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Immigration Daily January 17, 2003
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Editor's Comments

The initial theory of Special Registration appears simple - lets know the who/when/where of immigrants, so we can find the bad guys among them when our intelligence tells us who the bad guys are. By the addition today of Bangladesh, Egypt, Indonesia, Jordan, and Kuwait to the ever-lengthening list of countries, Special Registration takes what we believe is one step further towards General Registration.

Criticizing Special Registration because it initially targets certain nationals and not others is criticism doomed to fail. Once British, Canadian, German, Japanese, Mexican and other nationals are also required to register alike generally (we are here dubbing this "General Registration"), the Department of Justice/Department of Homeland Security (DOJ/DHS) will point out that discrimination can no longer be alleged.

In criticizing Special Registration, we need to look at the end of its path, not its beginning. If the end result of an all-powerful all-knowing government gives us pause, as it should given the lessons of the history of Nazi Germany, we should question any path that will take us to a similar end. The real problem with Special Registration is that it portends increased governmental control over everyone, US citizens and immigrants alike. After every immigrant has been registered, why should DOJ/DHS stop there? Why not require the whole gamut of restrictions on all Americans, then? Particularly if some of the perpetrators of any future Al-Quaeda terrorist attacks happens to be a US citizen, this argument will appear compelling to those in DOJ/DHS. Special Registration does not appear to have anything fundamentally good to commend it for it paves the way for the US to become a totalitarian state.


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Featured Article

Oh Say, Can You C? Preparing For A New Era Of Legal Practice
Marc Lauritsen writes about how the adage that "C" students are often the most successful might even take on new meaning.

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Immigration Law News

Special Registration Extends To Certain Nationals and Citizens of Bangladesh, Egypt, Indonesia, Jordan, or Kuwait
The INS issued a notice extending special registration requirements to certain nationals and citizens of Bangladesh, Egypt, Indonesia, Jordan, or Kuwait who entered the US on or before September 30, 2002, and who will remain in the US after March 28, 2003.

Special Registration Period Extended
The INS issued a notice extending the Special Registration period, to permit those individuals who were required to register under those notices but did not do so, to appear before, register with, and provide requested information to the INS between January 27, 2003, and February 7, 2003.

Request For Uzbekistan Educational Grant Proposals
The Office of Global Educational Programs of the Bureau of Educational and Cultural Affairs of the Department of State announced an open competition for the Uzbekistan Educational Partnerships Program in Cultural and Comparative Religious Studies.

INS Releases IRCA Legalization Effects Report
The INS's Office of Policy and Planning released a paper presenting summary statistics on the transitions in legal status of the IRCA popultation through 2001, concluding "The findings in this paper indicate that through 2001, immigrants granted permanent residence under IRCA naturalized at just over one-half the rate of other immigrants who came to live in the US at the same time. Once differences in Mexican vs. non-Mexican origins are taken into account, the naturalization rate of IRCA LPRs is reasonably close to that of other immigrants."

Attorney Gen'l And Acting INS Commissioner To Participate In SENTRI Ceremony
The Department of Justice issued a press release stating Attorney General John Ashcroft and Acting INS Commissioner Michael Garcia will participate in a SENTRI (Secure Electronic Network for Travelers' Rapid Inspection) Enrollment Office Ribbon Cutting Ceremony in San Diego, California, followed by a press availability.

Lawful Admission Turns On Law At Time Of Entry Not Law At Time Of Naturalization
In US v. Dailide, No. 01-3820 (6th Cir. Jan. 15, 2003), the court found that the question of whether Defendant was lawfully admitted was answered, not by the law at the time of his naturalization, but by the law at the time of his entry, and found that since Defendant was never lawfully admitted, his citizenship was illegally procured, and further found that since his certificate of naturalization was illegally procured a finding of misrepresentation was unncessary for revocation of citizenship. The case involved a former "Nazi crony" whose US citizenship was revoked.

