined by his fellow Texas Republican, Senator Kay Bailey Hutchison as well as Rep. Henry Cuellar (D-TX) who will introduce a similar measure in the House. The bill is titled the Secure Border Crossing Card Entry Act of 2007.
# posted by Greg Siskind @ 8:17 PM
Tuesday, January 23, 2007
BUSH: WE NEED AN IMMIGRATION SYSTEM WORTHY OF AMERICA
President Bush addressed immigration early and prominently in his State of the Union Address this evening. The President initially noted that his Administration is doubling the size of the Border Patrol and funding new infrastructure and technology initiatives.
The President also outlined other immigration related goals:
- We must take pressure off the border. We need a temporary worker program so people don't have to sneak in. Border Patrol can focus on drug smugglers and terrorists.
- We must enforce immigration laws at the work site and give employers tools to verify the status of workers so there is no excuse left for violating the law.
- We must uphold the great tradition of melting pot that welcomes and assimilates new arrivals.
- We must resolve the status of illegal immigrants already in country without animosity and without amnesty.
- Congress must engage in serious, civil and conclusive debate so the President can sign comprehensive immigration reform into law.
# posted by Greg Siskind @ 8:30 PM
Monday, January 22, 2007
BUSH TO MAKE IMMIGRATION REFORM CENTERPIECE OF STATE OF THE UNION ADDRESS
The Arizona Republic reports that comprehensive immigration reform will be listed by Bush as one of his major priority's for the year.
# posted by Greg Siskind @ 1:03 PM
Saturday, January 20, 2007
PASSPORT REQUIREMENT KICKS IN TUESDAY
Beginning January 23rd, citizens of the US, Canada, Mexico and Bermuda will need passports to enter each other's countries when traveling by airplane.
The requirement may come as a surprise to many Americans. According to DHS, at last count 17% of Americans were still traveling to these countries without a passport. Canadians seem to be better prepared as only 6% of them are still traveling by air without passports.
REPUBLICANS TAP PRO-IMMIGRATION SENATOR FOR RNC HEAD
Mel Martinez, the Republican Senator from Florida, is expected to soon take the helm of the Republican National Committee, the organization that runs the national operations of the Republican Party. Martinez, a native of Cuba, is considered one of the most pro-immigration Republicans in Congress and played a key role last year in passing the comprehensive immigration reform bill.
Many Republicans are unhappy that Martinez will be the new leader. According to Tom Tancredo, anti-immigrant candidate for President and leader of the House Immigration Reform Caucus:
"I believe he represents the already shopworn position that we need a guestworker/amnesty bill," Rep. Tom Tancredo, R-Colo., a presidential candidate and a leading advocate for restrictive immigration control, said in an interview on Thursday. "He will use whatever influence he has in that position to try to advance that cause. That's the wrong message."
# posted by Greg Siskind @ 4:21 PM
TANCREDO TO RUN ANTI-IMMIGRANT CAMPAIGN FOR PRESIDENT
Tom Tancredo, the Colorado Republican member of the House of Representatives best known for being the most anti-immigrant member of Congress, will take his cause to the campaign trail as he seeks the Republican nomination for President. Tancredo is only polling 2% according to the latest polls in Iowa, the location of the first big presidential caucus in early 2008. But Tancredo's run is largely seen as one designed to raise the profile of his single issue of interest. Many Republicans are worried that the 2006 congressional elections signal that the anti-immigration image of the party is hurting them and that Tancredo's candidacy will only increase the damage.
# posted by Greg Siskind @ 3:58 PM
FLORIDA CONGRESSMAN PROPOSES BILL TO GIVE TPS TO HAITIANS
Alcee Hastings (D-FL) has proposed legislation to grant temporary protected status to Haitians in the United States. The bill, the Haitian Protection Act of 2007, cites political turmoil in the country, rampant crime as well as the ongoing effects of recent hurricanes and tropical storms. TPS designation would be granted for 18 months and would allow Haitians in the US to remain legally during that time and to work with an employment authorization document.
# posted by Greg Siskind @ 3:50 PM
AGJOBS BILL INTRODUCED IN HOUSE
Howard Berman (D-CA), a member of the House Judiciary Committee, has introduced the House version of the AgJobs bill which would grant legal status to an estimated one to two million farm workers across the country. The bill, H.R. 371, is identical to another bill recently introduced in the Senate by Diane Feinstein (D-CA). The Senate bill was introduced as S. 237 but recently was re-introduced as S. 340 with additional original co-sponsors. They include eleven new Senators:
Barbara Boxer (D-CA)
Hilary Clinton (D-NY)
Larry Craig (R-ID)
Pete Domenici (R-MN)
Chuck Hegel (R-NE)
Ted Kennedy (D-MA)
Herb Kohl (D-WI)
Pat Leahy (D-VT)
Mel Martinez (R-FL)
John McCain (R-AZ)
Patty Murray (D-WA)
Barack Obama (D-IL)
Ken Salazar (D-CO)
Chuck Schumer (D-NY)
Arlen Specter (R-PA)
George Voinovich (R-OH)
# posted by Greg Siskind @ 3:06 PM
Sunday, January 14, 2007
KUDOS TO MY CO-AUTHOR BILL STOCK FOR GETTING USCIS TO ADMIT FUDGING THE FACTS
Just saw this posted on an immigration law professors news group:
Re the processing times, USCIS is playing dirty in an effort to make their stats look better. Anytime an application or petition is awaiting action from anyone other than USCIS -- whether it's a response to an RFE, or a security check from the FBI or another government agency -- it's not counted as being pending with USCIS.
This allows them to post processing dates that look much more current than they really are. This is also how, at a Practising Law Institute conference last fall, a USCIS official was able to tell the audience with a straight face that USCIS had managed to reduce its backlog from nearly 4 million cases to only 55,000. It was only through diplomatic but persistent questioning from co-panelist and fellow Immprof list member Bill Stock that the truth came out.
Bill is my co-author (along with Steve Yale-Loehr) on the J-1 Visa Guidebook, published by Lexis Nexis.
# posted by Greg Siskind @ 6:30 AM
Friday, January 12, 2007
SENATOR S INTRODUCES AGJOBS BILL
Though an agricultural guest worker section is likely to be included in comprehensive immigration reform legislation to be introduced in the next few weeks, Senators introduced this week the AgJobs bill to legalize agricultural workers. The bill has bipartisan sponsorship with crucial support coming from Senators Larry Craig (R-ID), Diane Feinstein (D-CA) and Mel Martinez (R-FL). The bill would grant "blue cards" to agricultural workers currently out of status who can show they have been in the US for five months over the last two years. After several years, workers will be able to obtain immigrant visas.
# posted by Greg Siskind @ 9:34 PM
HOUSE JUDICIARY COMMITTEE TAKING SHAPE
The future of immigration reform legislation will largely be based on the make up of the House and Senate Judiciary Committees as well as the immigration subcommittees in both houses. We don't know who will be on the subcommittees except that Zoe Lofgren (D-CA) will chair in the House and Ted Kennedy (D-MA) will chair in the Senate.
We did learn today who will be on on House Judiciary Committee. A welcome addition is Luis Guitierrez (D-IL), an outspoken pro-immigration advocate. Also new to the committee are Brad Sherman (D-CA), Anthony Weiner (D-NY) and freshmen Steve Cohen (D-TN), Keith Ellison (D-MN) and Hank Johnson (D-TN). Congressman Cohen, incidentally, is my Congressman here in Memphis.
The Republicans also announced their Judiciary Committee appointees. They include Ranking Republican Member Lamar S. Smith (R-TX), F. James Sensenbrenner Jr. (R-WI), Howard Coble (R-NC), Elton Gallegly (R-CA), Bob Goodlatte (R-VA), Steve Chabot (R-OH), Daniel E. Lungren (R-CA), Chris Cannon (R-UT), Ric Keller (R-FL), Darrell E. Issa (R-CA), Mike Pence (R-IN), J. Randy Forbes (R-VA), Steve King (R-IA), Tom Feeney (R-FL), Trent Franks (R-AZ), Louis Gohmert (R-TX), Jim Jordan (R-OH). A noticeable omission is Jeff Flake (R-AZ) who is likely being removed from the committee as punishement for criticizing the GOP for it's anti-immigrant positions.
# posted by Greg Siskind @ 3:30 PM
Tuesday, January 09, 2007
CONGRESSIONAL LEADERS EXPRESS OPTIMISM THAT IMMIGRATION REFORM LEGISLATION WILL PASS
If the rhetoric of Democratic leaders are any indicator, the prospects for comprehensive immigration reform legislation passing this year are looking very good. Senator Patrick Leahy (D-VT), the new Senate Judiciary Committee chair, issued a strong statement this week supporting reform as he introduced S.9, the immigration reform bill. Incidentally, the bill starts as a "placeholder" bill that simply says very little, but will be amended later and will probably be hundreds of pages long before it passes.
Steny Hoyer (D-MD), the Majority Leader in the House, helped to shed some fears that the House will not take up immigration reform. According to Reuters
House of Representatives Democratic Leader Steny Hoyer of Maryland said on ``Fox News Sunday'' that immigration was one of the topics discussed when congressional leaders were invited to the White House last week to meet with Bush.
``He (Bush) smiled and he said, 'You know, I think I'm going to have a lot easier time dealing with you on immigration than I had dealing with the House Republican leadership on immigration,''' said Hoyer.
``I think that's the case,'' said Hoyer, who did not detail the plan.
The Reuters story also quoted Senator Minority Leader Mitch McConnell (R-KY) as supporting a bipartisan immigration reform bill.
The Arizona Daily Star quoted Senate Immigration Committee Chair Edward Kennedy (D-MA)as predicting passage of the bill. The paper also quotes House Immigration Subcommittee Chair Zoe Lofgren (D-CA) as saying she is optimistic that the House will be able to reach an agreement on immigration reform.
# posted by Greg Siskind @ 7:43 AM
Sunday, January 07, 2007
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
"I want you to know I understand that we need to make sure that when a smart person from overseas wants to come and work in DuPont, it's in our interests to allow him or her to do so. We've got to expand what's called H-1B visas. It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems."
