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Immigration Daily February 28, 2003
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Editor's Comments

Greenspan Tells Senate Major Increase In Immigration Needed To Sustain Social Security And Medicare

Federal Reserve Chairman Greenspan is getting more and more vocal on the need for a major increase in immigration to stave off a major fiscal crisis in the country's budget. In testimony prepared for the Senate's Special Committee on Aging, he said today that "an aging U.S. population presents "daunting challenges" for the future that potentially imperil the country's Social Security safety net" and that "there would be "significant effects" from a rapidly aging population on government finances." In connection with immigration he said "In particular, it makes our Social Security and Medicare programs unsustainable in the long run, short of a major increase in immigration rates, a dramatic acceleration in productivity growth well beyond historical experience, a significant increase in the age of eligibility for benefits or the use of general revenues to fund benefits." Economics should be at the core of immigration policy. Unfortunately, both popular and Congressional discussion on immigration has ignored the fundamental position of economics in immigration matters. It is certainly easy to forget that the crux and heart of immigration should be economics. After all, immigration deals with real human beings - and other human beings, be they Congresspersons or citizens, find it hard to be coldly rational about a warm human issue. This is true on both sides of the immigration debate, since both sides are reacting to immigration as a human phenomenon, which indeed it is. But immigration is principally an economic phenomenon (except for the very small number of asylees), and must be evaluated calmly, even coldly, to reach useful conclusions. Much of the mess in immigration law today can be traced to the fact that both sides in the immigration debate are not particularly proficient in economics. The matter is quite simple. Human beings, are in general, economic assets, who can be taxed to support the government. The more such assets that are available to our government, the greater the taxes that can be raised. Furthermore, since we are the most productive economy on earth, a human being here is a greater asset than that very same human being elsewhere. Unfortunately, both sides in the immigration debate are heavily influenced by Marxist economic ideas, and fail to see this simple point. On the anti-immigration side, this shows when every individual immigrating is seen as a liability to the government rather than as an asset. On the pro-immigration side, this shows when immigration is seen as a gesture by a generous country helping an immigrant, rather than as a pro-America policy. As the baby-boom generation retires in greater numbers over the coming decade, both sides in the immigration debate will need to learn the fundamentals of economics, and leave Marxism in the trash-can of history where it belongs. Chairman Greenspan has done the country a service in beginning this lesson.

(Mr. Greenspan's testimony is reported at:


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Featured Article

Immigration Consequences Of Drunk Driving Convictions
Christina LaBrie, Esq. writes about how a drunk driving conviction or DUI can lead to inadmissibility or deportation from the US.

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Immigration Law News

INS Readjusts Application Fees
The Department of Justice promulgated an interim rule which readjusts the immigration benefit application fee schedule to the levels that existed prior to January 24, 2003.

INS Seeks Comments
The INS sought comments on Request for fee waiver, Form I-912 and provided an additional 30 days for public comments.

Rep. Tancredo Speaks On Immigration
During a debate in Congress, Rep. Tancredo (R-CO) said, "We can certainly allow people into this country from all over the world, from Mexico and Africa and Asia and Europe. We can allow them from all over the world, but we have to determine how this will happen and it has to be a process that we determine to be governed by the rule of law."

Congress Debates Border Environment Cooperation Commission
Rep. Kaptur (D-OH) during comments on the floor of the House of Representatives said, "Part of the illegal immigration coming into our country is because there are no agricultural provisions under NAFTA, and NADBank is absolutely unrealistic in the manner in which it deals with the exodus in the Mexican countryside."

Grad Student Indicted On Charges Of Visa Fraud
The Department of Justice issued a news release that said, "a federal grand jury in Boise, Idaho, has indicted a University of Idaho graduate student, a citizen of Saudi Arabia, on charges of fraudulently obtaining student visas and making false statements on visa applications and related paperwork.

INS Increases Filing Fees
INS issued a press release explaining the reinstatement of the surcharge used to support asylum, refugeee services, and its fee waiver program. It also released an updated application fee schedule, reflecting the increased fees, effective as of 2/27/03.