Two Sentencing Enhancements Not Valid In Illegal Transport Case
In US v. Lopez-Garcia, No. 01-50703 (9th Cir. Jan. 16, 2003), in a case involving the transport of illegal aliens, the court said that the district court applied the wrong standard in determining that USSG section 3C1.2 could be applied in addition to USSG section 2L1.1(b)(5), because the basis for both enhancements was "conduct related to fleeing from a law enforcement officer".

Castaneda's Departure Blow To Migrant Accord
A columnist in the Houston Chronicle says "Castañeda's almost obsessive pursuit of an immigration accord was part of a bigger, grander scheme: the end of a foreign policy steeped in anti-Americanism."

Reality Of The Undocumented Must Be Confronted Sooner Or Later
An editorial in the San Antonio Express News says "Sooner or later, the United States and Mexico must talk about the status of an estimated 3 million Mexicans living here illegally."

Supreme Court Argument On Detention Without Bail For Immigrants
The San Francisco Chronicle reports on a case "before the U.S. Supreme Court today against a 1998 federal law that allows the government to keep noncitizens locked up, with no chance for bail, if they have committed any of a wide variety of crimes that make them deportable. Thousands of legal immigrants are held until a deportation decision is reached, which can take months or even years."

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Letters to the Editor

Dear Editor:
I continue to applaud the ILW.COM team's efforts. Keep up the fantastic work.


Dear Editor:
In the Federal Register item about the extension of time for certain NSEERs to register, the extension is described "as an act of grace." A little high and mighty sounding of Ashcroft, don't you think?

Arthur L. Zabenko, Esq.
Lubiner & Schmidt

Dear Editor:
Senor Bush's oversimplified statement that we should assist those willing to work with those willing to employ them leaves out an essential element----American workers, not foreign ones.

Name Not Supplied

Dear Editor:
I have read many pieces in the press proclaiming that registration of visitors from "high risk" countries is a failure because "terrorists will not register, only honest people will". Mr. Prchal's 1/16/03 letter to the Editor suggests that terrorists may in fact register. However, in my opinion, it doesn't matter if they do or don't. If terrorists do in fact register, as Mr. Prchal says they did in Canada, then fine. But if people who are not terrorists register, then those who do not register can and will be scrutinized more closely as possible terrorists when the authorities come across them. Registration is thus a process of elimination. What is important is not the registration per se, but the increased scrutiny given to all visitors from countries with a higher probability of harboring terrorists.

Ali Alexander

Dear Editor:
Mr. Frecker in his 1/16/02 letter to the Editor attempts to discredit the Southern Poverty Law Center and confuse the issue, but even a brief perusal of their work shows that not one group that is purely political in ideology and that does not espouse hate in some form is included in their list. I challenge Mr. Frecker to name one group listed by the SPLC as a hate-group that is in fact merely "conservative" in their opinions. The SPLC’s list includes groups like the KKK, the Aryan Nation, and the Black Panthers, not the Republican National Comittee.

Chicago, IL

Dear Editor:
Whether one agrees with the article or not, Gary Endelman's essay, A Point System for Legalizing Undocumented Workers, was clearly written and understandable. However, when I finished reading yesterday's letters of reply, my brain was in a mental fog. Just what were they saying? I get lost in the sea of acronyms such as "212(a)(9)(c)" the "double temporary requirement of the H-2A and H-2B" and the "H-2B cap". That is why I appreciate Mr. Endelman's articles so much. Of the many, many undocumented Mexican workers I know, I have yet to encounter one who advocates female circumcision, bride buying, or slavery. Mexican culture is a model of family values. A minority in our nativist population already practices tattooing and body piercing (including such sites as the tongue, nipples, navel and both male and female sexual organs). Hopefully, these vices will never spread to our Hispanic population. Of all of the proposed solutions to the undocumented Mexican worker problem, I believe that the President's is best: "We need to find a way to unite [undocumented] willing workers with willing employers". Perhaps Gary Endelmen"s proposal with some modifications is that way.

Richard E. Baer

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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