# posted by Greg Siskind @ 11:01 PM
The Senate today passed S.2, the minimum wage increase bill. The bill includes a provision barring employers of illegal immigrants access to government contracts for seven years (or ten years if the employer was the recipient of government contracts at the time of hiring illegal aliens). Senator Sessions (R-AL) was successful in getting an amendment added that made an exception to this provision if an employer participates in the Basic Pilot program. The House version of this bill does not contain the Sessions Amendment and the two Houses will need to reconcile this difference before the bill goes to the President.
# posted by Greg Siskind @ 8:51 PM
Tuesday, January 30, 2007
TEXAS SENATORS INTRODUCE BILL TO EXTEND MEXICAN TOURIST STAYS
Senator John Cornyn (R-TX), the ranking Republican on the Senate Immigration Subcommittee, introduced legislation to extend the time a Mexican citizen can remain in the US on a border crossing card from one month to six months. Cornyn believes the measure would help the economy of South Texas by increasing commerce and tourism. Cornyn is joined by his fellow Texas Republican, Senator Kay Bailey Hutchison as well as Rep. Henry Cuellar (D-TX) who will introduce a similar measure in the House. The bill is titled the Secure Border Crossing Card Entry Act of 2007.
# posted by Greg Siskind @ 8:17 PM
Tuesday, January 23, 2007
BUSH: WE NEED AN IMMIGRATION SYSTEM WORTHY OF AMERICA
President Bush addressed immigration early and prominently in his State of the Union Address this evening. The President initially noted that his Administration is doubling the size of the Border Patrol and funding new infrastructure and technology initiatives.
The President also outlined other immigration related goals:
- We must take pressure off the border. We need a temporary worker program so people don't have to sneak in. Border Patrol can focus on drug smugglers and terrorists.
- We must enforce immigration laws at the work site and give employers tools to verify the status of workers so there is no excuse left for violating the law.
- We must uphold the great tradition of melting pot that welcomes and assimilates new arrivals.
- We must resolve the status of illegal immigrants already in country without animosity and without amnesty.
- Congress must engage in serious, civil and conclusive debate so the President can sign comprehensive immigration reform into law.
# posted by Greg Siskind @ 8:30 PM
Monday, January 22, 2007
BUSH TO MAKE IMMIGRATION REFORM CENTERPIECE OF STATE OF THE UNION ADDRESS
The Arizona Republic reports that comprehensive immigration reform will be listed by Bush as one of his major priority's for the year.
# posted by Greg Siskind @ 1:03 PM
Saturday, January 20, 2007
PASSPORT REQUIREMENT KICKS IN TUESDAY
Beginning January 23rd, citizens of the US, Canada, Mexico and Bermuda will need passports to enter each other's countries when traveling by airplane.
The requirement may come as a surprise to many Americans. According to DHS, at last count 17% of Americans were still traveling to these countries without a passport. Canadians seem to be better prepared as only 6% of them are still traveling by air without passports.
REPUBLICANS TAP PRO-IMMIGRATION SENATOR FOR RNC HEAD
Mel Martinez, the Republican Senator from Florida, is expected to soon take the helm of the Republican National Committee, the organization that runs the national operations of the Republican Party. Martinez, a native of Cuba, is considered one of the most pro-immigration Republicans in Congress and played a key role last year in passing the comprehensive immigration reform bill.
Many Republicans are unhappy that Martinez will be the new leader. According to Tom Tancredo, anti-immigrant candidate for President and leader of the House Immigration Reform Caucus:
"I believe he represents the already shopworn position that we need a guestworker/amnesty bill," Rep. Tom Tancredo, R-Colo., a presidential candidate and a leading advocate for restrictive immigration control, said in an interview on Thursday. "He will use whatever influence he has in that position to try to advance that cause. That's the wrong message."
# posted by Greg Siskind @ 4:21 PM
TANCREDO TO RUN ANTI-IMMIGRANT CAMPAIGN FOR PRESIDENT
Tom Tancredo, the Colorado Republican member of the House of Representatives best known for being the most anti-immigrant member of Congress, will take his cause to the campaign trail as he seeks the Republican nomination for President. Tancredo is only polling 2% according to the latest polls in Iowa, the location of the first big presidential caucus in early 2008. But Tancredo's run is largely seen as one designed to raise the profile of his single issue of interest. Many Republicans are worried that the 2006 congressional elections signal that the anti-immigration image of the party is hurting them and that Tancredo's candidacy will only increase the damage.
# posted by Greg Siskind @ 3:58 PM
FLORIDA CONGRESSMAN PROPOSES BILL TO GIVE TPS TO HAITIANS
Alcee Hastings (D-FL) has proposed legislation to grant temporary protected status to Haitians in the United States. The bill, the Haitian Protection Act of 2007, cites political turmoil in the country, rampant crime as well as the ongoing effects of recent hurricanes and tropical storms. TPS designation would be granted for 18 months and would allow Haitians in the US to remain legally during that time and to work with an employment authorization document.
# posted by Greg Siskind @ 3:50 PM
AGJOBS BILL INTRODUCED IN HOUSE
Howard Berman (D-CA), a member of the House Judiciary Committee, has introduced the House version of the AgJobs bill which would grant legal status to an estimated one to two million farm workers across the country. The bill, H.R. 371, is identical to another bill recently introduced in the Senate by Diane Feinstein (D-CA). The Senate bill was introduced as S. 237 but recently was re-introduced as S. 340 with additional original co-sponsors. They include eleven new Senators:
Barbara Boxer (D-CA)
Hilary Clinton (D-NY)
Larry Craig (R-ID)
Pete Domenici (R-MN)
Chuck Hegel (R-NE)
Ted Kennedy (D-MA)
Herb Kohl (D-WI)
Pat Leahy (D-VT)
Mel Martinez (R-FL)
John McCain (R-AZ)
Patty Murray (D-WA)
Barack Obama (D-IL)
Ken Salazar (D-CO)
Chuck Schumer (D-NY)
Arlen Specter (R-PA)
George Voinovich (R-OH)
# posted by Greg Siskind @ 3:06 PM
Sunday, January 14, 2007
KUDOS TO MY CO-AUTHOR BILL STOCK FOR GETTING USCIS TO ADMIT FUDGING THE FACTS
Just saw this posted on an immigration law professors news group:
Re the processing times, USCIS is playing dirty in an effort to make their stats look better. Anytime an application or petition is awaiting action from anyone other than USCIS -- whether it's a response to an RFE, or a security check from the FBI or another government agency -- it's not counted as being pending with USCIS.
This allows them to post processing dates that look much more current than they really are. This is also how, at a Practising Law Institute conference last fall, a USCIS official was able to tell the audience with a straight face that USCIS had managed to reduce its backlog from nearly 4 million cases to only 55,000. It was only through diplomatic but persistent questioning from co-panelist and fellow Immprof list member Bill Stock that the truth came out.
Bill is my co-author (along with Steve Yale-Loehr) on the J-1 Visa Guidebook, published by Lexis Nexis.
# posted by Greg Siskind @ 6:30 AM
Friday, January 12, 2007
SENATOR S INTRODUCES AGJOBS BILL
Though an agricultural guest worker section is likely to be included in comprehensive immigration reform legislation to be introduced in the next few weeks, Senators introduced this week the AgJobs bill to legalize agricultural workers. The bill has bipartisan sponsorship with crucial support coming from Senators Larry Craig (R-ID), Diane Feinstein (D-CA) and Mel Martinez (R-FL). The bill would grant "blue cards" to agricultural workers currently out of status who can show they have been in the US for five months over the last two years. After several years, workers will be able to obtain immigrant visas.
# posted by Greg Siskind @ 9:34 PM
HOUSE JUDICIARY COMMITTEE TAKING SHAPE
The future of immigration reform legislation will largely be based on the make up of the House and Senate Judiciary Committees as well as the immigration subcommittees in both houses. We don't know who will be on the subcommittees except that Zoe Lofgren (D-CA) will chair in the House and Ted Kennedy (D-MA) will chair in the Senate.
We did learn today who will be on on House Judiciary Committee. A welcome addition is Luis Guitierrez (D-IL), an outspoken pro-immigration advocate. Also new to the committee are Brad Sherman (D-CA), Anthony Weiner (D-NY) and freshmen Steve Cohen (D-TN), Keith Ellison (D-MN) and Hank Johnson (D-TN). Congressman Cohen, incidentally, is my Congressman here in Memphis.
The Republicans also announced their Judiciary Committee appointees. They include Ranking Republican Member Lamar S. Smith (R-TX), F. James Sensenbrenner Jr. (R-WI), Howard Coble (R-NC), Elton Gallegly (R-CA), Bob Goodlatte (R-VA), Steve Chabot (R-OH), Daniel E. Lungren (R-CA), Chris Cannon (R-UT), Ric Keller (R-FL), Darrell E. Issa (R-CA), Mike Pence (R-IN), J. Randy Forbes (R-VA), Steve King (R-IA), Tom Feeney (R-FL), Trent Franks (R-AZ), Louis Gohmert (R-TX), Jim Jordan (R-OH). A noticeable omission is Jeff Flake (R-AZ) who is likely being removed from the committee as punishement for criticizing the GOP for it's anti-immigrant positions.
# posted by Greg Siskind @ 3:30 PM
Tuesday, January 09, 2007
CONGRESSIONAL LEADERS EXPRESS OPTIMISM THAT IMMIGRATION REFORM LEGISLATION WILL PASS
If the rhetoric of Democratic leaders are any indicator, the prospects for comprehensive immigration reform legislation passing this year are looking very good. Senator Patrick Leahy (D-VT), the new Senate Judiciary Committee chair, issued a strong statement this week supporting reform as he introduced S.9, the immigration reform bill. Incidentally, the bill starts as a "placeholder" bill that simply says very little, but will be amended later and will probably be hundreds of pages long before it passes.
Steny Hoyer (D-MD), the Majority Leader in the House, helped to shed some fears that the House will not take up immigration reform. According to Reuters
House of Representatives Democratic Leader Steny Hoyer of Maryland said on ``Fox News Sunday'' that immigration was one of the topics discussed when congressional leaders were invited to the White House last week to meet with Bush.
``He (Bush) smiled and he said, 'You know, I think I'm going to have a lot easier time dealing with you on immigration than I had dealing with the House Republican leadership on immigration,''' said Hoyer.
