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Immigration Daily April 24, 2002
Previous Issues


Editor's Comments

INS intends to hire 2,000 Border Patrol Agents for the Southwest Border before September. If applicants do not possess a Bachelor's Degree, they must "have a year of work experience demonstrating decisiveness under stress, analytical ability and good interpersonal skills." Using common sense, the INS's requirements are quite reasonable. However, if a US employer attempted to do this in a labor certification context, several problems would immediately arise, for example: (1) Unlike the 1 year that the INS requires for Border Patrol Agents, a Bachelor's degree is equivalent to 2 years of experience per Department of Labor, and 1 year of university study is equivalent to 3 years of professional experience per the INS's I-129 adjudicators (Corrected May 8, 2002). (2) An employer petitioning for an alien would not be permitted to use subjective criteria such as "decisiveness under stress, analytical ability and good interpersonal skills" as requirements for any position. This just goes to show the nature of the Labor Certification process which is completely detached from reality. When President Bush finally comes up with proposals for "earned legalization" for undocumented aliens, that will offer advocates for employment immigration a chance to get rid of the "labor certification" requirement in favor of something better like, say, a point system.


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Most lawyers really like their craft. They take pride in knowing the ins and outs of the tomes of government policy and procedure, and in using their knowledge to help their clients. However, law is not just an art, lawyers must pay bills too. Whether they like it or not, most lawyers run what amounts to a small business. To run a small business well lawyers need to know about marketing, finance, fee-setting, disaster management and many other business issues in addition to knowing the law. A well-run law practice which generates a good profit will in fact free up the time lawyers need to improve their expertise in law. Profits buy you peace-of-mind. However, just as it takes effort to become good at knowing and using the law, it also takes effort to learn how to make good profits in your law practice. Which is why ILW.COM invited Ed Poll to present a telephone seminar on the BUSINESS of law. Ed practiced law for 15 years, and has helped many lawyers (including immigration lawyers) to improve their profits. His advice has helped solo practitioners, small partnerships, and also large firms. This seminar is interactive and full of practical, hands-on tips. In becoming a successful businessperson, you not only help yourself, you also help your employees and customers. Running an efficient business and making a good profit will even free up the time you need to take up deserving cases pro bono. Please click on the links below to learn about this seminar series. Don't delay! The deadline to sign up is Wednesday, April 24th. Click on the links now! (If you have a scheduling conflict, or have any questions, please e-mail seminars@ilw.com for assistance.)

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Featured Article

Nurses And Allied Healthcare Workers - IIRIRA Section 343 - VisaScreen And Updates, Part 1 of 2
Frieda Wong and Bernard P. Wolfsdorf in the first part of their two-part article write about recent issues concerning credentialing of health care workers.


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Immigration Law News

House Judiciary Committee Report To Abolish INS
The House Judiciary Committee has sent to the floor of the House a 234 page Report to abolish the INS and replace it with an Agency for Immigration Affairs.

Other News From Congress - Senate Amendments Consolidated, Cuban Visa Revoking Protested, etc.
Senate amendments to the Enhanced Border Security and Visa Entry Reform Act of 2002 (EBSAVERA) are now available in consolidated format. Sen. Dorgan (D-ND) protested the State Department's revoking of visas previously granted to a group of Cuban officials. At the request of Sen. Allen (R-VA), Sen. Clinton (D-NY) was added as a cosponsor of S. Res. 185, a resolution recognizing the historical significance of the 100th anniversary of Korean immigration to the United States.

Border Patrol Is Hiring
INS plans to hire more than 2,000 new Border Patrol Agents nationwide by September 30, the end of FY 2002.

INS Seeks Comments
INS is seeking comments on guarantee of payment, form I-510; petition by entrepreneur to remove conditions, form I-829; notice of naturalization oath ceremony, form N-445; and change of address card, form I-697. INS has extended the comment period on alien address report card, form I-104 and ABC change of address form and special filing instructions for ABC class members; forms I-855 and M-426.


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Other Items

Congressman King Says Arab Immigration Should Be Halted
According to a report on Newsmax.com, Rep. Peter King (R-NY) said: "Perhaps it's time to consider actually stopping immigration from countries which harbor terrorists and countries which do not fully comply with us on terrorism. That would include most of the Arab states, quite frankly."


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Letters to the Editor

Dear Editor:

I have to respond to Richard Baer's absurd attempt in your April 23 issue at creating moral equivalency between suicide bombers in the Middle East and INS agents detaining Mexican illegal aliens in Colorado. The two are so far apart that they cannot be grouped together on the same plane of culpability. Palestinian suicide bombing, I have to remind Mr. Baer, is "homicide bombing", yes, murder, as the White House has recently reminded us. Are INS agents murdering Mexican families as in many Third World countries?

Finger printing, strip-searching and incarceration are necessary and legitimate law-enforcement tasks for the INS agents to perform. Did they beat the detainees? Did they torture them? Did they otherwise violate their due process rights? I don't think so. There will always be the occasional violations by some overzealous agent, but that's what civil rights attorneys are for. Where was Mr. Baer when the LAPD hauled Richard Blake off to prison from his comfortable ranch house with maybe half an hour notice? Or was it simply our police enforcing criminal laws and doing whatever was necessary to protect public safety?

To me, Mr. Baer's view is similar to that of the blame-America first crowd who undermine our campaign against terrorism by alleging that we commit "atrocities" against the terrorists. If Mr. Baer wants to talk about real atrocities, why is he not protesting the situation in Sudan where millions of Christians are being enslaved, tortured, and slaughtered by the Islamic government? Maybe because the mainstream media isn't covering it.

Liem Doan, Esq.

Dear Editor:

Dr. Baer comments on the crackdowns on illegal immigrants in Colorado and elsewhere. The simple fact is that the people who have been arrested are breaking the law. They knew it when they came and they knew it when they stayed. They played the odds, betting that the INS would continue to ignore the law, and lost. They are here illegally, working illegally, and in the case cited, committing fraud. Using a false social security number is a minor offense? Wait until someone steals your identity, as was recently done to me, and find out how difficult it can be to get your life, and credit record, back. Not to mention the expense to us all in higher costs for goods and services. As for the couple's employers thinking well enough of them to post bond--too bad he or she didn't think enough of them to sponsor them under 245i last year, or better yet, from the start.

Ms. Flowers was concerned that Mr. Frecker was making up poll results. As a statistician, I am well aware of the dangers in polling and in presentation of data. Ms. Flowers may like to go to http://www.fairus.org/html/04120604.htm for a summary of reputable (such as Gallup, Harris, Roper, Zogby) polls on immigration. Although this site is sponsored by FAIR, the sources are given, and most importantly, so are the questions asked. She can determine for herself if the wording is biased and the presentation of results skewed. One critical question that should be asked of respondents, and doesn't appear to have been, is do they know (correctly) how high immigration levels actually are? My guess is, they don't. Which may actually mean the results understate opposition to current levels. Immigration is one of those issues people are not likely to have had an informed opinion on unless they had a personal reason to care (at least until Sept. 11). Of course, for a better reflection of what people are actually concerned about, we may want to look to our Congressmen--they respond to public opinion personally expressed to them, or they don't stay in office long. And Congress seems to have decided, for now at least, that amnesties and unfettered immigration are NOT what the public wants.

Ali Alexander


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. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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