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A Note from the Editors:
The case of John Demjanjuk, accused of being "Ivan the Terrible" of the Nazi's Treblinka death camp, has made the headlines again. According to the press release from the Department of Justice:
Demjanjuk was first tried on allegations of Nazi persecution in 1981. A federal court found that Demjanjuk was "Ivan the Terrible," a gas chamber operator at the Treblinka extermination camp. He was extradited to Israel in 1986, convicted of crimes against humanity by an Israeli trial court, and sentenced to death. However, after the Israeli Supreme Court found that reasonable doubt existed as to whether Demjanjuk was Ivan the Terrible, he was released and returned to the United States. In 1998, Chief Judge Matia vacated the original denaturalization order, finding that the government recklessly failed to produce potentially exculpatory evidence to Demjanjuk in the original proceedings, but he authorized the government to reinstitute denaturalization proceedings if it had evidence supporting other charges against Demjanjuk.
The government filed new charges in 1999, relying in large part on evidence that had come to light following Demjanjuk's conviction in Israel, when the collapse of the Soviet Union led to the release of Nazi records that had been captured by the Soviet army. In a lengthy Findings of Fact Judge Matia found that federal prosecutors proved that Demjanjuk had served the Nazi regime during World War II as a "willing" guard at Nazi camps "for more than two years." The Judge issued a judgment vacating Demjanjuk's 1958 grant of US citizenship and ordering him to surrender his naturalization certificate and passport within 10 days. Judge Matia also issued a separate Supplemental Opinion explaining that this case is one of documentary evidence, not eyewitness testimony, and the court's inability to put any credence in the Defendant's contentions that the documents did not refer to him. Attorney General Ashcroft praised the decision, stating, "Today's decision shows that the efforts of the United States in finding and prosecuting those who perpetrate heinous acts of violence against innocent civilians will be unrelenting, whether it takes days or decades."
Rep. Schakowsky commended to her colleagues in Congress a study titled "Chicago's Undocumented Immigrants: An Analysis of Wages, Working Conditions, and Economic Contributions," from the Center for Urban Economic Development at the University of Illinois at Chicago. The study found that Undocumented immigrants seek work at extremely high rates (91%), and most do not experience unemployment at rates that are significantly different than the Chicago metro area average. Most undocumented immigrants are employed in low-wage service and laborer occupations. Undocumented immigrants report working in unsafe conditions at considerably higher rates relative to immigrants with legal status. And that the vast majority of undocumented immigrants reported that they, and adults in their household, do not receive benefits under government safety-net programs, despite their low earnings. Many people have an intuitive sense that most undocumented immigrants work hard in conditions inferior to those of most documented workers. This study supplies some real numbers rather than speculation.
The employment, family and diversity lottery visa priority dates have been updated.
The Vermont Service Center and California Service Center as well as Department of Labor processing times have also been updated.
Reminder: The increased INS filing fees take effect February 19, 2002.
Articles
The "Mismatch Letter" Is in the Mail: The Social Security Administration Ramps Up Its Warnings to Employers (Part I)
In the first of a two-part series J. Ira Burkemper of Paparelli and Partners, LLP writes about the Social Security Administration's procedures when the information from employers does not match the agency's records.
Not All H-1Bs Are Created Equal
Gary Endelman offers some bold proposals to reform the H visa program so that it serves the US economy.
Prevailing Wage Decision Receives Praise, Criticism
The Las Vegas Review Journal reports that Nevada State Labor Commissioner Terry Johnson decided that laborers should be paid the prevailing wage for their work regardless of their residency status.
EOIR Needs Reforms to Make it Fast AND Accurate
Jonathan D. Montag instead of measuring Immigration Judges and BIA members on speed alone, reforms at the EOIR should include tests of their accuracy.
Memo Angers INS Agents
According to the Los Angeles Times immigration authorities at Los Angeles International Airport are so pressured to carry out inspections of arriving international passengers that a top official has instructed agents "not to respond" to concerns from airlines about illegal immigrants elsewhere in the airport.
The ABCs of Immigration - Refugee Processing
Greg Siskind and Amy Ballentine write about the process refugees follow to enter the US.
Farm Labor Union Demands Support for Legalizing Workers
According to the San Diego Union Tribune, Arturo Rodriguez, president of the nation's largest farm labor union, issued a warning to growers yesterday demanding that they support legalization of undocumented workers.
U.S. Ends Argentines' Ability to Avoid Visas
Los Angeles Times reports that U.S. authorities have banned Argentines from coming to the United States without a visa in light of its recent economic collapse.
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Letters to Editor
To write to Editors, send emails to weeklyeditor@ilw.com.
Dear Editor:
Almost a month ago, on January 23rd, in your Editor's Comments you wrote regarding letters to you: "Though writing from different viewpoints the authors seem to be able to agree that people who are working in the US illegally doing jobs most Americans do not want to do and supporting their families instead of looking for help from the government are not necessarily bad people. Yet they are in violation of the law. Current estimates of the number of people in the US illegally and whom the INS is unwilling or unable to find and remove range about 9 million. When that many people, who are not bad people, are in violation of the law, which was not meant to be a bad law, a new solution is needed."
There is no disagreement between this consensus and the Chicago Study reported in your comments of yesterday (February 21, 2002). I am pleased that Rep. Schakowsky commented on the Chicago Study in Congress (Immigration News, same date). It would seem that now is the time to search for a solution to the immigration problem but many of the letters you receive continue to be filled with speculations or to be concerned with a debate on how to label the people who are in our country illegally. These letters revolve mainly around semantics, interpretations and "legalese."
In the history of our language over the years many words have developed different connotations. For example, a child born out of wedlock is a bastard. Bastard is still a good English word. Most of us, however cringe at using this word and regard it as a vulgarism. Few if any of us would label the child of an unwed mother as a bastard. Most would refrain from even labeling such offspring an illegitimate child or a natural baby. We would just call it a baby.
The same can be said for the word, criminal. Yes, in the strictest interpretation, one who violates a criminal law is a criminal. When I hear the word, criminal, I envision someone who has committed murder or has robbed a bank or has done something else of a grave nature. Undocumented immigrants are not criminals in the sense that I picture the word. To me they are not aliens either. "Aliens" to my mind makes me think of a little green creature from outer space. When a non-visiting foreigner crosses our borders, he/she has immigrated (i.e. is an immigrant). If he/she does so without legal papers, he/she is undocumented. So, to me, he/she is an undocumented immigrant. That is the term I use. The Chicago Study employs the same terminology. They are not called criminals in that study. Others may designate such people who are working in our country without papers as they wish. I find it much kinder and considerate to refer to them as undocumented immigrants and I write from personal associations with them.
The important thing is not how we label these people but to find a new solution for the problem that exists of so many people ("who are not bad people") being here in violation of a law ("which was not meant to be a bad law"). The present law is a law that does not work.
Richard E. Baer, D.V.M.
Immigrant Life
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An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. © Copyright 2001 American Immigration LLC, ILW.COM. Correspondence to weeklyeditor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.
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