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Immigration Daily March 4, 2003
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Editor's Comments

Your Chance To Comment On Registration

From our inception, Immigration Daily has carried Federal Register Comment Notices. We have been criticized by some of our readers who believe that Comments during the Agency Rule Making Process are a waste of our readers' time, and that therefore we should drop coverage of Comment Notices from Immigration Daily.

Regardless of what your views are on the aforementioned, today's Comment Notice is surely an exception. The INS is inviting comments on the Registration System, a subject of great interest to our readers. The Notice says: "Written comments and/or suggestions regarding the items contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Department of Justice Desk Officer, 725--17th Street, NW., Room 10235, Washington, DC 20530." For our readers' information, the Notice estimates that the estimated public reporting burden is only 30 minutes per response. Attorneys who have assisted their clients through this process will likely readily admit that the true burden is a couple of orders of magnitude higher than that. This is your opportunity to let the Federal watchdogs at the OMB know about your views.

The notice also states: "Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:

  1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
  2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
  3. Enhance the quality, utility, and clarity of the information to be collected; and
  4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

The notice further states that "Comments are encouraged and will be accepted until April 2, 2003." We encourage our readers to write in their detailed views following the format specified in the Federal Register Notice. This is your opportunity to make your views heard where they may affect the Rule Making Process.


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Featured Article

The INS Transition writes "many questions have surfaced since the announcement that the INS' functions will be transferred into the Department of Homeland Security (DHS) on March 1, 2003."

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Immigration Law News

INS Seeks Comments On Registration System
The INS sought comments on the National Security Entry-Exit Registration System.

DHS Directive On Management Of Major Domestic Incidents
The Department of Homeland Security issued a press release detailing the presidential directive which established the DHS, to manage major domestic incidents by establishing a single, comprehensive national incident management system. The document states that "INS will transition into DHS under three separate components: The Bureau of Citizenship and Immigration Services (BCIS), the Bureau of Immigration and Customs Enforcement (BICE) and the Bureau of Customs and Border Protection (BCBP)."

INS Extends Sentri Enrollment Period
INS has extended the enrollment period for SENTRI participants from one to two years. SENTRI is an automated system that enables enrolled motorists at selected land border ports along the U.S.- Mexico border to complete the inspections process and enter the US more quickly using dedicated commuter lanes.

Interim District Directors For Interior Enforcement Named
The DHS announced the appointment of Interim Regional Directors and Interim District Directors for Interior Enforcement in the new Bureau of Immigration and Customs Enforcement (BICE). "On March 1, we are putting a structure in place to both improve the enforcement of our nation's immigration laws and to focus the investigative resources of the Department of Homeland Security," said Commissioner Garcia. "These 36 men and women will help make these reforms a reality."

DOL Assesses Penalty For Accepting H-1B Filing Fee Payment From Employee
In the Matter of Universal Software Solutions, Inc., No. 2003-LCA-10 (OALJ, Feb. 27, 2003), the Office of Administrative Law Judges fined the Employer $50 for accepting payment from an Employee for the fee required to file a petition under the H-1B provisions of the INA.

Technical Amendments To Homeland Security Directive
President Bush issued a Homeland Security directive making technical amendments to HSPD-2 "Combating Terrorism Through Immigration Policies".

Vacated Federal Conviction Is Valid For Purposes Of Immigration Laws
In Renteria-Gonzalez v. INS, No. 01-60364 (5th Cir. Feb. 27, 2003), the court denied a petition for rehearing its opinion of Nov. 11, 2002 where it said that when a court vacates an otherwise final and valid conviction on equitable grounds merely to avoid the immigration-law consequences of the conviction, it usurps Congress's plenary power to set the terms and conditions of American citizenship and the executive's discretion to administer the immigration laws, and said that although no court had addressed the question whether a vacated federal conviction remains valid under 1101(a)(48)(a) as a deportable offense and thus as a bar to judicial review, the structure and history of the INA suggested that vacated federal convictions did remain valid for purposes of the immigration laws, and disagreed with Petitioner's assertion that the INS did not make reasonable efforts to locate and produce the illegal aliens he transported since he did not dispute the Border Patrol Agent's veracity, he conceded the futility of attempting to locate the aliens by letter in Mexico and did not explain how the INS could have compelled the presence of those aliens at an administrative hearing in the US.

