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Immigration Daily February 27, 2003
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Editor's Comments

Important News From The Census Bureau

Today, we have some good news from the Census Bureau for those who are anti-immigration. We are unabashedly pro-immigration, and while what we report today is bad news, news is news, and we will report it. Incidentally, this news has escaped the major media, at least so far.

Contrary to the beliefs of many in the pro-immigration and the anti-immigration camps, one of the most important reasons for immigration is demographics (a fundamental factor in economics). The key demographic number which matters in determining the flow and extent of immigration in the long run is a statistic called "fertility rate." The Census Bureau defines the term as follows: "The total fertility rate is the number of births that 1,000 women would have in their lifetime if, at each year of age, they experienced the birth rates occurring in the specified year. A total fertility rate of 2,110 represents "replacement level" fertility for the total population under current mortality conditions (assuming no net immigration)." The reason that the replacement level is 2.11 instead of 2.0 (for 1 man + 1 woman) is that some people die before reproducing, and the additional 0.11 represents the children necessary to keep the population constant - that's why its called the replacement level. If the fertility rate drops below 2.11, the population will decline over time, leading inevitably to a a decline in the economy, as has been happening in Europe and Japan over the last decade. From 1973 to 1988, the US experienced a fertility rate of between 1.7 to 1.9, implying that without large-scale and massive immigration in those years, our economy would today resemble the sputtering economies in Europe and Japan, leaving all Americans with considerably less money than they have today. Thanks in no small part to recent immigrants, the fertility rate has been on an upswing for about a decade now. The latest report from the Census Bureau (the Statistical Abstract of the United States, 2002 - table No. 71) shows that we have now achieved a replacement fertility level for the first time since the early 1970s (the actual number is 2.13). This is very good news for the American economy in the long run. It also implies that in about 20 years time, when babies born today start entering the workforce, we may no longer desperately need the large scale immigration that we need today. We cannot imagine better news for the anti-immigration lobby.

Now, for the bad news for the anti-immigrationists.

The racial composition for the projected fertility rate from 2000 to 2010 (table No. 72 in the same document as above) shows a fertility rate below replacement levels for whites, and above replacement levels for all other racial groups - Hispanics have the highest projected fertility rates - 2.82. In other words, Americans 20 years from now will be considerably browner than today. If one views America as the magnificent country of freedom which it is, then this does not matter. Many, many people in the anti-immigration camp, however, are openly racist and want a white America. While we view the news above as good for the anti-immigration camp, the racists in that camp will likely not share in our analysis. To the racists, an economically vital America is not worth having at the price of such "browning." They would rather have a poorer and whiter America, a fate which according to the Census Bureau, will be denied them.

Now for the non-racist anti-immigrationists (yes, there are such people). A replacement fertility level of 2.11 certainly portends at least a steady work-force allowing for a stable long-term economy. However, immigration would make for not just a stable economy, but a steadily growing economy, where every decade brings more and more prosperity. Bear in mind that human beings are assets, not liabilities. The more immigration, the greater the country's economic assets. While the demographic news above does portend that in the long run - i.e. 20 years or so - we would be able to maintain our economy without much immigration; if we continued large scale immigration even after 20 years from now, we would be positioning ourselves for a much more prosperous economic future. It is only the Socialist idea of reckoning human beings as economic liabilities rather than as the productive assets that they are, that makes the fallacious, non-racist anti-immigrationist arguments sound plausible.

(The original Census Bureau document referred to above can be found at:


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Featured Article

Estimates of the Unauthorized Immigrant Population Residing in the US: 1990 to 2000
Office of Policy and Planning, INS writes "the INS estimates that the total unauthorized immigrant population residing in the US in January 2000 was 7.0 million and is somewhat higher than previous INS estimates."

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Immigration Law News

Rule Authorizes Attorney General To Waive Required Training In Event Of Mass Alien Influx
The Department of Justice promulgated an interim rule which gives the Attorney General the ability to waive normally required state and local training requirements to address any unanticipated situations that might occur during a mass influx of aliens.

INS Amends Additional Ports-of-Entry For Departure Of Aliens
The INS issued a corrected notice designating additional ports-of-entry for departure of aliens who are subject to Special Registration.

