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Immigration Daily February 4, 2003
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Editor's Comments

Space Exploration And Immigration

No, this is not just about Kalpana Chawla, the immigrant from India who perished as a member of Space Shuttle Columbia's crew when that craft was lost during re-entry on Saturday morning. And this is not just about NASA and immigrants (A search on Google today showed over 200 documents on the NASA website connected to immigration, NASA's 212(e) waiver policy is at

The fact is that immigrants from India, China, and many other countries are found in large numbers throughout the scientific and technical community in the US. These immigrants help ensure that American science and industry continue to lead the world. Immigration is not a zero-sum game - while enriching their lives, immigrant scientists and technicians enrich our country economically. And if someone praises the immigrant contribution to American science and technology, immigration attorneys deserve to take a bow for facilitating that contribution at its very start.

Ilan Ramon, an Israeli, also perished when the Columbia was lost. In Israel today, there are many business professionals who happen to be born in Syria, Iran, Iraq or other countries on our "immigration hit list" who cannot get visas quickly and are subject to the harrassment of registration while here. Today's featured article "A Firsthand Account Of A Special Registration Experience" describes what that procedure is like.

Immigration is an important part of the American experience today. Anti-immigrationists may bemoan this, and pro-immigrationists may hail this, but all must acknowledge this fact.


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Featured Article

A Firsthand Account Of A Special Registration Experience
Gregory Siskind recounts the recent experience of a US citizen spouse and her husband at Special Registration.

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Immigration Law News

DOJ Announces Arrest Of 3 US Consulate Employees Charged With Visa Fraud
The Department of Justice announced that three separate criminal complaints were filed with the federal court in Laredo, Texas late last evening charging three employees of the United States Consulate in Nuevo Laredo, Mexico, with conspiracy to commit visa fraud.

INS Responds To California Service Center Document Shredding Incident
In a news release, the INS stated that it discovered the unauthorized destruction, by contract personnel, of documents pertaining to applications and petitions for immigration benefits. It urged those who had filed applications and petitions at the California Service Center but had not yet received a receipt for their applications to call a hotline at the Center to inquire about the status of their cases.

Previous State Convictions Cannot Be Collaterally Attacked In Federal Proceeding
In US v. Riviere, No. 02-1700 (3rd Cir. Jan. 31, 2003), the court said that with the sole exception of convictions obtained in violation of the right to counsel, a defendant in a federal sentencing proceeding had no right to collaterally attack the validity of previous state convictions that were used to enhance the federal sentence.

Almendarez-Torres Not Disturbed By Apprendi
In US v. Palmer, No. 02-1604 (3rd Cir. Jan. 31, 2003), the court said that no due process violation occurred when Defendant's prior convictions were used to increase, but not exceed a statutory maximum, without being charged in an indictment and proved to a jury beyond a reasonable doubt.

Voluntary Travel Is Not Same As Deportation Into Custody Of Authorities Pursuant To False Allegations In An INTERPOL Warrant
In Derevianko v. Reno, No. 00-4193 (3rd Cir. Jan. 31, 2003), the court said that the Board of Immigration Appeals's (BIA) reasoned without support of substantial evidence that Petitioner did not have a subjective fear or persecution as evidenced by his trips to Ukraine and said that the BIA failed to recognize the difference between the Petitoner's return to Ukraine voluntarily and being placed by INS into the custody of the Ukrainian authorities pursuant to false allegations in an INTERPOL warrant.

Tyson Foods Goes To Trial
The Repository of Canton, OH reports "Federal prosecutors contend their immigration case against Tyson Foods Inc. will send a tough message to any corporation that recruits and exploits illegal workers. But Tyson officials predict the government won’t prove any conspiracy to smuggle and hire illegal workers once a trial begins here Tuesday, not even with company records, secretly taped conversations or testimony by former managers and undercover agents."