Claim That Prior State Felony Conviction For Cocaine Possession Was A Misdemeanor Denied
In US v. Hernandez-Sorto, No. 02-4335 (4th Cir. Feb. 11, 2003), the court affirmed Defendant's 22-month sentence for cocaine possession and said that Defendant's argument that his prior state felony conviction for cocaine possession could not qualify as an aggravated felony because it would only be a misdemeanor under federal law, was squarely foreclosed by recent case law.

Failure To Enter Formal Guilty Plea Is Not Plain Error If Not Prejudicial
In US v. Luna-Orozco, No. 02-10024 (9th Cir. Mar. 3, 2003), the court said that the that the district court's failure to ask the Defendant to enter a formal guilty plea was not plain error requiring reversal because the Defendant did not suffer any prejudice as a result of the error when he knowingly and voluntarily agreed to be convicted and sentenced for conspiracy to transport illegal aliens.

Houston Police Say They Are In The Business Of Investigating Crimes, Not Immigration Enforcement
The Houston Chronicle reports that Houston Police Department officers are forbidden from inquiring about anyone's citizenship status and may not detain or arrest people solely on the belief they are in the country illegally, says a policy in place since June 1992.

Attorney General Ashcroft Considers New Gender-Persecution Regulations For Asylum-Seekers
The Washington Post reports that Ashcroft is considering new gender-persecution regulations for asylum-seekers that grew out of the case of the Guatemalan woman, Rodi Alvarado, who said she fled to the US in 1995 after her husband repeatedly raped her.

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Letters to the Editor

Dear Editor:
When I see Tom Ridge and hear what he has to say, he don't inspire confidence in me. Our Attorney General doesn't fare much better either. I don't feel any more safe now than I did immediately after 9-11. To know that these two will now be in charge of INS (BCIS) does not give me hope. In these times, we need national ID. We need to identify, too, the millions of the undocumented in this country who we permit to live in the shadows not knowing who or where they are. In these times, I am not opposed to racial profiling. In these times, we need a source of safe labor supply. We need for it to be legally possible for that safe labor supply, especially unskilled workers, to be readily and easily available. And we need to protect their rights once they come here. The best source of a safe labor pool is our neighbor to the south, Mexico. For those who worry about the increasing numbers of undocumented immigrants from Mexico, most of them would in time return voluntarily to their own country were it not for the 3-10 year ban law. This is a bad law that serves no purpose. For the minority of Mexican immigrants who want to stay and become citizens, give them that opportunity. It must be an earned opportunity, however, an opportunity they earn by demonstrating good character, application, and an effort to learn English and be assimilated into our society. Throwing road blocks into their paths by preventing their acquiring legal identification, valid driver's licenses, etc. does not help. And how would we ourselves feel if our spouses or our children could be wrested and separated from us for years just because we lacked a proper paper?

Richard E. Baer

Dear Editor:
In response to Mr. Alexanders comment that he supports immigration that "is selective of immigrants based on the needs of this country, both economic and socio-cultural," I have to wonder who would get to select what "socio-cultural" needs this country has. Discrimination based on nationality or ethnic background is the exact opposite of what this country is supposed to be about. His ideas are better suited to (and I hate to bring it up but if the shoe fits..) Nazi Germany.