``I think that's the case,'' said Hoyer, who did not detail the plan.
The Reuters story also quoted Senator Minority Leader Mitch McConnell (R-KY) as supporting a bipartisan immigration reform bill.
The Arizona Daily Star quoted Senate Immigration Committee Chair Edward Kennedy (D-MA)as predicting passage of the bill. The paper also quotes House Immigration Subcommittee Chair Zoe Lofgren (D-CA) as saying she is optimistic that the House will be able to reach an agreement on immigration reform.
# posted by Greg Siskind @ 7:43 AM
Sunday, January 07, 2007
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Senator John Cornyn (R-TX), the ranking Republican on the Senate Immigration Subcommittee, introduced legislation to extend the time a Mexican citizen can remain in the
# posted by Greg Siskind @ 8:17 PM
President Bush addressed immigration early and prominently in his State of the Union Address this evening. The President initially noted that his Administration is doubling the size of the Border Patrol and funding new infrastructure and technology initiatives.
The President also outlined other immigration related goals:
- We must take pressure off the border. We need a temporary worker program so people don't have to sneak in. Border Patrol can focus on drug smugglers and terrorists.
- We must enforce immigration laws at the work site and give employers tools to verify the status of workers so there is no excuse left for violating the law.
- We must uphold the great tradition of melting pot that welcomes and assimilates new arrivals.
- We must resolve the status of illegal immigrants already in country without animosity and without amnesty.
- Congress must engage in serious, civil and conclusive debate so the President can sign comprehensive immigration reform into law.
The President also outlined other immigration related goals:
- We must take pressure off the border. We need a temporary worker program so people don't have to sneak in. Border Patrol can focus on drug smugglers and terrorists.
- We must enforce immigration laws at the work site and give employers tools to verify the status of workers so there is no excuse left for violating the law.
- We must uphold the great tradition of melting pot that welcomes and assimilates new arrivals.
- We must resolve the status of illegal immigrants already in country without animosity and without amnesty.
- Congress must engage in serious, civil and conclusive debate so the President can sign comprehensive immigration reform into law.
# posted by Greg Siskind @ 8:30 PM
Monday, January 22, 2007
BUSH TO MAKE IMMIGRATION REFORM CENTERPIECE OF STATE OF THE UNION ADDRESS
The Arizona Republic reports that comprehensive immigration reform will be listed by Bush as one of his major priority's for the year.
# posted by Greg Siskind @ 1:03 PM
Saturday, January 20, 2007
PASSPORT REQUIREMENT KICKS IN TUESDAY
Beginning January 23rd, citizens of the US, Canada, Mexico and Bermuda will need passports to enter each other's countries when traveling by airplane.
The requirement may come as a surprise to many Americans. According to DHS, at last count 17% of Americans were still traveling to these countries without a passport. Canadians seem to be better prepared as only 6% of them are still traveling by air without passports.
REPUBLICANS TAP PRO-IMMIGRATION SENATOR FOR RNC HEAD
Mel Martinez, the Republican Senator from Florida, is expected to soon take the helm of the Republican National Committee, the organization that runs the national operations of the Republican Party. Martinez, a native of Cuba, is considered one of the most pro-immigration Republicans in Congress and played a key role last year in passing the comprehensive immigration reform bill.
Many Republicans are unhappy that Martinez will be the new leader. According to Tom Tancredo, anti-immigrant candidate for President and leader of the House Immigration Reform Caucus:
"I believe he represents the already shopworn position that we need a guestworker/amnesty bill," Rep. Tom Tancredo, R-Colo., a presidential candidate and a leading advocate for restrictive immigration control, said in an interview on Thursday. "He will use whatever influence he has in that position to try to advance that cause. That's the wrong message."
# posted by Greg Siskind @ 4:21 PM
TANCREDO TO RUN ANTI-IMMIGRANT CAMPAIGN FOR PRESIDENT
Tom Tancredo, the Colorado Republican member of the House of Representatives best known for being the most anti-immigrant member of Congress, will take his cause to the campaign trail as he seeks the Republican nomination for President. Tancredo is only polling 2% according to the latest polls in Iowa, the location of the first big presidential caucus in early 2008. But Tancredo's run is largely seen as one designed to raise the profile of his single issue of interest. Many Republicans are worried that the 2006 congressional elections signal that the anti-immigration image of the party is hurting them and that Tancredo's candidacy will only increase the damage.
# posted by Greg Siskind @ 3:58 PM
FLORIDA CONGRESSMAN PROPOSES BILL TO GIVE TPS TO HAITIANS
Alcee Hastings (D-FL) has proposed legislation to grant temporary protected status to Haitians in the United States. The bill, the Haitian Protection Act of 2007, cites political turmoil in the country, rampant crime as well as the ongoing effects of recent hurricanes and tropical storms. TPS designation would be granted for 18 months and would allow Haitians in the US to remain legally during that time and to work with an employment authorization document.
# posted by Greg Siskind @ 3:50 PM
AGJOBS BILL INTRODUCED IN HOUSE
Howard Berman (D-CA), a member of the House Judiciary Committee, has introduced the House version of the AgJobs bill which would grant legal status to an estimated one to two million farm workers across the country. The bill, H.R. 371, is identical to another bill recently introduced in the Senate by Diane Feinstein (D-CA). The Senate bill was introduced as S. 237 but recently was re-introduced as S. 340 with additional original co-sponsors. They include eleven new Senators:
Barbara Boxer (D-CA)
Hilary Clinton (D-NY)
Larry Craig (R-ID)
Pete Domenici (R-MN)
Chuck Hegel (R-NE)
Ted Kennedy (D-MA)
Herb Kohl (D-WI)
Pat Leahy (D-VT)
Mel Martinez (R-FL)
John McCain (R-AZ)
Patty Murray (D-WA)
Barack Obama (D-IL)
Ken Salazar (D-CO)
Chuck Schumer (D-NY)
Arlen Specter (R-PA)
George Voinovich (R-OH)
# posted by Greg Siskind @ 3:06 PM
Sunday, January 14, 2007
KUDOS TO MY CO-AUTHOR BILL STOCK FOR GETTING USCIS TO ADMIT FUDGING THE FACTS
Just saw this posted on an immigration law professors news group:
Re the processing times, USCIS is playing dirty in an effort to make their stats look better. Anytime an application or petition is awaiting action from anyone other than USCIS -- whether it's a response to an RFE, or a security check from the FBI or another government agency -- it's not counted as being pending with USCIS.
This allows them to post processing dates that look much more current than they really are. This is also how, at a Practising Law Institute conference last fall, a USCIS official was able to tell the audience with a straight face that USCIS had managed to reduce its backlog from nearly 4 million cases to only 55,000. It was only through diplomatic but persistent questioning from co-panelist and fellow Immprof list member Bill Stock that the truth came out.
Bill is my co-author (along with Steve Yale-Loehr) on the J-1 Visa Guidebook, published by Lexis Nexis.
# posted by Greg Siskind @ 6:30 AM
Friday, January 12, 2007
SENATOR S INTRODUCES AGJOBS BILL
Though an agricultural guest worker section is likely to be included in comprehensive immigration reform legislation to be introduced in the next few weeks, Senators introduced this week the AgJobs bill to legalize agricultural workers. The bill has bipartisan sponsorship with crucial support coming from Senators Larry Craig (R-ID), Diane Feinstein (D-CA) and Mel Martinez (R-FL). The bill would grant "blue cards" to agricultural workers currently out of status who can show they have been in the US for five months over the last two years. After several years, workers will be able to obtain immigrant visas.
# posted by Greg Siskind @ 9:34 PM
HOUSE JUDICIARY COMMITTEE TAKING SHAPE
The future of immigration reform legislation will largely be based on the make up of the House and Senate Judiciary Committees as well as the immigration subcommittees in both houses. We don't know who will be on the subcommittees except that Zoe Lofgren (D-CA) will chair in the House and Ted Kennedy (D-MA) will chair in the Senate.
We did learn today who will be on on House Judiciary Committee. A welcome addition is Luis Guitierrez (D-IL), an outspoken pro-immigration advocate. Also new to the committee are Brad Sherman (D-CA), Anthony Weiner (D-NY) and freshmen Steve Cohen (D-TN), Keith Ellison (D-MN) and Hank Johnson (D-TN). Congressman Cohen, incidentally, is my Congressman here in Memphis.
The Republicans also announced their Judiciary Committee appointees. They include Ranking Republican Member Lamar S. Smith (R-TX), F. James Sensenbrenner Jr. (R-WI), Howard Coble (R-NC), Elton Gallegly (R-CA), Bob Goodlatte (R-VA), Steve Chabot (R-OH), Daniel E. Lungren (R-CA), Chris Cannon (R-UT), Ric Keller (R-FL), Darrell E. Issa (R-CA), Mike Pence (R-IN), J. Randy Forbes (R-VA), Steve King (R-IA), Tom Feeney (R-FL), Trent Franks (R-AZ), Louis Gohmert (R-TX), Jim Jordan (R-OH). A noticeable omission is Jeff Flake (R-AZ) who is likely being removed from the committee as punishement for criticizing the GOP for it's anti-immigrant positions.
# posted by Greg Siskind @ 3:30 PM
Tuesday, January 09, 2007
CONGRESSIONAL LEADERS EXPRESS OPTIMISM THAT IMMIGRATION REFORM LEGISLATION WILL PASS
If the rhetoric of Democratic leaders are any indicator, the prospects for comprehensive immigration reform legislation passing this year are looking very good. Senator Patrick Leahy (D-VT), the new Senate Judiciary Committee chair, issued a strong statement this week supporting reform as he introduced S.9, the immigration reform bill. Incidentally, the bill starts as a "placeholder" bill that simply says very little, but will be amended later and will probably be hundreds of pages long before it passes.
Steny Hoyer (D-MD), the Majority Leader in the House, helped to shed some fears that the House will not take up immigration reform. According to Reuters
House of Representatives Democratic Leader Steny Hoyer of Maryland said on ``Fox News Sunday'' that immigration was one of the topics discussed when congressional leaders were invited to the White House last week to meet with Bush.
