A Note from the Editors:

Ashcroft Says Mass Migration Is National Security Threat

In a stunning administrative decision (In re D-J-, 23 I&N Dec. 572 (AG 2003) (Apr. 17, 2003)), Attorney General Ashcroft ordered the detention without bond of Haitian asylum seekers. In his administrative decision, he alleges that national security concerns underlie his decision: "The INS submissions also outline [a] national security implication of encouraging future mass migrations by sea from Haiti. The Coast Guard declaration asserts that continued mass migrations from Haiti have 'heavily taxed Coast Guard capacity and capabilities,' while 'reducing responsiveness in other mission areas.' ... The Department of Defense, which is also involved in efforts to contain such overseas migrations, also asserts that the demands of mass migrations from Haiti 'would create a drain on scarce assets that are being used in or supporting operations elsewhere.' " This can be interpreted as a strong basis for having a channel for large-scale legal migration from Haiti, instead of wasting scarce Defense Dept resources chasing potential dish-washers and gardeners. National Security is endangered only by *illegal* mass migration, a direct result of the lack of available legal avenues. *Legal* mass migration is not a national security threat, yet the Attorney General's Decision implies that it is: "The first area of a national security concern advanced by INS is the threat of further mass migration." This is an anti-immigration agenda hiding behind the figleaf of national security.

The decision also says "the State Department declaration asserts that it has 'noticed an increase in third country nations (Pakistanis, Palestinians, etc.) using Haiti as a staging point for attempted migration to the United States. This increases the national security interest in curbing use of this migration route.'" We agree entirely that such third country stagings raise national security issues. This points out once again the need to have legal channels of mass migration, where the migrants can and should be thoroughly vetted for national security concerns. It is the lack of such legal channels that make third country stagings happen.

So, what's next? We believe that this decision sets the stage for three consequences, whether intended or otherwise. Firstly, this decision is likely a precursor to a similar decision for Mexican nationals. The argument, mutatis mutandis, will be much the same. Secondly, since the Attorney General wants to detain hundreds of gardeners in the fear that their could be one Al-Qaeda operative in their midst, in other words, detain the chaff with the wheat, our detention centers will soon be bulging with an awful lot of dish-washers and gardeners. It is a fantasy to believe that detention will change the fundamentals of why people seek to migrate hither. Thirdly, this decision will put additional pressure on Congress to open up legal channels of immigration. The very next economic upturn will see strong pressure by American employers on Congress for a reliable and legal method for employing immigrants. This decision gives solid, national security grounds for Congress to make large-scale legal immigration possible.

Articles

Race, Nationality, and Reality: INS Administration of Racial Provisions in US Immigration and Nationality Law Since 1898, Part 1 of 8
Marian L. Smith writes "The history of US immigration and nationality law demonstrates how race became a factor in determining who could come to America and who could not."

558 Qualify Under Convention Against Torture, Lowest Acceptance Rate Since Convention Against Torture Adopted
The Bucks County Courier Times reports "Last year, immigration judges rejected a record 16,744 claims by foreigners who said they would be tortured if forced to return to their home countries, according to the Executive Office of Immigration Review, part of the Department of Justice."

Update on Kooritzky-Bogardus Affair - Class Action Certified
Paul S. Allen writes "Most Immigration Daily readers will recall that Mr. Kooritzky and Bogardus were indicted four months ago for immigration fraud."

Former Nazi Guard Is Ordered Deported
The Department of Justice announced that Immigration Judge Honeyman (IJ) ordered Theodor Szehinskyj, 79, deported from the US because he had served as an armed SS guard of civilian prisoners at the Gross-Rosen, Sachsenhausen and Warsaw concentration camps from January 1943 until February 1945. The IJ's order followed a July 2000 decision by the US district court in Philadelphia to revoke the Defendant's US citizenship.

9,555 Out Of 37,295 HRIFA Applications Approved
The General Accounting Office of Congress (GAO) released a report on Haitian Refugee Immigration Fairness Act (HRIFA) which said, "Through March 31, 2003, BCIS, formerly part of the INS, had received a total of 37,295 HRIFA applications and had approved 9,555 of these applications. The EOIR had 665 applications filed and had approved 183 of them. Details on the categories of the applicants and approvals are provided in this report."

Hurricane Chart: How To Navigate Safely Through The Coming H1B Storm
Gary Endelman writes "The cap on H-1B visas will drop down to an annual rate of 65,000 in October 2003 and the issue of whether to keep the quota at its present high level is sure to be the hot topic of the fall congressional session."

Power Play? Attorney General Gives Immigration Enforcement to FBI
Maurice Belanger of the National Immigration Forum writes "Until recently, enforcement of civil immigration laws was left to trained officers of the INS."

Special Registration INS Detainee Who Lied To His Boss About His Whereabouts Has Happy Ending
The Orange County Register reports "An Iranian national who lives in Anaheim Hills, was taken into custody by the Immigration and Naturalization Service for a decade-old visa violation. The two-day detention he had expected turned into a 2 1/2-month ordeal. When his boss didn't hear from him 2 1/2 months, he hired someone else to do his job...

Deportation: Fraud Waiver Granted to Permanent Resident
Carl Shusterman writes "Yet, strict as they are, the immigration laws allow for waivers to be granted to some persons who obtained permanent residence through fraud or misrepresentation."

EOIR Suspends 4 Attorneys, Reinstates 1 Attorney In Latest Disciplinary Proceedings
The Executive Office for Immigration Review (EOIR) announced in a news release that it has taken disciplinary action against five attorneys after charging them with violations of the rules of professional conduct for immigration practitioners.

Federal Prosecutors Drop All Charges Against A Man Convicted Of Immigrant Smuggling As A Result Of Dissenting Opinion
The Los Angeles Times reports "...Thanks to a dissenting opinion by one appeals court judge that was so persuasive, federal prosecutors decided to drop all charges and set Ramirez free after serving three years."

How Do I Bring My Child, Son or Daughter to Live in the US?
Read a comprehensive answer from BCIS on how US citizens can bring their children to live permanently in the US.

ILW Highlights

Processing Times Updated

Missouri and Texas Processing Times have been updated.

Letters to Editors

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Dear Editor:
Would it be possible to let people know about this immigration training? It is mainly for nonprofits and have available some spots for profit organizations. To find out more about the May 20-24, 2003 ILRC Basic Immigration Training, see http://www.mcc.org/us/immigration.

Rebeca Jiménez Yoder
Immigration Education Director, Mennonite Central Committee
Akron, PA

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Every time I put this URL (http://www.ilw.com/life/diary/Home.shtm) in my Netscape browser (which I love) and hit Enter, the Netscape program crashes. I can bring it up in Internet Explorer (a browser I hate) but why can't I get it up in Netscape without crashing? I have run across this problem with other web pages too from time to time.

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Immigrant Life

Every immigrant in US has rights

I am a Mexican mother of two married to an Egyptian. I always had a dream to vote. I love been an American. I think it is our responsibility to learn American laws. Unfortunately, I learned it the hard way.

I had a bad experience that lead to my husband to an almost deportation situation. I am fighting to keep our family here, in the United States, as I would not like to live in Egypt. I am an outgoing go-for-it girl. I am very independent, love my freedom and like the type of life we have created for ourselves in the past seven years in this country.
Continued.

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