A Worldwide Problem - Willing Workers And Willing Employers Cannot Meet
A columnist for Arab News, an English language periodical in Saudi Arabia discusses immigrant detentions by Saudi Arabia and says of immigration law violators in Saudi Arabia "They did so because they needed work and were ready to accept jobs that, for the most part, Saudis refuse."

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Letters to the Editor

Dear Editor:
Jose Latour's article "Foreign Visitors Overloading US Hospitals" points to a tough balancing act for consuls: facilitating the entry of a critically ill person seeking American medical treatment vs. protecting America's taxpayers from foreign visitors lacking adequate means to pay for their medical treatment. Under the Emergency Medical Treatment and Active Labor Act (EMTALA), US hospitals are generally required to receive and treat patients with emergency medical conditions, regardless of the patient's ability to pay or lack of insurance coverage. This treatment must also be given regardless of the patient's immigration status. One of the results: the more than $40 million which Mr. Latour mentions was spent by Florida taxpayers in 2002 on medical treatment given to uninsured foreign nationals. In recognition of this problem, the State Department has urged consuls to be "alert for medical travel which might result in unexpected high costs for US hospitals" and to be "judicious in granting nonimmigrant visas for US medical treatment" (See ALDAC 199998, One way in which Consuls might be allowed to continue to issue visas to needy foreign medical patients, while keeping the financial burden off the shoulders of the American taxpayer, is through a more vigorous utilization of the affidavit of support. While use of the contract-style Affidavit of Support, Form I-864, would probably require legislative action, the Department of State could instruct posts to routinely use the older version of the Affidavit (Form I-134) to overcome public charge issues. Accordingly, one suggestion for assisting consuls to achieve the proper balance between competing interests could be to condition issuance of visas for medical treatment upon submission of Form I-134 by a US citizen or permanent resident to cover medical expenses in the event a given foreign national is unable to do so. In our context, this sponsorship might be extended to corporate citizens, such as charities or hospitals, which may be willing to undertake the cost of treatment for the visa applicant.

Liam Schwartz
Ramat-Gan, Israel

Dear Editor:
Mr. Alexander said the following in his letter printed on Feb. 3. "As long as we ignore that aspect of our history, and continue to import large numbers of legal and illegal immigrants who do not have the skills or education necessary to succeed in modern society, we will have these exorbitant medical costs, and the rising costs of educating or training people who are not only illiterate in English, but in their own languages." It seems clear he prefers to ignore the armies of Canadian, Irish and Indian immigrants, legal and illegal, who among others, do take American jobs for the reasons he stated, language and education. That would still leave us with no one to do the jobs most Americans avoid, even if they tell Tancredo they would do the work. Without people to process food in the fields, the abattoirs or the factories food prices will do what gas prices threaten to do. We need the laborers.

Dave Anderson

Dear Editor:
I am writing about an article entitled, "A Firsthand Account Of A Special Registration Experience" which details the experience of a married couple subject to special registration. I think it would be instructive to expose to the public what kind of abuse some special registration applicants are going through and to open to debate whether in a civil nation we should allow this type of unbridled discretion and abuse by INS officers go unchecked. I am an immigrant and an immigration attorney myself and, though not so extreme, my first-hand experience of some INS' officers attitude, especially at ports of entry or during interviews, is fairly consistent with the horrific account in the letter. Are we as a nation becoming worse than those we decry? What gives us the moral right to treat fellow human beings like that? Although the Immigration Officer was right in stating that the person described in the article had overstayed his visa, was the treatment detailed in the letter warranted? Should there be an avenue to address this type of issues? And who decides? These are only some of the questions that come to mind. I think it is important to make this type of experiences, reminiscent of European Nazi and Fascist special police squads, come to the open and see what we as a society intend to do about it. If the answer is nothing, well, I will be a little less proud to be part of this great country.