8 USC 1326 Establishes Mala Prohibita Offense
In US v. Vallejos-Batres, No. 02-2704 (8th Cir. Feb. 26, 2003), the court said that no specific intent was required conviction for illegal reentry following deportation and that the government need not prove that the Defendant intended to violate the law in order to be prosecuted and convicted under 8 USC 1326.

Collateral Attack On Underlying Deportation Order Requires Showing Of Actual Prejudice
In US v. Mendoza-Mata, No. 01-51147 (5th Cir. Feb. 24, 2003), the court revised its Feb. 20, 2003 opinion where it addressed the Defendant's challenge of his underlying deportation order in his trial for illegal reentry and said that his extensive criminal record and evidence of immoral character would have likely precluded him from obtaining 212(c) discretionary relief, and thus, he failed to show actual prejudice. The Defendant had argued that in light of all his guilty plea and the Supreme Court's later opinion in St. Cyr, he should have been permitted to withdraw his plea.

Bank Fraud Convictions Fit Within Aggravated Felony Definition
In Sharma v. Ashcroft, No. 02-2062/2063 (3rd Cir. Feb. 27, 2003), the court said that the Board of Immigration Appeals (BIA) reasonably determined that the Petitioner's convictions for bank fraud fit within the aggravated felony definitions found in INA sections 101(a)(43)(M)(i) and (U), because the BIA's determination was in keeping with precedent interpreting "fraud" and "deceit" according to common law.

INS Faces Daunting Tech Challenges reports that the INS will face some daunting technological challenges as it becomes part of DHS and dramatically reorganizes its internal structure, a senior INS official said.

13% Of All Illegal Aliens Who Have Been Ordered Out Of Country But Have Not Been Detained Have Left
Reuters informs "that a report by the department's inspector general found that only 13 percent of all illegal aliens who have been ordered out of the country but have not been detained, have actually left. By contrast, the INS has removed almost 94 percent of those illegal aliens with "final removal orders" who are being held in the agency's custody."

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Letters to the Editor

Dear Editor:
We are very fortunate in that our Miami-based immigration lawyer has been professional, efficient and very fair with her fees. However, I am involved with a website for immigrants and there are some horror stories of exploitation by immigration lawyers of would-be immigrants. Recently, two members who use the same lawyer, have been billed for or quoted the following fees: $4500 to renew the husband's H1-B and the H-4's for the wife and two minors. (They have already filed for green cards/adjustment of status.) His fee excluded INS filing fees. Ahem and this does not include the fees to file their other applications. The other member received an $800 bill for their "case review." (Their green card/adjustment of status applications were submitted a while ago at a horrendous fee, so this "case review" took place while everything was at the INS already. So. what's the "case review" fee really for? Is there an organization or legal firm where one can report such lawyers and their firms? When I compare this man's fees with those of other lawyers who have flat fees, something smells fishy.

Ingrid Hurrell

Dear Editor:
In response to Chucky’s letter, while masked as arguments against US immigration policies Mr. Alexander’s arguments are primarily personal attacks on the people who are coming here. They are basically classist and racist arguments generally aimed at people of Hispanic descent. It appears that most people here can see that.

Chicago, IL

Dear Editor:
I enjoy reading Immigration Daily. I was hoping I could be pointed in the right direction. I need to find out whom to contact or where I can get information on the process to apply for a Brazilian business visa for a Japanese executive(Japanese passport). Our company needs to send a executive to head up a new company we are opening in Brazil. I'm looking for the procedure, forms and time frame for the application process.

Bill Hess, Benefits & Risk Manager
NTN USA Corporation

Editor's Note: Try posting your question on ILW.COM's discussion board for help. You may also want to try contacting the Brazilian consulate/embassy nearest you.

Dear Editor:
Your editorials are doing a magnificent job. I've noticed several good ones. The Anti-Immigration Boomerang is just perfect. Excellent analysis. Excellent writing. Congratulations! Excellent insight on yesterday's.

Marc Ellis, Esq.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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