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Immigration Daily February 19, 2003
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Editor's Comments

Deportation To - Not From - US, INS Officer Reportedly Deported

There is never a dull moment in immigration law. Deportation is commonly thought of as deportation from the US, not as deportation to the US. Think again. Deportation is also commonly thought of as something INS officers do, not as something done to an INS officer. Think again.

An INS officer stationed at Calgary Airport, Canada came up with a novel idea - instead of accepting bribes to let people into the US, he would accept bribes to keep people out of the US. How so? Who would pay to keep people out? In our interconnected economy, companies around the world do business with the US, and their employees need to travel frequently to the US on business. Refusing entry to business visitors to the US can seriously hurt companies overseas. This is something a competitor would pay for. And that is what the INS officer did. He received bribes from a company in Canada for refusing entry into the US by its competitors' employees. Two competitors were affected, and one of them went out of business as a result.

For an article on the original charge in January 2002, see For a short comment on this case by the Canadian Department of Foreign Affairs and International Trades in October 2002, see For a report on the Canadian criminal proceedings in October 2002, see The INS officer has now reportedly been deported to the US after serving a 6-month sentence in Canada, see

This incident highlights the fact that we live in an interconnected world and that companies across the globe are affected by immigration matters. Economics and immigration are intertwined.


New Seminar On Healthcare Professionals

ILW.COM is pleased to announce a new seminar series "Representing Doctors, Nurses And Other Health Professionals - New Issues For New Times." Many distinguished speakers will be announced soon. The curriculum for this seminar series is as follows:

FIRST Phone Session on February 28: Current issues in physician immigration

  1. Waiver options for international medical graduates
    • Current status of the State 30 waiver program
    • Goodbye USDA, hello HHS: federal shortage waivers
    • The elusive VA waiver
    • Dealing with changes in employment
  2. Other issues for immigration physicians
    • The NIW for underserved area: updates from the lawsuit
    • Labor certifications - for residents?
    • Restrictions on O-1 eligibility for clinicians

SECOND Phone Session on March 28: Current immigration issues for allied health care workers

  1. How do I recruit nurses?
  2. Nurses and H-1B's - Doesn't the INS allow that now?
  3. Nurses for shortage areas (or does H-1C really work?
  4. Dentists, chiropractors and others called "Doctor"
  5. Pharmacists
  6. PTs, OTs, and other therapists
  7. Medical technologists
  8. Specialty Occupation issues for allied health professionals
  9. What's this "Visa Screen" anyway?
  10. Permanent residence isues and options

THIRD Phone Session on April 28: Inside the letters: ECFMG and CGFNS

  1. Role of credentialling agencies in health care immigration
  2. Testing and timeframes
  3. Guiding applicants through the process
  4. Participation guidelines for ECFMG programs
  5. CGFNS: it's not just nurses anymore

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.

Featured Article

Special Registration: Spotlight On The Indonesian Community
Marc Hoffman, MBA, JD writes about Special Registration as it relates to the Indonesian community.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Immigration Law News

8 Organizations Placed On Terrorist Exclusion List
The Department of State has determined that several entities are a "terrorist organization" under the meaning of the INA and has placed them on the Terrorist Exclusion List.

Office of Government Ethics Issues Post-Employment Conflict of Interest Restrictions
The Office of Government Ethics (OGE) issued guidance concerning the post-employment conflict of interest restrictions. One example involved a former INS employee, working in the private sector.

Congress Debates Elimination Of Visa Lottery Program
Rep. Goodlatte ( R-VA) during comments on the floor of the House of Representatives said, "most family- or employer-sponsored immigrants currently face a wait of years to obtain visas. Yet the lottery program pushes 50,000 random immigrants with no particular family ties, job skills or education ahead of these family- and employer-sponsored immigrants each year with relatively no wait. This sends the wrong message to those who wish to enter our great country and to the international community as a whole."

Immigration Advocate Honored By Congress
Rep. Frank (D - MA) rose in the House of Representatives to honor Helena Marques, Executive Director of The Immigrant's Assistance Center, for her work and dedication to the immigration community. During his tribute Rep. Frank said, "Sadly, it has become politically popular to blame immigrants for a wide variety of problems for which they are not, in fact responsible, and people have increasingly overlooked the important cultural and economic contributions immigration continues to play in our Nation of immigrants."

Shelving 2001 Immigration Agreement Was A Mistake
During a debate on Latin America in the House of Representatives, Rep. Kaptur (D - OH) introduced a New York Times article which said, "The shelving of the 2001 immigration agreement was a mistake that has been compounded by new subsidies for American farmers, which fly in the face of the reforms required of Mexican agriculture under Nafta."

Low Level Of Individualized Risk Necessary For Ethnic Albanians In Kosovo To Qualify For Asylum
In Hoxha v. Ashcroft, No. 01-71636 (9th Cir. Feb. 18, 2003), the court said that although Petitioner's experiences were disturbing and regrettable, they did not evince actions so severe as to compel a finding of past persecution, and also said that because the record revealed that the amount of persecution directed towards ethnic Albanians in Kosovo was extensive, the level of individualized risk that Petitioner had to show in order to establish a well-founded fear of future persecution, was comparatively low.

Tamar Jacoby v. Mark Krikorian
National Review provides round III between two of the most articulate people on opposite sides of the immigration debate - Tamar Jacoby and Mark Krikorian.

Senator Promises To Review 245(i)
The Minneapolis Star-Tribune reports "At the urging of immigration attorneys on Saturday, [Senator] Coleman pledged to review a lapsed provision of a law that allowed undocumented immigrants to apply for permanent residency without having to leave the United States."

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For information on advertising in the classifieds please click here

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Letters to the Editor

Dear Editor:
A headline in the Feb. 18, 2003 issue of Immigration Daily reads "INS Repatriates 89 Illegal Aliens to Nigeria." Even though the INS, the BIA and the federal courts frequently use the term "illegal alien," I believe those of us in the field should discipline ourselves to use other terms, such as "undocumented" or "unlawfully present." It may sound corny, but truly, no human being is illegal. By using the phrase "illegal alien" we only buy into the Big Lie, that non-citizens are somehow less worthy. (And I don't think my view is knee-jerk "political correctness," e.g., using the phony term "female circumcision" versus the truth - female genital mutilation - in a mistaken effort not to "disrespect" certain cultures: as Alice Walker said best, "torture is not culture.")

Daniel M. Kowalski, Editor-in-Chief
Bender's Immigration Bulletin

Dear Editor:
Some months before, a bill was passed into Senate stating that students who had high school diplomas will be issued a green card. But I still have heard no response. Can you help me by telling me about the law?

Name Not Supplied

Editor's Note: For help with your question, try posting your question on ILW.COM's discussion board. It's free and you do not have to register to log on.

Dear Editor:
Whose letter is Mr. Alexander responding to? My letter had no mention of "illegal workers," nor of an insufficient supply of qualified labor, only the need to maintain immigrant labor. The rest of Mr. Alexander's letter focused on assertions purporting more knowledge about the economy than Alan Greenspan.

Dave Anderson

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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