``He (Bush) smiled and he said, 'You know, I think I'm going to have a lot easier time dealing with you on immigration than I had dealing with the House Republican leadership on immigration,''' said Hoyer.
``I think that's the case,'' said Hoyer, who did not detail the plan.
The Reuters story also quoted Senator Minority Leader Mitch McConnell (R-KY) as supporting a bipartisan immigration reform bill.
The Arizona Daily Star quoted Senate Immigration Committee Chair Edward Kennedy (D-MA)as predicting passage of the bill. The paper also quotes House Immigration Subcommittee Chair Zoe Lofgren (D-CA) as saying she is optimistic that the House will be able to reach an agreement on immigration reform.
# posted by Greg Siskind @ 7:43 AM
Sunday, January 07, 2007
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
# posted by Greg Siskind @ 1:03 PM
Beginning January 23rd, citizens of the US, Canada, Mexico and Bermuda will need passports to enter each other's countries when traveling by airplane.
The requirement may come as a surprise to many Americans. According to DHS, at last count 17% of Americans were still traveling to these countries without a passport. Canadians seem to be better prepared as only 6% of them are still traveling by air without passports.
The requirement may come as a surprise to many Americans. According to DHS, at last count 17% of Americans were still traveling to these countries without a passport. Canadians seem to be better prepared as only 6% of them are still traveling by air without passports.
REPUBLICANS TAP PRO-IMMIGRATION SENATOR FOR RNC HEAD
Mel Martinez, the Republican Senator from Florida, is expected to soon take the helm of the Republican National Committee, the organization that runs the national operations of the Republican Party. Martinez, a native of Cuba, is considered one of the most pro-immigration Republicans in Congress and played a key role last year in passing the comprehensive immigration reform bill.
Many Republicans are unhappy that Martinez will be the new leader. According to Tom Tancredo, anti-immigrant candidate for President and leader of the House Immigration Reform Caucus:
"I believe he represents the already shopworn position that we need a guestworker/amnesty bill," Rep. Tom Tancredo, R-Colo., a presidential candidate and a leading advocate for restrictive immigration control, said in an interview on Thursday. "He will use whatever influence he has in that position to try to advance that cause. That's the wrong message."
# posted by Greg Siskind @ 4:21 PM
TANCREDO TO RUN ANTI-IMMIGRANT CAMPAIGN FOR PRESIDENT
Tom Tancredo, the Colorado Republican member of the House of Representatives best known for being the most anti-immigrant member of Congress, will take his cause to the campaign trail as he seeks the Republican nomination for President. Tancredo is only polling 2% according to the latest polls in Iowa, the location of the first big presidential caucus in early 2008. But Tancredo's run is largely seen as one designed to raise the profile of his single issue of interest. Many Republicans are worried that the 2006 congressional elections signal that the anti-immigration image of the party is hurting them and that Tancredo's candidacy will only increase the damage.
# posted by Greg Siskind @ 3:58 PM
FLORIDA CONGRESSMAN PROPOSES BILL TO GIVE TPS TO HAITIANS
Alcee Hastings (D-FL) has proposed legislation to grant temporary protected status to Haitians in the United States. The bill, the Haitian Protection Act of 2007, cites political turmoil in the country, rampant crime as well as the ongoing effects of recent hurricanes and tropical storms. TPS designation would be granted for 18 months and would allow Haitians in the US to remain legally during that time and to work with an employment authorization document.
# posted by Greg Siskind @ 3:50 PM
AGJOBS BILL INTRODUCED IN HOUSE
Howard Berman (D-CA), a member of the House Judiciary Committee, has introduced the House version of the AgJobs bill which would grant legal status to an estimated one to two million farm workers across the country. The bill, H.R. 371, is identical to another bill recently introduced in the Senate by Diane Feinstein (D-CA). The Senate bill was introduced as S. 237 but recently was re-introduced as S. 340 with additional original co-sponsors. They include eleven new Senators:
Barbara Boxer (D-CA)
Hilary Clinton (D-NY)
Larry Craig (R-ID)
Pete Domenici (R-MN)
Chuck Hegel (R-NE)
Ted Kennedy (D-MA)
Herb Kohl (D-WI)
Pat Leahy (D-VT)
Mel Martinez (R-FL)
John McCain (R-AZ)
Patty Murray (D-WA)
Barack Obama (D-IL)
Ken Salazar (D-CO)
Chuck Schumer (D-NY)
Arlen Specter (R-PA)
George Voinovich (R-OH)
# posted by Greg Siskind @ 3:06 PM
Sunday, January 14, 2007
KUDOS TO MY CO-AUTHOR BILL STOCK FOR GETTING USCIS TO ADMIT FUDGING THE FACTS
Just saw this posted on an immigration law professors news group:
Re the processing times, USCIS is playing dirty in an effort to make their stats look better. Anytime an application or petition is awaiting action from anyone other than USCIS -- whether it's a response to an RFE, or a security check from the FBI or another government agency -- it's not counted as being pending with USCIS.
This allows them to post processing dates that look much more current than they really are. This is also how, at a Practising Law Institute conference last fall, a USCIS official was able to tell the audience with a straight face that USCIS had managed to reduce its backlog from nearly 4 million cases to only 55,000. It was only through diplomatic but persistent questioning from co-panelist and fellow Immprof list member Bill Stock that the truth came out.
Bill is my co-author (along with Steve Yale-Loehr) on the J-1 Visa Guidebook, published by Lexis Nexis.
# posted by Greg Siskind @ 6:30 AM
Friday, January 12, 2007
SENATOR S INTRODUCES AGJOBS BILL
Though an agricultural guest worker section is likely to be included in comprehensive immigration reform legislation to be introduced in the next few weeks, Senators introduced this week the AgJobs bill to legalize agricultural workers. The bill has bipartisan sponsorship with crucial support coming from Senators Larry Craig (R-ID), Diane Feinstein (D-CA) and Mel Martinez (R-FL). The bill would grant "blue cards" to agricultural workers currently out of status who can show they have been in the US for five months over the last two years. After several years, workers will be able to obtain immigrant visas.
# posted by Greg Siskind @ 9:34 PM
HOUSE JUDICIARY COMMITTEE TAKING SHAPE
The future of immigration reform legislation will largely be based on the make up of the House and Senate Judiciary Committees as well as the immigration subcommittees in both houses. We don't know who will be on the subcommittees except that Zoe Lofgren (D-CA) will chair in the House and Ted Kennedy (D-MA) will chair in the Senate.
We did learn today who will be on on House Judiciary Committee. A welcome addition is Luis Guitierrez (D-IL), an outspoken pro-immigration advocate. Also new to the committee are Brad Sherman (D-CA), Anthony Weiner (D-NY) and freshmen Steve Cohen (D-TN), Keith Ellison (D-MN) and Hank Johnson (D-TN). Congressman Cohen, incidentally, is my Congressman here in Memphis.
The Republicans also announced their Judiciary Committee appointees. They include Ranking Republican Member Lamar S. Smith (R-TX), F. James Sensenbrenner Jr. (R-WI), Howard Coble (R-NC), Elton Gallegly (R-CA), Bob Goodlatte (R-VA), Steve Chabot (R-OH), Daniel E. Lungren (R-CA), Chris Cannon (R-UT), Ric Keller (R-FL), Darrell E. Issa (R-CA), Mike Pence (R-IN), J. Randy Forbes (R-VA), Steve King (R-IA), Tom Feeney (R-FL), Trent Franks (R-AZ), Louis Gohmert (R-TX), Jim Jordan (R-OH). A noticeable omission is Jeff Flake (R-AZ) who is likely being removed from the committee as punishement for criticizing the GOP for it's anti-immigrant positions.
# posted by Greg Siskind @ 3:30 PM
Tuesday, January 09, 2007
CONGRESSIONAL LEADERS EXPRESS OPTIMISM THAT IMMIGRATION REFORM LEGISLATION WILL PASS
If the rhetoric of Democratic leaders are any indicator, the prospects for comprehensive immigration reform legislation passing this year are looking very good. Senator Patrick Leahy (D-VT), the new Senate Judiciary Committee chair, issued a strong statement this week supporting reform as he introduced S.9, the immigration reform bill. Incidentally, the bill starts as a "placeholder" bill that simply says very little, but will be amended later and will probably be hundreds of pages long before it passes.
Steny Hoyer (D-MD), the Majority Leader in the House, helped to shed some fears that the House will not take up immigration reform. According to Reuters
House of Representatives Democratic Leader Steny Hoyer of Maryland said on ``Fox News Sunday'' that immigration was one of the topics discussed when congressional leaders were invited to the White House last week to meet with Bush.
``He (Bush) smiled and he said, 'You know, I think I'm going to have a lot easier time dealing with you on immigration than I had dealing with the House Republican leadership on immigration,''' said Hoyer.
``I think that's the case,'' said Hoyer, who did not detail the plan.
The Reuters story also quoted Senator Minority Leader Mitch McConnell (R-KY) as supporting a bipartisan immigration reform bill.
The Arizona Daily Star quoted Senate Immigration Committee Chair Edward Kennedy (D-MA)as predicting passage of the bill. The paper also quotes House Immigration Subcommittee Chair Zoe Lofgren (D-CA) as saying she is optimistic that the House will be able to reach an agreement on immigration reform.
# posted by Greg Siskind @ 7:43 AM
Sunday, January 07, 2007
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Many Republicans are unhappy that Martinez will be the new leader. According to Tom Tancredo, anti-immigrant candidate for President and leader of the House Immigration Reform Caucus:
"I believe he represents the already shopworn position that we need a guestworker/amnesty bill," Rep. Tom Tancredo, R-Colo., a presidential candidate and a leading advocate for restrictive immigration control, said in an interview on Thursday. "He will use whatever influence he has in that position to try to advance that cause. That's the wrong message."
# posted by Greg Siskind @ 4:21 PM
Tom Tancredo, the Colorado Republican member of the House of Representatives best known for being the most anti-immigrant member of Congress, will take his cause to the campaign trail as he seeks the Republican nomination for President. Tancredo is only polling 2% according to the latest polls in Iowa, the location of the first big presidential caucus in early 2008. But Tancredo's run is largely seen as one designed to raise the profile of his single issue of interest. Many Republicans are worried that the 2006 congressional elections signal that the anti-immigration image of the party is hurting them and that Tancredo's candidacy will only increase the damage.