Giuseppe (Joe) Scagliarini, Esq.
Newport, RI

Dear Editor:
The concern of my letter is, as always, that of the three million plus undocumented Mexican workers. One does not need a BA degree to wash dishes or bus tables in a restaurant, a MS degree to work on construction or in the fields picking apples or oranges; and ,one does not have to have a RN degree to be a domestic or to care for my elderly parent. The labor shortage in this country is not with the the skilled jobs. The skilled educated Mexicans have no need to leave their country. They find opportunity at home. The need in this country is for laborers who will do the menial, unskilled, demeaning, distasteful jobs that our countrymen refuse to do. The Mexican immigrant laborers don't complain. So long as they can find employment they will do the job and do it well and willingly. Again it's "finding a way to unite the willing worker with the willing employer".

Richard E. Baer

Dear Editor:,023.shtm is incorrect - it should be 2003.0203. Thanks for the great info and presentation.

Dave Anderson

Editor's Note: Due to a technical error, the link provided was incorrect. The correct link is:,0203.shtm.

Dear Editor: The following link did not work when I tried it twice on Feb 1. (,023.shtm#Other-items). Is it my computer or is there a problem with your site?

Pat Vacca

Editor's Note: Due to a technical error, the link provided was incorrect. The correct link is:,0203.shtm#Other-items.

Dear Editor:
In regards to the anonymous letter 1/31 remarking on Angie's letter. Yes, immigration attorneys would see financial gain from 245i....and the point? Did anyone here insist on tolerating my views? No. I do not see our country "taking care of" hard-working third world immigrants who come here working more jobs than we do and even when they come here underaged. They present no burden on this country when they are allowed nothing, but a paycheck that takes out taxes that God knows go where, but never back to them.


Dear Editor:
One can only presume that the comments made by Angie to my letter means she is either an immigration practitioner of some sort who would gain financially from a 245(i) renewal or was at one time the beneficiary of a de-facto amnesty such as 245(i).


Dear Editor:
Ali Alexander's letter takes exceedingly little account of American history. In his letter he seems to be saying that past immigrants to America were, if not well-educated, at least literate in English as well as their own language. I'm quite certain that the multitudes of Irish, Italians, and other Europeans who came to the US many years ago seeking a better life were not well-educated, if they were educated at all, and I am positive many of them did not know English. They seem to have done just fine here a few generations later. This is a chance that Mr. Alexander seems to be unwilling to give others from "Third World" countries.

Chicago, IL

Dear Editor:
Justin asked what is wrong with ethnic lobbies affecting immigration policy. My concern is twofold: first, with the people who claim to represent entire ethnic groups--and use those claims to gain political power to advance personal agendas. Do the so-called "Hispanic" lobbies really represent "Hispanics", with all their diverse interests and opinions? For example, regarding the pending appointment of an Hispanic judge to federal district court, several Hispanic organizations back him based on his legal credentials, but several others claim he is not "Hispanic enough". Just what is "Hispanic enough"? From the dissenting organizations involved, and their statements on the issues, I infer that means an "Hispanic" backs bilingual (i.e. Spanish-language) education and supports benefits for illegal aliens. These are prominent organizations, whose spokespeople are often mentioned in the media as representing "the" Hispanic position, and I'd be willing to bet that this is the image Congress gets as well. And should not "Hispanic" candidates for office, particularly national office, represent the interests of all Americans, not just their own ethnic group? Second, ethnic lobbies perpetuate hostilities better left in the immigrants' home countries, and contribute to terrorism here and abroad. Irish-Americans for years have funded terrorism in Northern Ireland, for example. Already, American Jews are showing concern at the increase in the number of Arab immigrants, particularly Muslims, to the US. While known previously as supporters of immigration and asylum, there is at least discussion as to whether this is in the interests of American Jews, and ultimately, of Israel. Meanwhile, in Canada, the large Palestinian population among students at Concordia University in Montreal got the University to cancel a speech by Israel's prime minister by threatening violence. Intimidation such as this abridges free speech and ultimately freedom itself. Given the large number of ethnic groups represented in the US, and the large number of ethnic conflicts overseas, the only surprising thing is that more of those hostilities haven't carried over. But you can bet they will if we continue to emphasize ethnic identity over American identity, and multiculturalism over assimilation.

Ali Alexander

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