INS Says It Will Be Smooth Transition To DHS
INS issued a news release assuring immigrants of a smooth transition to the DHS saying "Yes, the INS technically ceases to exist at the end of the month, but we are committed to making this transition as seamless and smooth as possible for those we serve, said Acting INS Commissioner Garcia.

DOJ Says Sex Trafficking Victims Will Receive "Continued Presence"
Attorney General Ashcroft said during remarks discussing the fight against sex trafficking, "Specifically, we will coordinate our efforts so victims may receive "continued presence," a designation that they have submitted a "bona fide" T visa application, and a certification that they are eligible to receive HHS benefits and services as if they were refugees."

White House Trafficking Directive Includes Provision Allowing Victims To Receive Job Training Without Regard To Immigration Status
President Bush signed a National Security Presidential Directive to advance the government's fight against human trafficking which included a reference to "the "T visa" to enable certain trafficking victims to live and work legally in the United States for three years while their cases are investigated and prosecuted" and a reference to "the DOL's directive to its field offices ... allowing victims to receive job training and other services without regard to their immigration status."

Reasonable Probability That Officers Conducting A Traffic Stop Would Have Discovered Illegal Status
In US v. Alvarez-Gonzalez, No. 02-3015 (8th Cir. Feb. 26, 2003), the court said that there was a reasonable probability that the officers conducting a traffic stop would have continued to attempt to confirm Defendant's identity and discovered his status as an illegal alien.

Defendant Who Entered Into Valid Plea Agreement Under Rule 11 May Not Have His Sentence Reduced Under USC 3582(c)(2)
In US v. Nunez-Rios, No. 02-2177 (10th Cir. Feb. 25, 2003), the court said that where Defendant's term of imprisonment was based on a sentencing range that he agreed to accept under Federal Rules of Criminal Procedural Rule 11, his motion to reduce his sentence was precluded by USC 3582(c)(2).

Defendant Receives No Credit For State Custody Where Rule 11 Plea Agreement Exists
In US v. Cervantes-Valencia, No. 02-50000 (9th Cir. Feb. 25, 2003), the court said that the district court did not act within its authority when it credited Defendant 10-months for time he had been held in state custody because the plea agreement entered into between the Defendant and the government pursuant to Federal Rules of Criminal Procedural 11(e)(1)(c) unambigiously stipulated to a 30-month sentence.

INS Official Charged With Arranging Sham Marriages
The Miami Herald reported that an immigration official and a paralegal matchmaker conspired to arrange potentially hundreds of "sham marriages" in Miami-Dade County so that the illegal spouses could obtain resident alien cards.

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Letters to the Editor

Dear Editor:
The commentary in the Federal Register announcement allowing for waiver of training of law enforcement personnel commandeered for immigration enforcement has the statement that , "the Department believes that the country currently is facing an increased risk of a mass influx of aliens." Is this increased risk a code yellow or a code brown?

Arthur L. Zabenko, Esq.
Lubiner & Schmidt

Dear Editor:
I must take exception to the misleading titles of some of the news items in ILW.COM. I speak particularly of the one titled: Photographing a bridge leads to terrorist label. If one did not read the article thoroughly one would conclude that owning and using a camera is what caused this man's problems. In fact, his actions prior to taking the pictures are the reasons for his present situation. Let's do a quick recap: he flunked out of flight school, (I would love to know how he had permission to work until Nov. of 99 since that permission is tied to a valid status which was lost when he flunked out), overstayed his status by years and had in his possession fraudulent immigration documents as well as fraudulent social security numbers (plural). On top of all that when he was questioned by INS officials he lied about where he lived. Please explain how we went from these actions on his part to the conclusion that taking the pictures lead to the terrorist label. It is so typical these days to automatically put the blame for everything on the government. Where does his individual responsibility come into play? I have to wonder, just what did this man expect to happen? He can't have been unaware of the laws he was violating and he also had to know that he fit the profile of people who were responsible for the terrorist attacks of 9/11. Whether you agree with profiling or not the fact remains that, so far, there has been a definite pattern in the characteristics of the people involved. Let's be honest, it wasn't taking the pictures that caused him to be labeled a potential terrorist. That may have been the activity that brought him to the attention of the INS officials (although we don't know that, do we?) but it is the rest of the criminal activities that he has been involved in that brought him to the point of deportation, as well it should.