# posted by Greg Siskind @ 3:58 PM
FLORIDA CONGRESSMAN PROPOSES BILL TO GIVE TPS TO HAITIANS
Alcee Hastings (D-FL) has proposed legislation to grant temporary protected status to Haitians in the United States. The bill, the Haitian Protection Act of 2007, cites political turmoil in the country, rampant crime as well as the ongoing effects of recent hurricanes and tropical storms. TPS designation would be granted for 18 months and would allow Haitians in the US to remain legally during that time and to work with an employment authorization document.
# posted by Greg Siskind @ 3:50 PM
AGJOBS BILL INTRODUCED IN HOUSE
Howard Berman (D-CA), a member of the House Judiciary Committee, has introduced the House version of the AgJobs bill which would grant legal status to an estimated one to two million farm workers across the country. The bill, H.R. 371, is identical to another bill recently introduced in the Senate by Diane Feinstein (D-CA). The Senate bill was introduced as S. 237 but recently was re-introduced as S. 340 with additional original co-sponsors. They include eleven new Senators:
Barbara Boxer (D-CA)
Hilary Clinton (D-NY)
Larry Craig (R-ID)
Pete Domenici (R-MN)
Chuck Hegel (R-NE)
Ted Kennedy (D-MA)
Herb Kohl (D-WI)
Pat Leahy (D-VT)
Mel Martinez (R-FL)
John McCain (R-AZ)
Patty Murray (D-WA)
Barack Obama (D-IL)
Ken Salazar (D-CO)
Chuck Schumer (D-NY)
Arlen Specter (R-PA)
George Voinovich (R-OH)
# posted by Greg Siskind @ 3:06 PM
Sunday, January 14, 2007
KUDOS TO MY CO-AUTHOR BILL STOCK FOR GETTING USCIS TO ADMIT FUDGING THE FACTS
Just saw this posted on an immigration law professors news group:
Re the processing times, USCIS is playing dirty in an effort to make their stats look better. Anytime an application or petition is awaiting action from anyone other than USCIS -- whether it's a response to an RFE, or a security check from the FBI or another government agency -- it's not counted as being pending with USCIS.
This allows them to post processing dates that look much more current than they really are. This is also how, at a Practising Law Institute conference last fall, a USCIS official was able to tell the audience with a straight face that USCIS had managed to reduce its backlog from nearly 4 million cases to only 55,000. It was only through diplomatic but persistent questioning from co-panelist and fellow Immprof list member Bill Stock that the truth came out.
Bill is my co-author (along with Steve Yale-Loehr) on the J-1 Visa Guidebook, published by Lexis Nexis.
# posted by Greg Siskind @ 6:30 AM
Friday, January 12, 2007
SENATOR S INTRODUCES AGJOBS BILL
Though an agricultural guest worker section is likely to be included in comprehensive immigration reform legislation to be introduced in the next few weeks, Senators introduced this week the AgJobs bill to legalize agricultural workers. The bill has bipartisan sponsorship with crucial support coming from Senators Larry Craig (R-ID), Diane Feinstein (D-CA) and Mel Martinez (R-FL). The bill would grant "blue cards" to agricultural workers currently out of status who can show they have been in the US for five months over the last two years. After several years, workers will be able to obtain immigrant visas.
# posted by Greg Siskind @ 9:34 PM
HOUSE JUDICIARY COMMITTEE TAKING SHAPE
The future of immigration reform legislation will largely be based on the make up of the House and Senate Judiciary Committees as well as the immigration subcommittees in both houses. We don't know who will be on the subcommittees except that Zoe Lofgren (D-CA) will chair in the House and Ted Kennedy (D-MA) will chair in the Senate.
We did learn today who will be on on House Judiciary Committee. A welcome addition is Luis Guitierrez (D-IL), an outspoken pro-immigration advocate. Also new to the committee are Brad Sherman (D-CA), Anthony Weiner (D-NY) and freshmen Steve Cohen (D-TN), Keith Ellison (D-MN) and Hank Johnson (D-TN). Congressman Cohen, incidentally, is my Congressman here in Memphis.
The Republicans also announced their Judiciary Committee appointees. They include Ranking Republican Member Lamar S. Smith (R-TX), F. James Sensenbrenner Jr. (R-WI), Howard Coble (R-NC), Elton Gallegly (R-CA), Bob Goodlatte (R-VA), Steve Chabot (R-OH), Daniel E. Lungren (R-CA), Chris Cannon (R-UT), Ric Keller (R-FL), Darrell E. Issa (R-CA), Mike Pence (R-IN), J. Randy Forbes (R-VA), Steve King (R-IA), Tom Feeney (R-FL), Trent Franks (R-AZ), Louis Gohmert (R-TX), Jim Jordan (R-OH). A noticeable omission is Jeff Flake (R-AZ) who is likely being removed from the committee as punishement for criticizing the GOP for it's anti-immigrant positions.
# posted by Greg Siskind @ 3:30 PM
Tuesday, January 09, 2007
CONGRESSIONAL LEADERS EXPRESS OPTIMISM THAT IMMIGRATION REFORM LEGISLATION WILL PASS
If the rhetoric of Democratic leaders are any indicator, the prospects for comprehensive immigration reform legislation passing this year are looking very good. Senator Patrick Leahy (D-VT), the new Senate Judiciary Committee chair, issued a strong statement this week supporting reform as he introduced S.9, the immigration reform bill. Incidentally, the bill starts as a "placeholder" bill that simply says very little, but will be amended later and will probably be hundreds of pages long before it passes.
Steny Hoyer (D-MD), the Majority Leader in the House, helped to shed some fears that the House will not take up immigration reform. According to Reuters
House of Representatives Democratic Leader Steny Hoyer of Maryland said on ``Fox News Sunday'' that immigration was one of the topics discussed when congressional leaders were invited to the White House last week to meet with Bush.
``He (Bush) smiled and he said, 'You know, I think I'm going to have a lot easier time dealing with you on immigration than I had dealing with the House Republican leadership on immigration,''' said Hoyer.
``I think that's the case,'' said Hoyer, who did not detail the plan.
The Reuters story also quoted Senator Minority Leader Mitch McConnell (R-KY) as supporting a bipartisan immigration reform bill.
The Arizona Daily Star quoted Senate Immigration Committee Chair Edward Kennedy (D-MA)as predicting passage of the bill. The paper also quotes House Immigration Subcommittee Chair Zoe Lofgren (D-CA) as saying she is optimistic that the House will be able to reach an agreement on immigration reform.
# posted by Greg Siskind @ 7:43 AM
Sunday, January 07, 2007
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
# posted by Greg Siskind @ 3:50 PM
Howard Berman (D-CA), a member of the House Judiciary Committee, has introduced the House version of the AgJobs bill which would grant legal status to an estimated one to two million farm workers across the country. The bill, H.R. 371, is identical to another bill recently introduced in the Senate by Diane Feinstein (D-CA). The Senate bill was introduced as S. 237 but recently was re-introduced as S. 340 with additional original co-sponsors. They include eleven new Senators:
Barbara Boxer (D-CA)
Hilary Clinton (D-NY)
Larry Craig (R-ID)
Pete Domenici (R-MN)
Chuck Hegel (R-NE)
Ted Kennedy (D-MA)
Herb Kohl (D-WI)
Pat Leahy (D-VT)
Mel Martinez (R-FL)
John McCain (R-AZ)
Patty Murray (D-WA)
Barack Obama (D-IL)
Ken Salazar (D-CO)
Chuck Schumer (D-NY)
Arlen Specter (R-PA)
George Voinovich (R-OH)
Barbara Boxer (D-CA)
Hilary Clinton (D-NY)
Larry Craig (R-ID)
Pete Domenici (R-MN)
Chuck Hegel (R-NE)
Ted Kennedy (D-MA)
Herb Kohl (D-WI)
Pat Leahy (D-VT)
Mel Martinez (R-FL)
John McCain (R-AZ)
Patty Murray (D-WA)
Barack Obama (D-IL)
Ken Salazar (D-CO)
Chuck Schumer (D-NY)
Arlen Specter (R-PA)
George Voinovich (R-OH)
# posted by Greg Siskind @ 3:06 PM
Sunday, January 14, 2007
KUDOS TO MY CO-AUTHOR BILL STOCK FOR GETTING USCIS TO ADMIT FUDGING THE FACTS
Just saw this posted on an immigration law professors news group:
Re the processing times, USCIS is playing dirty in an effort to make their stats look better. Anytime an application or petition is awaiting action from anyone other than USCIS -- whether it's a response to an RFE, or a security check from the FBI or another government agency -- it's not counted as being pending with USCIS.
This allows them to post processing dates that look much more current than they really are. This is also how, at a Practising Law Institute conference last fall, a USCIS official was able to tell the audience with a straight face that USCIS had managed to reduce its backlog from nearly 4 million cases to only 55,000. It was only through diplomatic but persistent questioning from co-panelist and fellow Immprof list member Bill Stock that the truth came out.
Bill is my co-author (along with Steve Yale-Loehr) on the J-1 Visa Guidebook, published by Lexis Nexis.
# posted by Greg Siskind @ 6:30 AM
Friday, January 12, 2007
SENATOR S INTRODUCES AGJOBS BILL
Though an agricultural guest worker section is likely to be included in comprehensive immigration reform legislation to be introduced in the next few weeks, Senators introduced this week the AgJobs bill to legalize agricultural workers. The bill has bipartisan sponsorship with crucial support coming from Senators Larry Craig (R-ID), Diane Feinstein (D-CA) and Mel Martinez (R-FL). The bill would grant "blue cards" to agricultural workers currently out of status who can show they have been in the US for five months over the last two years. After several years, workers will be able to obtain immigrant visas.
# posted by Greg Siskind @ 9:34 PM
HOUSE JUDICIARY COMMITTEE TAKING SHAPE
The future of immigration reform legislation will largely be based on the make up of the House and Senate Judiciary Committees as well as the immigration subcommittees in both houses. We don't know who will be on the subcommittees except that Zoe Lofgren (D-CA) will chair in the House and Ted Kennedy (D-MA) will chair in the Senate.