Chicago, IL

Dear Editor:
How anyone with America's interests foremost in mind could find fault with Ali Alexander's common sense position on immigration policy is amazing. However, with my qualification, I have resolved my own question as many have other agendas other than America's interests and the result is the complexity we find today on this topic. (More's the pity.) These agendas include globalists seeking to dilute US cultural and economic strength to facilitate transition into the NWO, business interests who place profit above citizens, borders or nations, immigrant hopefuls from every land who want to come here, illegal immigrants who have violated our laws in coming, crooked officials who take bribes, immigration attorneys who can't see beyond their fees and liberals who place guilt trips upon themselves and others as typified by Richard E. Baer's letter. Mexico was paid for the lands in question, they were not "stolen". After winning the War of 1946-48 which they started, we could have just taken over all their land which some wanted to do and many nations in the past have done. [Ref: Click on Archive, scroll to March/April 2001 issue ] His letter does not mention that many who sold black slaves were black or that many slaves were white in our early history. Even "devotion to family values" can be destructive to our society when criminal activity is adopted as the Mafia has shown. In any case, it is futile to attempt today's policy based upon long ago history. If you have title to a house that you paid for, you make the policies regarding that house today, regardless of past occupancy. Mr. Alexander's clear criteria of how many immigrants can we absorb consistent with our economic and cultural needs is correct, but other's agendas will not accept it because of self serving interests. We cannot allow unlimited numbers of immigrants or whoever wishes to come here. We must be selective based upon what can be contributed as most nations require. No house or nation can be open to any who wish to come or break in. Limited, selective, allocated and controlled entry is in order if they abide our rules and come respectfully, not arrogantly and illegally. [ See: "America for Sale: Visa Roulette" ] The capture of Khalid Shaikh Mohammed who helped plan both WTC terrorist attacks has just been announced along with the fact that he was educated in the US. While all who come are not terrorists, every migrant arrives with his or her imprinted culture which affects ours in some way as does a drop of dye in water. When the quantity of dye drops becomes sufficient, the result is unrecognizable from the original solution. Immigration only works when limited and controlled. Congressman Tom Tancredo (R-CO) has introduced a bill to reduce legal immigration from one million a year to approximately 300,000. H.R. 946, the Mass Immigration Reduction Act of 2003, would enact a five-year moratorium on many categories of immigration, including extended adult relatives, and would significantly cut back on the number of skilled workers and refugees. It also would eliminate the visa waiver program. In light of terrorism threats and our present security needs as well as the lax and excessive policies of the past, this is clearly what America needs. Mr. Alexander's critique of ILW.COM's Feb. 28th editorial is on target as Americans are more than economic units or statistics or should be. To view citizens or migrants merely as replaceable producers if cheaper or other labor is available, all for the glorious privilege of sustaining the bloated over-spending of government budgets is beyond crass. This also precludes leaving "Marxism in the trash-can of history" with such views, as does characterizing immigration only as an "economic phenomenon", ignoring cultural impact and life quality aspects. Your astounding editorial of Feb. 26th also deserves comment. In your zeal to justify excessive immigration, how you can discourage reasonable and proper immigration controls by predicting that they may be used against law abiding citizens who are concerned about the immigration invasion by defining them in Orwellian fashion as terrorists, is really stretching your case past credibility. Immigration laws pertain to non-citizens and terrorist laws should address real terrorists, not citizens expressing their valid opinions by Constitutional right. We don't even deport hard core criminals or murderers, only too few illegal aliens. While government overstepping its proper function is always a concern, it is a separate matter to be addressed and it's misleading to use that as an excuse to do nothing about excessive immigration. Finally, your frequent references to "anti-immigration" advocates are not accurate or fair [ pun intended, see: ] as most are not against controlled, limited immigration, only excessive, out-of-control and illegal immigration, a huge difference. See: for details. A person who is against Federal aid to education should not be portrayed as against any education. It has been said that a house divided against itself cannot stand. These are words to be seriously considered. The divisiveness of present lax, mass immigration policies and loose border control results in Balkanizing and destabilizing of traditional America.

R. L. Ranger

Dear Editor:
In regards to the honorable Mr. Baer's letter, Amen and thank you for letting the truth be known to those who don't know or refuse to accept the truth.

Chucky, why torture yourself by writing such comments? If you don't believe in immigration, why do you visit a pro-immigration website? - Get over 245i.


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Marc Ellis, Gary Endelman

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