Dear Editor:
I have been subscribing to ILW.COM for over a year now. The information is useful and timely. I also appreciate the 'immigration law news' section as a quick link to what's in the news. However, I am confused about the choice of yesterday's item, an opinion column in the Sierra Times, which calls itself 'An Internet Publication for Real Americans'. Everywhere you look these days there are anti-immigrant, anti-Muslim, anti-Middle Eastern fearmongers trying to spread this type of hate speech. I am curious as to why this is popping up on ILW.COM. Are you just trying to let people know that it is out there? Are these the views of the people subscribing to ILW.COM? Is it an attempt at being balanced about views presented? To me balance would include well-reasoned, well-articulated conservative arguments for restricting immigration but would not include isolationist hate speech. It is hard enough to keep our chins up and continue to fight the rising tide of anti-immigrant sentiment, both on the streets and in our Administration without being reminded at every turn of how vehemently hateful our adversaries are.


Dear Editor:
I write in response to David Murray's letter,,0,2135199.column?coll=ny-lipolitics-print, that excluding Bernadette Devlin from the US is "bone chilling" and somehow Nazi. As the articles noted in section (h) of today's issue notes, she is an open member of a communist front organization and has engaged in political violence. No Bolshevik ought to be admitted to the US without a tangible benefit accruing to these UnS because of that visit. Our law bans and has banned Nazis and Communists from admission to the US for good reason - these two groups are history's most effective thugs and murderers. My wife was threatened with immediate execution at gunpoint by Communist secret police and still routinely has to assert that she is not and has not been a member of a communist party when she enters the US. Given the relevant history, that strikes neither of us as being unreasonable. Mrs. Devlin was properly excludable before September 11 and remains so now. Jimmy Breslin might like her because of her ethnicity, but I have never unerstood hatred of the English to be sufficient justification for giving aid and comfort to mass murderers.

Honza J. F. Prchal

Dear Editor: released the following press statement today.

Time Is Running Out for Rodi Alvarado Peña, and over 100 other women refugees who seek our nation’s protection from gender-based abuses each year. Ms. Alvarado fled Guatemala and applied for asylum in the United States in 1995, after suffering ten years of horrific domestic abuse. Her husband raped her repeatedly, attempted to abort their second child by kicking her in the spine, dislocated her jaw, tried to cut her hands off with a machete, kicked her in the genitals, and broke windows with her head. Ms. Alvarado sought assistance from the Guatemalan police and the courts but was refused official protection. A U.S. Immigration Judge granted Ms. Alvarado asylum in 1996, finding that the abuse that she suffered, together with the government's unwillingness or inability to protect her, constituted persecution. But the Immigration and Naturalization Service (INS) appealed that decision, and in 1999, the Board of Immigration Appeals (BIA) reversed the grant of asylum. In 2001, Attorney General Janet Reno vacated the BIA’s decision, issued proposed regulations that recognized gender-related persecution claims, and directed the BIA to re-decide Ms. Alvarado’s case again after the proposed regulations became final. Those regulations never became final, however. Now, on the eve of Homeland Security Department reorganization (March 1, 2003) when the Department of Justice will lose its authority over INS matters, Attorney General John Ashcroft appears poised to issue regulations that would restrict the scope of gender- related persecution claims and would reinstate the BIA decision in the Alvarado case, denying asylum to Ms. Alvarado. If he does, his actions will have devastating consequences for Ms. Alvarado, who will be deported back to her abuser, and to hundreds of other women refugees who have experienced such horrific abuses as gang rapes, forced prostitution, and honor killings. You can help! Visit today to send a free message to your legislators urging them to contact Attorney General Ashcroft immediately, and asking him to recognize gender-based persecution as a legitimate basis for asylum. The United States has a long tradition of offering safe haven to persons fleeing oppression, persecution and torture. This heritage is based on an inherent belief in human rights, and the right of individuals to be free from persecution. Please help ensure these rights for victims of gender-based violence by visiting now! Thanks for your support.

Other organizations in support of this campaign include: Amnesty International, Center for Gender and Refugee Studies, Family Violence Prevention Fund, Lawyers Committee for Human Rights, National Immigration Project of the National Lawyers Guild, National Legal Aid and Defender Association, and NOW Legal Defense and Education Fund. Please do not forward this message after March 1, 2003. By then it will be too late.

Irene Weiser

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