We did learn today who will be on on House Judiciary Committee. A welcome addition is Luis Guitierrez (D-IL), an outspoken pro-immigration advocate. Also new to the committee are Brad Sherman (D-CA), Anthony Weiner (D-NY) and freshmen Steve Cohen (D-TN), Keith Ellison (D-MN) and Hank Johnson (D-TN). Congressman Cohen, incidentally, is my Congressman here in Memphis.
The Republicans also announced their Judiciary Committee appointees. They include Ranking Republican Member Lamar S. Smith (R-TX), F. James Sensenbrenner Jr. (R-WI), Howard Coble (R-NC), Elton Gallegly (R-CA), Bob Goodlatte (R-VA), Steve Chabot (R-OH), Daniel E. Lungren (R-CA), Chris Cannon (R-UT), Ric Keller (R-FL), Darrell E. Issa (R-CA), Mike Pence (R-IN), J. Randy Forbes (R-VA), Steve King (R-IA), Tom Feeney (R-FL), Trent Franks (R-AZ), Louis Gohmert (R-TX), Jim Jordan (R-OH). A noticeable omission is Jeff Flake (R-AZ) who is likely being removed from the committee as punishement for criticizing the GOP for it's anti-immigrant positions.
# posted by Greg Siskind @ 3:30 PM
Tuesday, January 09, 2007
CONGRESSIONAL LEADERS EXPRESS OPTIMISM THAT IMMIGRATION REFORM LEGISLATION WILL PASS
If the rhetoric of Democratic leaders are any indicator, the prospects for comprehensive immigration reform legislation passing this year are looking very good. Senator Patrick Leahy (D-VT), the new Senate Judiciary Committee chair, issued a strong statement this week supporting reform as he introduced S.9, the immigration reform bill. Incidentally, the bill starts as a "placeholder" bill that simply says very little, but will be amended later and will probably be hundreds of pages long before it passes.
Steny Hoyer (D-MD), the Majority Leader in the House, helped to shed some fears that the House will not take up immigration reform. According to Reuters
House of Representatives Democratic Leader Steny Hoyer of Maryland said on ``Fox News Sunday'' that immigration was one of the topics discussed when congressional leaders were invited to the White House last week to meet with Bush.
``He (Bush) smiled and he said, 'You know, I think I'm going to have a lot easier time dealing with you on immigration than I had dealing with the House Republican leadership on immigration,''' said Hoyer.
``I think that's the case,'' said Hoyer, who did not detail the plan.
The Reuters story also quoted Senator Minority Leader Mitch McConnell (R-KY) as supporting a bipartisan immigration reform bill.
The Arizona Daily Star quoted Senate Immigration Committee Chair Edward Kennedy (D-MA)as predicting passage of the bill. The paper also quotes House Immigration Subcommittee Chair Zoe Lofgren (D-CA) as saying she is optimistic that the House will be able to reach an agreement on immigration reform.
# posted by Greg Siskind @ 7:43 AM
Sunday, January 07, 2007
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Re the processing times, USCIS is playing dirty in an effort to make their stats look better. Anytime an application or petition is awaiting action from anyone other than USCIS -- whether it's a response to an RFE, or a security check from the FBI or another government agency -- it's not counted as being pending with USCIS.
This allows them to post processing dates that look much more current than they really are. This is also how, at a Practising Law Institute conference last fall, a USCIS official was able to tell the audience with a straight face that USCIS had managed to reduce its backlog from nearly 4 million cases to only 55,000. It was only through diplomatic but persistent questioning from co-panelist and fellow Immprof list member Bill Stock that the truth came out.
Bill is my co-author (along with Steve Yale-Loehr) on the J-1 Visa Guidebook, published by Lexis Nexis.
# posted by Greg Siskind @ 6:30 AM
Though an agricultural guest worker section is likely to be included in comprehensive immigration reform legislation to be introduced in the next few weeks, Senators introduced this week the AgJobs bill to legalize agricultural workers. The bill has bipartisan sponsorship with crucial support coming from Senators Larry Craig (R-ID), Diane Feinstein (D-CA) and Mel Martinez (R-FL). The bill would grant "blue cards" to agricultural workers currently out of status who can show they have been in the US for five months over the last two years. After several years, workers will be able to obtain immigrant visas.
# posted by Greg Siskind @ 9:34 PM
HOUSE JUDICIARY COMMITTEE TAKING SHAPE
The future of immigration reform legislation will largely be based on the make up of the House and Senate Judiciary Committees as well as the immigration subcommittees in both houses. We don't know who will be on the subcommittees except that Zoe Lofgren (D-CA) will chair in the House and Ted Kennedy (D-MA) will chair in the Senate.
We did learn today who will be on on House Judiciary Committee. A welcome addition is Luis Guitierrez (D-IL), an outspoken pro-immigration advocate. Also new to the committee are Brad Sherman (D-CA), Anthony Weiner (D-NY) and freshmen Steve Cohen (D-TN), Keith Ellison (D-MN) and Hank Johnson (D-TN). Congressman Cohen, incidentally, is my Congressman here in Memphis.
The Republicans also announced their Judiciary Committee appointees. They include Ranking Republican Member Lamar S. Smith (R-TX), F. James Sensenbrenner Jr. (R-WI), Howard Coble (R-NC), Elton Gallegly (R-CA), Bob Goodlatte (R-VA), Steve Chabot (R-OH), Daniel E. Lungren (R-CA), Chris Cannon (R-UT), Ric Keller (R-FL), Darrell E. Issa (R-CA), Mike Pence (R-IN), J. Randy Forbes (R-VA), Steve King (R-IA), Tom Feeney (R-FL), Trent Franks (R-AZ), Louis Gohmert (R-TX), Jim Jordan (R-OH). A noticeable omission is Jeff Flake (R-AZ) who is likely being removed from the committee as punishement for criticizing the GOP for it's anti-immigrant positions.
# posted by Greg Siskind @ 3:30 PM
Tuesday, January 09, 2007
CONGRESSIONAL LEADERS EXPRESS OPTIMISM THAT IMMIGRATION REFORM LEGISLATION WILL PASS
If the rhetoric of Democratic leaders are any indicator, the prospects for comprehensive immigration reform legislation passing this year are looking very good. Senator Patrick Leahy (D-VT), the new Senate Judiciary Committee chair, issued a strong statement this week supporting reform as he introduced S.9, the immigration reform bill. Incidentally, the bill starts as a "placeholder" bill that simply says very little, but will be amended later and will probably be hundreds of pages long before it passes.
Steny Hoyer (D-MD), the Majority Leader in the House, helped to shed some fears that the House will not take up immigration reform. According to Reuters
House of Representatives Democratic Leader Steny Hoyer of Maryland said on ``Fox News Sunday'' that immigration was one of the topics discussed when congressional leaders were invited to the White House last week to meet with Bush.
``He (Bush) smiled and he said, 'You know, I think I'm going to have a lot easier time dealing with you on immigration than I had dealing with the House Republican leadership on immigration,''' said Hoyer.
``I think that's the case,'' said Hoyer, who did not detail the plan.
The Reuters story also quoted Senator Minority Leader Mitch McConnell (R-KY) as supporting a bipartisan immigration reform bill.
The Arizona Daily Star quoted Senate Immigration Committee Chair Edward Kennedy (D-MA)as predicting passage of the bill. The paper also quotes House Immigration Subcommittee Chair Zoe Lofgren (D-CA) as saying she is optimistic that the House will be able to reach an agreement on immigration reform.
# posted by Greg Siskind @ 7:43 AM
Sunday, January 07, 2007
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
We did learn today who will be on on House Judiciary Committee. A welcome addition is Luis Guitierrez (D-IL), an outspoken pro-immigration advocate. Also new to the committee are Brad Sherman (D-CA), Anthony Weiner (D-NY) and freshmen Steve Cohen (D-TN), Keith Ellison (D-MN) and Hank Johnson (D-TN). Congressman Cohen, incidentally, is my Congressman here in Memphis.
The Republicans also announced their Judiciary Committee appointees. They include Ranking Republican Member Lamar S. Smith (R-TX), F. James Sensenbrenner Jr. (R-WI), Howard Coble (R-NC), Elton Gallegly (R-CA), Bob Goodlatte (R-VA), Steve Chabot (R-OH), Daniel E. Lungren (R-CA), Chris Cannon (R-UT), Ric Keller (R-FL), Darrell E. Issa (R-CA), Mike Pence (R-IN), J. Randy Forbes (R-VA), Steve King (R-IA), Tom Feeney (R-FL), Trent Franks (R-AZ), Louis Gohmert (R-TX), Jim Jordan (R-OH). A noticeable omission is Jeff Flake (R-AZ) who is likely being removed from the committee as punishement for criticizing the GOP for it's anti-immigrant positions.
# posted by Greg Siskind @ 3:30 PM
If the rhetoric of Democratic leaders are any indicator, the prospects for comprehensive immigration reform legislation passing this year are looking very good. Senator Patrick Leahy (D-VT), the new Senate Judiciary Committee chair, issued a strong statement this week supporting reform as he introduced S.9, the immigration reform bill. Incidentally, the bill starts as a "placeholder" bill that simply says very little, but will be amended later and will probably be hundreds of pages long before it passes.
Steny Hoyer (D-MD), the Majority Leader in the House, helped to shed some fears that the House will not take up immigration reform. According to Reuters
The Reuters story also quoted Senator Minority Leader Mitch McConnell (R-KY) as supporting a bipartisan immigration reform bill.
The Arizona Daily Star quoted Senate Immigration Committee Chair Edward Kennedy (D-MA)as predicting passage of the bill. The paper also quotes House Immigration Subcommittee Chair Zoe Lofgren (D-CA) as saying she is optimistic that the House will be able to reach an agreement on immigration reform.
Steny Hoyer (D-MD), the Majority Leader in the House, helped to shed some fears that the House will not take up immigration reform. According to Reuters
House of Representatives Democratic Leader Steny Hoyer of Maryland said on ``Fox News Sunday'' that immigration was one of the topics discussed when congressional leaders were invited to the White House last week to meet with Bush.
``He (Bush) smiled and he said, 'You know, I think I'm going to have a lot easier time dealing with you on immigration than I had dealing with the House Republican leadership on immigration,''' said Hoyer.
