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Immigration Daily March 3, 2003
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Editor's Comments

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Featured Article

The H-1B Series: Finale
George N. Lester IV offers a comprehensive look of the H-1B program. This is a compilation of all the articles in the H-1B series that originally appeared in each Monday's issue beginning in the July 22, 2002 issue of Immigration Daily.

A Legal Guide For INS Detainees: Part 1
The Commission on Immigration Practice, Policy, and Pro Bono of the American Bar Association offers a detailed guide at how to petition for release from indefinite detention.

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Immigration Law News

Application for Naturalization (Form N-400) Earlier Editions Invalid
INS issued notice that only editions dated May 31, 2001, or later, of the Form N-400, Application for Naturalization, will be accepted for filing by persons applying for US citizenship, effective March 31, 2003.

DOJ Amends Regulations To Transition To DHS
The Department of Justice issued a final rule amending certain regulations to continue existing authorities after the transfer of functions of the INS to the Department of Homeland Security.

DOJ Terminates Angola TPS
The Department of Justice issued a news release that announced the termination of temporary protected status (TPS) for Angolan nationals, affecting approximately 316 individuals who currently receive Angola TPS benefits.

White House Says Immigration Reforms Are A Priority
White House Spokesman Fleischer, in response to a question posed during a White House press briefing, said, "[immigration reform and other reforms] are in and of themselves, important and worthy goals. And with or without Iraq, the President would be pushing them, as you know."

Appeal Wholly Without Merit
In US v. Gale, No. 02-1288 (10th Cir. Feb. 27, 2003), the court said that Defendant's appeal of the district court's refusal to grant him a downward departure for cultural assimiliation was wholly without merit.

Evidence Of Prior Fraudulent Marriage Arrangements Properly Admitted Where Offered For A Proper Purpose, Relevant, And More Probative Than Prejudicial
In US v. Aguilar, No. 01-4237 (10th Cir. Feb. 26, 2003), the court said that because the evidence of prior fraudulent marriage arrangements was offered for a proper purpose, relevant, more probative than prejudicial, and coupled with a limiting instruction, the district court did not abuse its discretion in admitting the evidence under Federal Rules of Evidence Rule 404(b).

4th Circuit Panel Addresses Various Defenses On Altered Visa
In US v. Prince-Oyibo, No. 02-4104 (4th Cir. Feb. 27, 2003), the court addressed Defendant's defense that "he "never intended to get a fraudulent visa"; that his failure to realize the visa had been altered was reasonable; and that "his ignorance of the proper procedure for obtaining a visa, coupled with the Nigerian cultural practice of "paying officials" to do what they are supposed to do, "prevented him from realizing that his visa was "counterfeit, altered, falsely made or otherwise unlawfully obtained"" and dismissed the Defendant's arguments on evidentiary grounds.

Texas Burglary Of A Building Is Not Crime Of Violence
In US v. Rodriguez-Rodriguez, No. 02-20697 (5th Cir. Feb. 27, 2003), the court said that the Texas offenses of burglary of a building and unauthorized use of a motor vehicle were not crimes of violence within the meaning of USSG 2L1.2(b)(1)(A)(ii) because neither offense was listed in Application Note 1(B)(ii)(II) or had as an element the use of physical force against the person of another.

DOL Fines Placement Firm $120K For H-1B Violations
Human Resources Next reports that the Department of Labor has fined a teachers placement firm for H-1B violations. The company had recruited the teachers from India to fill math and science teaching jobs in the Newark, N.J., public school system.

INS Ends, DHS Begins March 1st
The Oakland Tribune reports that Randall Caudle, president of the Santa Clara Valley chapter of the AILA said, "A lot of an immigration lawyer's practice focuses not on actual immigration laws -- which he called vague -- but on informal documentation collected from the INS over the last few decades, which lays out how the agency implements the laws and [I] fear all of that will be scrapped."

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Letters to the Editor

Dear Editor:
Those so concerned about the browning of America need a little history lesson: Most of the Southwest was brown long before it was stolen from Mexico and whitewashed. The rest of the country was bronze until its native peoples were disseminated by killings and forced confinement to reservations. To fulfill personal greed, part of the country was blackened by the forced introduction of peoples of Africa, shackled and against their will. All of the above discriminated people are just claiming their God given rights to the pursuit of happiness in this country. The browning is beginning to show throught the whitewash and the devotion to family values it brings could be a blessing.

Richard E. Baer

Dear Editor:
A person in our office is giving a speech in a week or so about immigration, and would like to mention the census information which showed the role of immigration in the labor force in the 1990's. I have searched on ILW.COM, and I know well it was reported, but cannot now find it. Please let me know what the document was, and where I can find it. [Received 1 hour later:] I kept looking and found the report.

