A Note from the Editors:

The Department of Justice published a Final Rule last week completely altering the Board of Immigration Appeals as we know it. Among numerous other changes, the Final Rule abolishes de novo review of IJs' factual findings, assigns most matters to single BIA members rather than BIA panels, and slashes the size of the BIA from 23 to 11. Though promoted under the guise of improving efficiency, it appears that senior officials at the Department of Justice view the BIA as an obstacle to the mass-removal of immigrants from the US, and seek through this rule to make it less of an impediment to their aims. The aggressive stance of the Executive Branch of our government in immigration matters pits it head-on against the other two branches of our System of Checks and Balances. In a decision by the Sixth Circuit last week, the Judiciary ruled against the DOJ's Creppy Memo which calls for secret hearings in "special interest" deportation cases. Congress will surely take up immigration related issues when it convenes next week, and it is likely to proceed in a direction different than the one taken by the DOJ.

To understand this issue better, please read the news release distributed by AILA.

Articles

The ABCs of Immigration - Naturalization - Residency Requirements Part II
Greg Siskind and Amy Ballentine write about the residence requirements for naturalization.

H-1B Series: What Is An H-1B "Specialty Occupation"?
George N. Lester IV continues the H-1B Series with a discussion on which job is a "specialty occupation?"

Rep. Gephardt's Statement On Legalization
Rep. Gephardt (D-MO) much quoted speech offering legalization to the undocumented included the following: " ... opportunity for all. We are all immigrants, unless we're Native American. My great grandparents came from Germany. They were immigrants. They were welcomed to this country and they had opportunity and therefore I had opportunity. Today there are probably millions of immigrants in this country who have done everything we have asked them to do. They worked, they stayed out of trouble, they obeyed the law, they helped their family, and they would like an opportunity....These proposals reward hard work with fair play and help us in our fight against terrorism in this great country. Make no mistake about it......."

Losing the "Matter of State" Cloak
Jose Latour writes "The truth is simply this, folks: we can collect all the information from all the visa applications - immigrant or non- immigrant - that we want, and it is not going to help us one iota in terms of preventing a terrorist act" and "As a lifelong Republican, I find it infinitely humorous that our own party's leadership - led by the sword-waving Mr. Ashcroft - has so unceremoniously assumed the post-September- 11th position that more government intervention is better. How sad."

The Role Of Foreign-Born Workers In The U.S. Economy
Abraham T. Mosisa, an economist in the Bureau of Labor Statistics, first reviews the history of immigration, focusing on the changing national origins of the foreign born; then presents a comparison of labor force characteristics of the foreign-born population with those of the native-born population; and finally discusses the role of the foreign-born in regards to the labor force growth that occurred between 1996 and 2000.

Hope For EWIs - Fruit/Vegetable Picker EWI Joins Police Department
The Raleigh, NC News-Observer reports "Eight years ago, Hector Gutierrez lost his way in the Arizona desert after crossing the border from Mexico, but made it to a highway where he waited for the Border Patrol to take him back -- for the third time. Gutierrez was down to his last dollars. He was tired and scared and kept thinking of his father's words before he headed north: "Don't go." The next day, Gutierrez made it across. And now after years of picking fruits and vegetables, a marriage, a college education and U.S. citizenship, Gutierrez, 32, has been hired by the Raleigh Police Department. He will enter the police academy next month and plans to graduate in March as a sworn officer."

When You Come To A Fork In The Road Take It: A New Immigration Law For America
Gary Endelman writes that despite the current crisis in immigration, now is the time to take a step back, look at the larger picture, and think about a complete overhaul of our immigration system, including a re-writing of the entire Immigration Act.

The Immediate And Future Role Of The J-1 Visa Waiver Program For Physicians: The Consequences Of Change For Rural Health Care Service Delivery
Keith J. Mueller, Ph.D., Principal Author, The Special J-1 Visa Waiver Program Task Force, Rural Policy Research Institute writes "Federal agencies should continue to participate in the J-1 Visa Waiver Program. This should include consideration by the Department of Health and Human Services to expand its J-1 visa waiver activities to include recommending waivers for physicians to practice in underserved areas ... Homeland security issues involving physicians immigrating to the U.S. for residency training, and staying in the U.S. under the authority of a J-1 visa waiver, should be handled the same as for any other foreign national in the same status."

Shipping Companies Feed Stowaways To Sharks Rather Than Pay INS Fines
The Houston Chronicle reports "Ship captains sometimes throw stowaways overboard in the high sea rather than face the fines of bringing them ashore, according to testimony in court cases." The article quotes a stowaway "If the crew catches you, they throw you in the water to be eaten by the sharks" and also quotes an INS spokeswoman "When stowaways are discovered on a ship arriving at a U.S. port, the company faces a fine of $20,000 or more per stowaway. Also, the shipping company must arrange to have the stowaways sent home, either by putting them back on the same ship or by flying them home with an escort. They lose a lot of money because of stowaways."

How Do I Post Bond for an Alien in Detention?
Read comprehensive answer from INS on how to post a bond for an Alien in detention.