``I think that's the case,'' said Hoyer, who did not detail the plan.
The Reuters story also quoted Senator Minority Leader Mitch McConnell (R-KY) as supporting a bipartisan immigration reform bill.
The Arizona Daily Star quoted Senate Immigration Committee Chair Edward Kennedy (D-MA)as predicting passage of the bill. The paper also quotes House Immigration Subcommittee Chair Zoe Lofgren (D-CA) as saying she is optimistic that the House will be able to reach an agreement on immigration reform.
# posted by Greg Siskind @ 7:43 AM
Sunday, January 07, 2007
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Songwriting Collaboration UK to US?
The Tennessean
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Sunday, 01/07/07
U.K. ruling intrigues Nashville musicians Judge: Enduring instrumental riffs deserve royalties By PETER COOPERand RYAN UNDERWOODStaff Writers
Music Row woke from its self-imposed holiday hibernation last week, scratched its collective head and wondered, "Wait, has everything changed?"
A best-guess answer is "Probably not," but many Nashville session players are smiling over a British judge's recent ruling that granted partial songwriting credit to an organist whose memorable intro helped define Procol Harum's surreal 1967 rock hit "A Whiter Shade of Pale."
The judge's decision deemed Matthew Fisher's organ to be "a distinctive and significant contribution to the overall composition." In other words, the organ isn't an accessory, it's part of the song's DNA.
If such a notion turns some Nashville songsmiths' faces a whiter shade of … well, you get the idea … it's because the British judge's definition would certainly apply to parts played on hundreds of famed Nashville recordings.
The way that Nashville songwriters and musicians collaborate would be fundamentally altered if the ruling set a precedent.
For songwriters, the case offers a reminder to get what amounts to a kind of prenuptial agreement with any potential co-authors before working on a song together.
And for local session musicians, the case raises faint hopes of grabbing new slices of royalties on old hit songs in which they may have contributed a genius guitar riff or a defining steel guitar hook. The case also highlights the crucial contributions of the sometimes-faceless players behind the hits.
"It's building the case that singers don't necessarily rule the world," said Jerry Douglas, a member of Alison Krauss' Union Station band whose Dobro parts have added to recordings from Krauss, James Taylor and other luminaries.
Players often compose
Grady Martin's acoustic guitar work on Marty Robbins' "El Paso," or Don Helms' steel intro to Hank Williams' "Cold, Cold Heart," or Brent Mason's twanged-out leadoff to Alan Jackson's "Chattahoochee" all made hit songs more memorable. These musicians, though, did not share in songwriting proceeds.
This is the way of the professional musical world: Musicians are paid to play the session, and playing the session often means composing parts. Until "A Whiter Shade of Pale," that system hasn't been successfully challenged.
"That opens up a big can of worms," said Mason, one of Nashville's most in-demand guitarists. "There've been instances where I felt like I made a major contribution to a song. People come up and go, 'Don't you get more money if you do that?' Well, no."
Musicians were quick to e-mail one another after hearing of the decision. "Sidemen rejoice," was one subject line, with a link to a news story about the case and a brief note that read, "Nashville side players, get your lawyers ready!"
Effect in U.S. doubted
But Ramona DeSalvo, an attorney in the entertainment practice at Nashville law firm King & Ballow, said she thinks U.S. laws — and the particular circumstances of the U.K. case, which is under appeal — are too different for that ruling to have any effect here.
In the U.S., potential co-authors have only three years from the date of creation to claim a songwriting credit on a work, DeSalvo said. Further, a person must be able to demonstrate that copyrightable contribution to a work was created with the intent of co-authorship, rather than coming up with some brilliant tweak of a song in the studio.
"In this town especially, I can't see something like that happening," DeSalvo said, explaining that in country music, a professional songwriter (or more likely two, three, four or more) will typically author a new work and then shop it around for an artist and group of musicians to cut in the studio.
The more likely scenario for a case like that involving "A Whiter Shade of Pale," DeSalvo said, is when a band comes up with some new song in the wee hours of the morning after a big night on the town. "But it probably wouldn't be viable," she said.
Bart Herbison, executive director of Nashville Songwriters Association International, said his organization has fielded so many questions about the British case that its board of directors will examine the issue at a meeting Tuesday.
"My initial sense is that it's too hard to draw a comparison to that case to have any effect here," Herbison said. "But this should set the light bulb off for everybody that anytime you walk into a room to write a song with somebody else, you're essentially entering into a contract."
Guitar legend Harold Bradley, international vice president of the American Federation of Musicians and a 2006 inductee into the Country Music Hall of Fame, said that if any part of the British ruling makes it to the U.S. it could really scramble the way professional musicians do business.
Some like setup as it is
"It's always been a musician's job to come up with a hit lick. That's what we get paid for," Bradley said. "If this is something that comes across the pond, it will just turn our world, and the way we do business, upside down."
Though the session player seldombenefits on the songwriting end of that contract, he or she does get paid for the session. A songwriter might never make money from a composition, as it might never be played on the radio or even released for sale to the public. No matter what, though, a session musician under union contract receives money for playing.
That arrangement is fine by Bob Moore, who played bass on hundreds of country and pop hits.
"If I had songwriting credit on some of those, I could be a wealthy man," Moore said. "But I'm an East Nashville boy, and I think your word is the most important thing you've got in this world. If you go in and work on a record session, they hired you to come in because they like your ideas and your playing. I did put my ideas in, but I was hired to do that."
Some artists have long included band members in royalties. Charlie Daniels credited his band members as co-writers on hits such as "The Devil Went Down To Georgia" and "In America," and Douglas said Krauss is generous about such matters.
"That may be something for more bands to take a look at," Douglas said. "I don't think it's fair for one person to take all the marbles and go home at the end of the day."
# posted by Greg Siskind @ 3:28 PM
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
Immigrant Advocates Concerned with Checkpoint Locations
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
The Tennessean
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
Friday, 01/05/07
DUI checkpoint sites questionedAdvocates say immigrant areas targetedBy CHRISTIAN BOTTORFFStaff Writerand CHELSEA HADAWAY and JOHN BOANFor The Tennessean
This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.
Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.
Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.
When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.
"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.
"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"
The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.
People may be scared
In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.
"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."
Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.
In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.
Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.
"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.
"But I can defend how we use these tools to combat intoxicated drivers.
"They're not based on minorities or getting ethnic groups into the system.
"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."
Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.
"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.
She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."
Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.
"Here it appears to be a disparate impact on a particular community," he said.
"Some would make the same argument if they were at Belle Meade Boulevard and Harding.
"If you always had them there, those people would say, 'Hey, why are you picking on us?' "
Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.
"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.
"I used to tell my clients to call the police if something was wrong, but not anymore."
The number of foreign-born people booked into the Metro Jail has nearly doubled during the past five fiscal years.*Year: 2006Bookings: 42,029Foreign born: 4,173Foreign born (felony): 844Year: 2005Bookings: 40,689Foreign born: 3,571Foreign born (felony): 757Year: 2004Bookings: 37,725Foreign born: 3,077Foreign born (felony): 662Year: 2003Bookings: 34,123Foreign born: 2,553Foreign born (felony): 561Year: 2002Bookings: 31,610Foreign born: 2,165Foreign born (felony): 496*The places of birth for 5,792 bookings was not known Source: Davidson County Sheriff’s Department
# posted by Greg Siskind @ 3:25 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
287(g) Program Approved for Nashville Sheriff
Nashville City Paper
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
Fear, concern is alive after immigration plan gains approval
By Jared Allen, jallen@nashvillecitypaper.comJanuary 05, 2007
Members of Sheriff Daron Hall’s own Immigration Advisory Council reacted coolly to news that Hall’s immigration plan won such quick federal approval — many saying they remain worried that the way the program will be implemented may impede their ability to support it.“I’m incredibly concerned,” said Rick Casares, an immigrant rights activist, an advisory council member and one of the most vocal critics of the Sheriff’s plan to pair with the federal government to more effectively identify alleged criminals who are also illegal immigrants.“If we’re going to use this program as it was promised, then it should be used to weed out from the community those that are dangerous, and not necessarily just those who lack some permanent status,” Casares said Thursday.In August Hall applied for the program – known as 287(g) – as a way to fight back against dangerous criminals in Nashville who had for years been able to avoid detection as illegal immigrants.But immigration activists said they are fearful that what they were promised – an additional tool to keep dangerous persons off the street – is not what will be delivered.They are worried that what is on its way to Nashville is a program to deport thousands of illegal immigrants who pose no danger to society.Driving that fear is a yet-to-be drawn up document governing the program, that immigrant rights activists say may not distinguish between dangerous criminals and simple traffic violators when it comes to who is screened for immigration violations.In Tennessee, driving without a license results in a citation that gets a person processed in the county jail, and illegal immigrants are not permitted to obtain valid Tennessee driver’s licenses.“We can’t emphasize enough that if this program is implemented in a way where someone could be deported simply for driving without a license, then that’s not the kind of program that was pitched at the outset,” said David Lubell, president of the Tennessee Immigrant and Refugee Rights Coalition.But Hall said the Department of Homeland Security (DHS) guidelines that spell out how the program works actually give him very little leeway to decide who is screened. Any discretion, he said, comes only after screening.The advisory council has its second meeting with the Sheriff and his staff planned for Wednesday. Immigration Advisory Council member Elliott Ozment, a Nashville-based immigration attorney, said that meeting is critical to bridging the current divide.“We still need to get some clarification from the Sheriff as to what the objective or the mission of this program is going to be,” Ozment said Thursday.In an interview Wednesday, Hall said he understands exactly what the program’s purpose is.“The purpose of this is not to automatically deport people. It’s to avoid ignoring them,” Hall said.And Hall said he agrees with the group that his officers should not be detaining suspected illegal immigrants who pose no threat to the public.But that concession may still not be good enough for many area immigration rights activists who believe thousands of illegal immigrants will either be deported or required to prove their legal status just for minor infractions such as driving without a license.“The way forward has to be that they say we’re going after people with criminal records,” Lubell said “If someone comes into the jail with a criminal record, fine, those are the people we should be dealing with, not people who have no other record and are simply in for traffic violations.”Lubell suggested including in the Memorandum of Understanding (MOU) – the document written by the Sheriff’s Office and DHS that governs local implementation of the program – a written policy spelling out that traffic violators would not be targeted.“That would start the conversation,” Lubell said.