Carolyn Killea

Editor's Note: We're glad to see that our improved search engine has helped you. To find items of interest to you that appeared in either Immigration Daily, Immigrant's Weekly, or ILW.COM, click here.

Dear Editor:
Recently, there has been a heated debate by ILW.COM Letters to the Editor contributors over the issue of illegal immigration, pro and contra, emotion vs. logic. Well, it's really not that complicated. The New York Times recently ran two letters to the editor, which pretty well sum up the arguments, the pro (emotion). "To the Editor: Re "U.S. Crackdown Sets Off Unusual Rush to Canada" (front page, Feb. 25): Perhaps the US should send the Statue of Liberty to Canada, since the immigration officials there seem to be more familiar with Emma Lazarus's words than the officials here ... Leaving friends and belongings behind, [an immigrant family I know] from Pakistan once again became refugees "tempest-tossed" and "yearning to breathe free." Connie Anestis Bronx, Feb. 25, 2003". and the contra (logic) -- "To the Editor: There's a simple way to avoid the experiences being suffered by thousands of immigrants from Pakistan and other nations (front page, Feb. 25): Get a visa before you arrive; don't overstay your welcome; don't hide from the Immigration and Naturalization Service or other authorities; and pay your taxes. In short, don't break our laws. Stephen M. Weppner Bigfork, Mont., Feb. 25, 2003" . . . . . . Just what Emma Lazarus meant in her epic poem, we must leave to the conscience of each individual, and if we truly are a nation of law and not men, then perhaps in the end, logic will prevail.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
In response to Editor's Comments, at the risk of repeating myself, your argument about viewing immigration in purely economic terms doesn't hold water. At the extreme, it would sanction institutions such as slavery, because that would be to the economic benefit of the owners. The simple fact is that immigrants are not just sources of labor, much as you might like to think of them as such. They have needs and rights as human beings, just as the citizens of this country do, and these needs and rights should not be subverted to the interests of corporations or the small business owner who doesn't have a viable business model without depending on cheap labor. Nor should the well-being of citizens and legal immigrants already here be so subverted. While you are apparently focusing on the revenue side of the profit equation (for those of you without even this basic economic concept, Profit equals Total Revenues minus Total Costs), you (I'm not sure about Mr. Greenspan) are ignoring the fact that it is the US taxpayer, particularly State governments, which pay most of the costs of meeting the needs of immigrants for services such as education and healthcare. The federal government is one pocket, the state governments, the other. The taxpayer has to worry about both; Mr. Greenspan, only one. It is profit the US taxpayer is concerned about.(Think of all those lovely unfunded mandates, such as providing translators or translations, or medical care for illegal or uninsured immigrants, that the federal government is willing to pass to states and from states to local governments and ultimately to taxpayers at the local level--to make the federal bottom line look good.)

And before someone starts claiming I'm anti-immigrant, no such thing. I favor an immigration policy which is selective of immigrants based on the needs of this country, both economic and socio-cultural. Our current policy isn't. It is driven primarily by "family reunification" extending beyond the nuclear family, and including many for whom the economy may have no particular use. We also have many immigrants under the employment visas who view the US green card only in economic terms (such as you are espousing), who come here to work, get whatever benefits they can with as little cost to themselves as they can manage, and go home, or who plan to spend as much time as they can in their homeland. In other words, who do not intend to make the US their permanent home as was intended by the green card program. What will an abundance of so-called immigrants with this opportunistic view of the US do to our political and social fabric, to the very concept of a US citizenry?

To lay it out for those who seem to believe I am "anti-immigration", I do oppose illegal immigration. It is fundamentally unfair and subverts the principle of law and order which underlies this country. Illegal aliens, for whom many employers have a use only if they can be gotten cheaply, also distort the labor market here and as a group impose a burden on society while individual employers benefit. I support legal immigration as long as (1) the immigrant has the education and skills to support him/herself and their family without recourse to welfare (up to becoming citizens), or has a sponsor, such as a family member or employer who will guarantee to support the immigrant, and will be held accountable; and (2) there are no US workers available (a stringent needs test). I favor, as I have said before, a selection process which considers a combination of needed skills (or lack of skills, if unskilled workers are needed) and education, knowledge of English, and family connections already here.

There is a possibly apochryphal story about President Jimmy Carter and the leader at that time of the People's Republic of China. President Carter was, as I recall, asking for human rights for the Chinese People, including the right to leave China. The leader of China then turned and asked him, "All right, Mr. Carter, just how many of my countrymen is the US willing to take? 100 million? 200 million? More?" Now, I ask readers of this paper, just how many should we accept, not only from China, but from India, Mexico, and the rest of the world--and what criteria would they use to select them? Any and all who knock on our door, or sneak across our borders?

Ali Alexander

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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