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Letters to Editors

To write to Editor, send email to weeklyeditor@ilw.com.

Dear Editor:

Representative Gephardt, bless his heart, has stated that he will propose that illegal immigrants that have been here for five years and worked here for two years will be able to gain legal status. My question is, what about the immigrants that have been here for two or three or four years, but were not so fortunate as to not get caught? These people, hard workers as well, with loved ones and family in the U.S, are being detained for lengthy periods of time and then sent home and banned from returning to the U.S. for ten years. How are they different than the "five-year" people, and why should so many lives be destroyed while others face virtually no consequences?

My fiance had been here approximately ten months when the INS found him. He is a very hard worker with a very big heart, who only wants to help his family and spend his life with me. Even though he had not been here for a year when he was detained, they are still counting his time in detention toward the ten-year bar of admission. Yet people who have been here illegally for a much longer period of time will be granted legal status? While I am very happy for them, I fail to see the fairness. Can we not address this ridiculously long issue of the ten-year ban? I have yet to see this topic addressed in any of the current publications.

PLEASE let's bring this to the table!

Jamie Schwantes

Dear Editor:

I was extremely disappointed to read the article by Christian Bourge. I'd expect to see such an article published in some extremist right wing web site. The article extensively quotes Mr. Pipes, who is one of the most notorious Muslim Bashing "experts".

As an immigrant I went through 2 FBI checks which included finger printing. The first one was an I applied for my green card & the 2nd one was when I applied for my citizenship. All immigrants should have criminal back ground checks done on them regardless of their religion or ethnic origin. To single out one group for "extra" scrutiny solely on the basis of religion is simply racist & un-American.

Khaldoon Abugharbieh

Dear Editor:

Please allow me one more time to respond to the "Corporate in - house immigration specialist" letter and remarks. I am so thankful for any response. Yes, we are aware of the fact that we have made mistakes too. But not only our "Turkish Gastarbeiters" treated with respect by our government, so was my Ex-son in law, when he moved with my daughter back to Germany in 1992. My daughter, who is an Austrian Citizen, was asked to turn over her permanent workpermit to her husband, so he could work. That was it. In the meantime, him, her and their american born child lived on welfare-about 2400 Deutsche Mark. Since I wrote my letter, my daughter will not re-file the application for the american citizenship. She does not want to sell her soul in order to become a US citizen. And what kind of mother want her child to live without a soul? We are willing to move back to Europe. What we need is a bit more time - legal time - to wrap up all our affairs. We are afraid we will not get that time. I thank you very much for your attention.

Gisela Boecker

Dear Editor:

This is a comment to the discussion following the “Open Letter” from Gisela Boecker.

I’m a German immigrant, have been honored with a permanent resident visa but had my share of troubles during the process. I would like to comment on some of the things said:

a) Attorney Murray: “My advice to any of your readers who are suffering at the "cruel hand" of the INS is to seek legal advice, and pay the price it take to resolve your problem..”

I really had to laugh about that: My personal experience seeking legal advice is, that the same question presented to 4 different immigration attorneys resulted in 3 different answers. The question presented to two different INS information officers also resulted in two different answers (more details at the bottom of this email, if you’re interested). Problems can not be solved by seeking (and paying) legal advice, if the laws are so unclear, that in many cases there are no answers. THAT is the real trouble with US immigration.

b) Anonymous corporate in-house immigration specialist: “The one bad assumption that the Boeckers and many others make is that being good, law-abiding, tax-paying, family-oriented people somehow qualifies you for a green card in this day and age. Do the Turkish Gastarbeiters in Germany enjoy such rights? In response to such naivete, I would have to say, "Get over it!". ”

The Boeckers didn’t assume that “being nice people” would make them eligible for a green card, they assumed that investing a lot of money in this country would reward them with the green card. Because THAT IS what the law promises to investors. It’s very understandable that they now feel cheated.

German immigration laws leave a lot to desire, and are quite unfair, but I fail to see how that is a justification for flaws in US immigration laws.

c) Gisela Boecker : “Why is the INS not telling us, don’t bother go home…”

This the real trouble and what really drove me nuts during my immigration process. I’m thinking: if the American people decide that they don’t want me here: FINE WITH ME! I go somewhere else where the weather is good and I’m welcome. It’s your country, you decide whom you want to have here. BUT: don’t tell me for years, that you’re glad to have me here and want to keep me (“IT expert”, had "hot" skills during the 90s), then, after I’ve build up a personal and professional live here, try to kick me out and treat me like a beggar.

PLEASE, PLEASE make up your mind about whom you want to have here and then make clear and understandable laws, reflecting that. Be fair to the people you invite here. Make people aware when you send them their temporary visas, that they always have to be prepared to take the next flight home, without so much as a days notice (“no grace period for laid off H1B workers”). That way they are not going to settle down and invest money and most will leave rather sooner than later. Don’t promise Green Cards, if you don’t intend to keep your promises.

Best regards,
K.

Immigrant Life

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