# posted by Greg Siskind @ 3:18 PM
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
# posted by Greg Siskind @ 3:12 PM
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
# posted by Greg Siskind @ 3:12 PM
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
WELCOME TO THE NASHVILLE BLOG
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
# posted by Greg Siskind @ 3:12 PM
WELCOME! I'm excited to begin a new blog for 2007. I'll be keeping you updated on the immigration news in Nashville and across the nation. So check back often to see what changes might be affecting your life. From business to family immigration, I will cover the hot issues. With the changes in Congress, 2007 should prove to be an exciting and interesting year for immigration law.
# posted by Greg Siskind @ 3:12 PM
IS IT TIME FOR A NATIONAL CERTIFICATION EXAM FOR IMMIGRATION LAWYERS?
Let me tell you a dirty little secret in the immigration bar. Some of the worst and most crooked lawyers in the US are immigration lawyers. The vast, vast majority of immigration lawyers are decent, hardworking folks and it is just a small number who soil the good name of the profession. But most of us in the field can tell stories of the lawyer who has practiced for decades and still tells every prospective client they have never lost a case. Or the lawyer who takes money and then disappears. Or the one who is just so incompetent that they just make up the law as they go along and have no idea what they're doing.
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
TOYS R US DOESN'T HATE BABIES AFTER ALL
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
And we all know why this happens. Immigrants are frequently unfamiliar with the American legal system and are not sophisticated consumers capable of effectively researching who is qualified and who is not. And the worst lawyers look at their clients and see them as simply likely to go underground or leave via deportation and not make further trouble when the case tanks.
The Washington Post reports this morning on a dubious distinction for the Capitol's immigration bar. Complaints from the public are rising and it is now the practice area receiving more complaints than any other.
While I'm discouraged that our bar's good name is being diminished, I am pleased to see that more people are willing to come forward and complain. Unless incompetent and dishonest lawyers really fear being held to account for their misdeeds, we're not likely to see any real change.
I would also suggest revisiting an idea that has been floated for the past few years - offering a national certification examination for immigration lawyers. If such an examination were available, states would be more likely to certify immigration lawyers for specialization. And consumers would have a more meaningful way to know whether their immigration lawyer actually has the requisite knowledge to practice in the area. This idea has traditionally met opposition from a number of older lawyers who like things just the way they are. Unfortunately, in many communities it is just this group of lawyers who constitute the worst lawyers in the bar.
It's time to revisit this idea.
# posted by Greg Siskind @ 12:05 PM
Talk about a public relations opportunity turning in to a public relations disaster. According to the NY Times, Toys R Us was offering a $25,000 savings bond to the first baby born in the United States on New Year's Day. Nice, right?
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
Well it turns out that the winning baby, Yuki Lin, is the daughter of an illegal immigrant. Yuki was born at midnight in New York City and is, of course, as American as any one else in this country since she was born on US soil.
But Toys R Us had a rule requiring that the parents of the winning baby must be legal residents of the US. Why have a policy that discriminates against a US citizen based on the national origin of the child's parents? Is that even legal? I'll stick to immigration law and not civil rights law, but it sure is dumb from a marketing standpoint.
Toys R Us quickly realized how ridiculous this policy is. The company awarded Yuki the prize and also awarded the child who was selected as the alternative the prize as well. According to the company
“We love all babies. We deeply regret that this sweepstakes became a point of controversy. As a result, we have decided to award all three babies in the grand prize pool a $25,000 savings bond.”
# posted by Greg Siskind @ 10:03 AM
Saturday, January 06, 2007
CITIZENSHIP IN EXCHANGE FOR RISKING YOUR LIFE FOR AMERICA?
The International Herald Tribune reports on what sounds like a fair trade to me. The military is looking at proposals that might make it possible for those immigrants - both legal and illegal - who volunteer during wartime for the military to get US citizenship. Want to bet that the anti-immigrant folks who object the most loudly will have no military record? Just a hunch.
# posted by Greg Siskind @ 6:07 PM
SENATE TAKES UP IMMIGRATION REFORM RIGHT OUT OF THE GATE
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's officeS. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
# posted by Greg Siskind @ 6:07 PM
New Senate Majority Leader Harry Reid (D-NV) announced the first ten bills that will be introduced in the Senate this year. These ten items will be the top priorities for passage in the new Senate. Reid has included immigration on the list signaling that immigration reform has a serious chance of passage. A number of observers have expressed doubt that the Democrats would take on the issue.
According to a press release from Reid's office
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
According to a press release from Reid's office
S. 9 will secure America by undertaking comprehensive immigration reform.
We passed a solid immigration bill in the Senate last year. Unfortunately, it fell victim to politics in the House of Representatives. Immigration reform is too vital to our security and our economy to fall by the wayside, so we must deal with it again in 2007.
America’s immigration system is broken. Our borders remain un-secured. Our laws remain under-enforced. And we have 11 million undocumented immigrants living in the shadows.
Our bill will take a comprehensive approach to repairing this broken system. With tough and smart reforms, it secure our borders, crack down on enforcement, and lay out a path to earned legalization for undocumented immigrants already living here.
New Senate Minority Leader Mitch McConnell (R-KY) also made a promising comment in his opening remarks on Republican legislative priorities for the new 110th Congress:
Immigration is one the most pressing issues of our day. We should be daring about immigration reform — and act on it soon. The voters demand it. We have a duty to deliver.
# posted by Greg Siskind @ 3:15 PM
BLOGGING FROM THE CONSUMER ELECTRONICS SHOW
As many readers know, I'm pretty into technology and it's hard for me to pass on the latest new gadget. I've written a bestselling book for lawyers on the Internet that's published by the American Bar Association, I regularly speak at the annual ABA Techshow in Chicago and I write the technology column for AILA's Immigration Law Today.
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Friday, January 05, 2007
IMMIGRANTS DRIVING JOB CREATION IN SILICON VALLEY
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
The big perk of all the writing I do each year on technology is my media pass to the Consumer Electronics Show in Las Vegas. The show is the Super Bowl of technology and is also the largest trade show on the planet. All of the new technology products you will see in late 2007 and in 2008 are likely to make their debuts this coming week. I'll be blogging from the show in addition to writing my annual gadgets column for AILA's Immigration Law Today.
I'll have my digital camera to show you the latest pictures and video from the show and will post on my new tech blog at http://gregstips.blogspot.com.
# posted by Greg Siskind @ 1:21 PM
Not exactly a shocker, but there's an interesting new study showing that the same whiners complaining about H-1B workers taking their jobs should actually be thanking them for creating new jobs.
From today's Washington Post:
From today's Washington Post:
About 25 percent of the technology and engineering companies launched in the past decade had at least one foreign-born founder, according to a study released yesterday that throws new information into the debate over foreign workers who arrive in the United States on specialty visas.
The report, based on telephone surveys with 2,054 companies and projections by researchers at the University of California at Berkeley and at Duke University, found that immigrants -- mostly from India and China -- helped start hundreds of companies with estimated sales of nearly $50 billion.
# posted by Greg Siskind @ 3:32 PM
ABA REPORTS ON RIPOFF OF VISALAW SITE

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
NEWSWEEK: VISA WAIVER PROGRAM TO GET NEW SECURITY UPGRADE
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009

I have not mentioned this annoying subject to readers, but the ABA learned about a complaint we filed against a Miami law firm for taking whole sections of our web site and passing it off as their own work and has covered the news in the ABA Journal. There are dozens of articles at the Disney Thompson web site that copy word for word articles I personally wrote on the subject of immigration law. The site also not just resembles our web site in terms of it's look and feel, the Miami firm actually stole the graphics from our site. If you think I'm exaggerating, there is a "smoking gun" which should remove any doubt (though a mere glance at the two sites should make it obvious what's going on). If you look closely at the graphic above on the front page of their web site, you will see a PDA with a graphic image of our firm's logo with our firm's old name - Siskind Susser - visible on the PDA screen. And the business card below the word "Bulletin" is my business card with our firm's logo and name. I had hoped that a warning to Mr. Thompson would be enough and he would take the site down. When my request was ignored, I filed a complaint with the Florida bar. They have basically told me to take Mr. Thompson to court and if I prevail, they would consider disciplining him. And that's likely what we'll do.
# posted by Greg Siskind @ 10:13 AM
Newsweek is reporting on a major potential change coming to the Visa Waiver Program. According to the weekly newsmagazine
Homeland Security officials are now accelerating efforts to tighten entry controls on people from these and other friendly countries, including Australia and Japan, NEWSWEEK has learned. The move follows revelations that European-born Muslims—particularly disgruntled young Brits—have been visiting Pakistan to attend terrorist training camps. One proposal under consideration: requiring visitors who don't now need advanced visas to submit electronic visa applications to U.S. authorities via the Internet at the time they purchase their tickets.
***
But if foreign fliers have to fill out an Internet questionnaire when they book tickets, American agencies would have more time and raw information about U.S.-bound travelers. A Homeland Security spokesman said visa application data could also be entered into U.S. government data banks, though he said it was "too early" to discuss how long the information would be stored or who'd have access to it. The spokesman, Jarrod Agen, said that Homeland Security Secretary Michael Chertoff has discussed proposed rule changes with congressional leaders but that no formal plan has been sent to Capitol Hill yet.
# posted by Greg Siskind @ 8:19 AM
XML newsfeed
archives
09/2003
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009
10/2003
11/2003
01/2004
02/2004
03/2004
04/2004
05/2004
06/2004
07/2004
08/2004
09/2004
10/2004
11/2004
12/2004
01/2005
02/2005
04/2005
05/2005
06/2005
08/2005
09/2005
10/2005
11/2005
12/2005
01/2006
02/2006
03/2006
04/2006
05/2006
06/2006
07/2006
08/2006
09/2006
10/2006
11/2006
12/2006
01/2007
02/2007
03/2007
04/2007
05/2007
06/2007
07/2007
09/2007
10/2007
11/2007
01/2008
02/2008
03/2008
06/2008
01/2009

