A Note from the Editors:

Nay On Immigration Application Fees

Gary Endelman's most recent article "Our Faustian Bargain: The Unintended Consequences of Premium Processing" points out how premium processing fees have rendered ordinary, non-premium applications nearly useless. We believe that there exists a specific belief common to both pro-immigrationists and anti-immigrationists that has brought matters to this sorry pass. That belief is viewing immigration as a gesture of generosity to immigrants, rather than as an act of enlightened self-interest of benefit to America. Only by viewing immigration as a generous gesture can the very idea of a fee for immigration benefits processing be justified. If immigration is seen as it should be, as a policy of great benefit to our country, the rationale for charging a fee disappears - and along with it disappear all the ills of Premium Processing that Mr. Endelman writes of in his article. One thing that not too many people talk about is how a good chunk of the immigration benefit application fees in fact goes into immigration enforcement - in effect giving the nation over-zealous enforcement that has not been specifically authorized by Congress (small wonder then that Congress does not take kindly to aggressive immigration enforcement). We believe that general tax revenues should be used to support both immigration benefit processing and such immigration enforcement, as in its wisdom, Congress deems fit to have. This will hold Congress's feet to the fire - for both benefits and enforcement - and our country will then finally have an immigration system that it both needs and deserves.

Articles

A Legal Guide For INS Detainees: Part 2
The Commission on Immigration Practice, Policy, and Pro Bono of the American Bar Association offers a detailed guide at how to petition for release from indefinite detention.

A Resolution For Foreign Nurses
Sherry L. Neal, Esq. writes "As we are in the midst of a severe nursing shortage, the INS is doing its part to clarify the rules for foreign nurses who want to work in the US."

Immigration Attorney Sentenced To 10 Years In Prison In Labor Fraud Scheme
The Washington Post reports that prosecutors described the case of Attorney Kooritzky, the fourth conviction to come from a year-long investigation by various federal agencies, as one of the largest instances of labor certification fraud in history.

More Miami Immigration Fraud: INS Officer Involved
Jose Latour writes "It had been a long time since I'd seen direct accusations of an INS agent for scamming, and you know how vigorously I defend my friends at the agency. But news is news, so here goes."

The Acosta Doctrine And Gender Asylum: An Immigration Reform Perspective On Matter of R-A-
Michael Hethmon presents a critical analysis of this landmark asylum case.

EOIR List Of Suspended And Expelled Practitioners
The Executive Office for Immigration Review of the Department of Justice updated its list of Suspended and Expelled Practitioners.

Labor Certification Processing Times And Strategies
Cyrus D. Mehta writes despite the current backlog, practitioners could well adopt smart strategies to help their clients remain in status.

Fear Keeps Immigrants From Attending Free Info Session On Special Registration
The Atlantic City Press reports that "The rows of chairs remained empty, and the pamphlets lay on the table, as community leaders and civil liberty advocates waited Tuesday to offer free counseling to immigrants who must register with the government as part of the USA Patriot Act."

US Foreign-Born Population Reaches Record High
The News Observer reports "A Northeastern University study released last year said immigrants accounted for more than half the growth in the labor force between 1990 and 2001, filling openings in factories, textile mills and other blue-collar industries."

San Jose Couple Charged In Defrauding Immigrants Seeking Immigration Help
The San Jose Mercury News reports "Investigators are continuing to seek victims of a scheme that they've described as "massive immigration fraud."

Several States Consider Allowing Foreign-Born Children Of Undocumented Immigrants To Pay In-State Tuition Rates
The United Press International reports "Allowing the foreign-born children of undocumented immigrants to pay in-state resident tuition rates if they attend public colleges "at home" in the US is the latest trendy thing for politicians to do."

How Do I Report A Missing Person Suspected Of Falling Victim To Dangers Along The Border?
Read a comprehensive answer from INS on what steps to take to locate a missing person suspected of crossing the Southwest Border.

ILW Highlights

New Seminar On Employment Immigration Strategies

ILW.COM is pleased to announce a new seminar covering the latest hot topics in employment immigration, including I-9 enforcement and case law, hiring discrimination, and much more. Led by Cynthia Lange, head of Fragomen, Del Rey, Bernsen & Loewy P.C.'s IRCA Compliance Practice Group. The curriculum for this seminar series is as follows:

FIRST Phone Session on March 27:

What's new in I-9 enforcements and case law?

• Recent INS sweeps; What industries are targeted and who is affected?
• Update on recent I-9 case laws
• Where is the new I-9 forms and I-9 regulations?
• Creative I-9 solutions for difficult situations

Criminal I-9 enforcement and could it affect your clients?

• What kind of criminal charges are U.S. attorneys filing?
• How to protect your client from criminal I-9 charges
• Recent criminal cases across the country

Avoiding discrimination at the time of hiring: What advice to give your clients?

• Is document abuse still alive?
• What questions may you ask in recruiting
• Discrimination considerations in terminations and reductions in force
• Balancing national security and discrimination concerns

For more info, including detailed curriculum, speaker bios, and registration information online, click here.
For more info, including detailed curriculum, speaker bios, and registration information by fax, click here.

Letters to Editors

To write to Editors, send emails to weeklyeditor@ilw.com.

Dear Editor:
I see a lot being written on H-1s, L-1s, greencards etc. on ILW.COM, but no one seems to be concerned about the F-1 students. I feel that foreign students have no legal protection once they come to US. In case of legal problems, only if the school helps, they are saved. Otherwise, they just have no hope and with no money to spend on expensive lawyers they are completely alone. I'm saying this due to my own personal experience. My application for Optional practical training was rejected just becasue some INS official could not do his arithmetic right. They added 8+2 =12 and based on that they said I exceeded 12 months of curricular practical training and they rejected my application. Now I have lost my internship due to that and also have to leave the country before graduating. Could you please have some features for F-1 students in your future articles please. That might help other students, if not me.

Veena Kulkarni

Immigrant Life

Poll This Week

Are you in favor of America's war with Iraq?

• Yes
• No
• No comment

This week's chat schedule

When	Attorney
Monday, March 17 8:00 pm Eastern Time	Arthur Zabenko, Esq.
Wednesday, March 19 8:00 pm Eastern Time	Mira Mdivani, Esq.
Friday, March 21 8:00 pm Eastern Time	To Be Announced

Classifieds

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