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Immigration Daily

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Immigration Daily March 12, 2003
Previous Issues
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Editor's Comments

Nay On Immigration Application Fees

Gary Endelman's most recent article "Our Faustian Bargain: The Unintended Consequences of Premium Processing" points out how premium processing fees have rendered ordinary, non-premium applications nearly useless. We believe that there exists a specific belief common to both pro-immigrationists and anti-immigrationists that has brought matters to this sorry pass. That belief is viewing immigration as a gesture of generosity to immigrants, rather than as an act of enlightened self-interest of benefit to America. Only by viewing immigration as a generous gesture can the very idea of a fee for immigration benefits processing be justified. If immigration is seen as it should be, as a policy of great benefit to our country, the rationale for charging a fee disappears - and along with it disappear all the ills of Premium Processing that Mr. Endelman writes of in his article. One thing that not too many people talk about is how a good chunk of the immigration benefit application fees in fact goes into immigration enforcement - in effect giving the nation over-zealous enforcement that has not been specifically authorized by Congress (small wonder then that Congress does not take kindly to aggressive immigration enforcement). We believe that general tax revenues should be used to support both immigration benefit processing and such immigration enforcement, as in its wisdom, Congress deems fit to have. This will hold Congress's feet to the fire - for both benefits and enforcement - and our country will then finally have an immigration system that it both needs and deserves.


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ILW.COM is pleased to announce a new seminar covering the latest hot topics in employment immigration, including I-9 enforcement and case law, hiring discrimination, and much more. Led by Cynthia Lange, head of Fragomen, Del Rey, Bernsen & Loewy P.C.'s IRCA Compliance Practice Group. The curriculum for this seminar series is as follows:

FIRST Phone Session on March 27:

What's new in I-9 enforcements and case law?

  • Recent INS sweeps; What industries are targeted and who is affected?
  • Update on recent I-9 case laws
  • Where is the new I-9 forms and I-9 regulations?
  • Creative I-9 solutions for difficult situations
SECOND Phone Session on April 22:

Criminal I-9 enforcement and could it affect your clients?

  • What kind of criminal charges are U.S. attorneys filing?
  • How to protect your client from criminal I-9 charges
  • Recent criminal cases across the country
THIRD Phone Session on May 6:

Avoiding discrimination at the time of hiring: What advice to give your clients?

  • Is document abuse still alive?
  • What questions may you ask in recruiting
  • Discrimination considerations in terminations and reductions in force
  • Balancing national security and discrimination concerns

For more info, including detailed curriculum, speaker bios, and registration information online, click here.
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Featured Article

More Miami Immigration Fraud: INS Officer Involved
Jose Latour writes "It had been a long time since I'd seen direct accusations of an INS agent for scamming, and you know how vigorously I defend my friends at the agency. But news is news, so here goes."

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Immigration Law News

DDS Amends By-Laws To Acknowledge Transfer Of Responsibility From INS To Office Of Refugee Resettlement
The Department of Health and Human Services amended its by-laws to reflect the transfer of responsibility for the care of unaccompanied alien children from the INS to the Office of Refugee Resettlement.

Bonner Leads Bureau Of Customs And Border Protection
The Department of Homeland Security named Bonner Commissioner of the Bureau of Customs and Border Protection (CBP). His previous achievements include having served as an Assistant United States Attorney, as the United States Attorney for the Central District of California, as a United States District Judge, and as the Administrator of the Drug Enforcement Administration (DEA).

Ridge Says Development Of Entry/Exit Visa System Continues
During a speech to the National Association of Counties, Secretary Ridge said, "But once the time has expired, once [a temporary resident's] leave has expired, as it were, once the visa has expired, then we have to monitor and make sure, unless there's legitimate reasons for them to stay, that they leave as scheduled. We haven't had that kind of [entry/exit] system before."

Court Remands To BIA In Light Of Ventura
In Silva-Jacinto v. INS, No. 00-71426 (9th Cir. Mar. 11, 2003), the court remanded the case to the Board of Immigration Appeals (BIA) for further consideration in light of Ventura.

Fourth Amendment Not Violated Where Reasonable Person Standard Met
In US v. Cazun, No. 02-4359 (4th Cir. Mar. 10, 2003), the court said that the entry and search that led to Defendant's illegal reentry conviction did not violate his Fourth Amendment rights because the facts justified a reasonable person to rely on the apparent authority of the consenting individual at the door to allow entry into the apartment.

Immigration Attorneys Await BCIS Decision On Lakireddy Case
The Oakland Tribune reports that it is still unclear whether lawyers in an East Bay immigration, labor and sex scheme case must go to India later this month to take depositions or if 13 witnesses will be brought to the US for next month's trial.

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For information on advertising in the classifieds please click here

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Letters to the Editor

Dear Editor:
Chucky said Dr. Baer's analogy of an illegal alien to Jean Valjean in Les Miserables was meritless and an insult to Americans. It is he who misleads and insults the intelligence of literate Americans when he attempts to equate committed terrorists who prostitute immigration laws with immigrants who choose the welfare of their families over obedience to US immigration laws and steal the opportunity to work. Perhaps Chucky would like to take the pledge of Javert: "The welfare of my family will always take second place to the sanctity of laws." Mr. Rangers comments on Les Miserables indicated he has never read the work but his descriptive monologue several days ago on Mexicans displayed a rich fantasy life which includes horses. In Friday's epistle he wrote, "Let them (deported immigrants) try to come back later as legal migrants (after a 5 year penalty for their illegal attempt) as others properly do." Perhaps he would like to suggest some provision of the law under which rural Mexicans with no family here and little education could "properly" apply.

Dave Anderson

Dear Editor:
I am a student from chicago and want to know about the new bill that was introduced into the Senate few months ago about immigration to students who will be having high school diploma from US.

Tauseef Khan

Editor's Note: For a response to your question, post your question on our discussion board.

Dear Editor:
Ali Alexander's letter to the Editor indicates that he does not know Mexican history. The Catholic Church has not been a force in Mexican politics since Spanish colonial times; and then, when it did have some authority, it used it to defend the indigenous peoples from the exploitation of the Spanish conquistadors. A church educated ex-priest, who had left the Church, led the revolution for the independence of Mexico. Churches, convents, monasteries and other church properties were confiscated after the revolution by the government. Priests and nuns were forbidden to appear in public in religious garb. Where there is one person or one party rule for long periods, corruption is often fomented. Anti-Christianity prevailed in government for years. It was not until the 1950s that a president of Mexico publicly professed; I am a believer. Mexico is making much progress in democracy and just two years ago a new political party promising still more reforms was elected, breaking seventy-one years of one party rule. The new government was hoping for cooperation with its neighbor to the north to help bring about even more reforms but, despite promises, such cooperation has not been forthcoming. Mr. Murray should know that in my grandparents time the tired, poor and huddled masses, once they gained these shores, found the admissions part to be very easy. The only barrier was one of lack of health (i.e. the presence of contagious disease such as tuberculosis, typhoid fever, etc). Today it is impossible for the poor and unskilled to cross our southern border legally. There is just no legal way to do it. I would like to close my letter by repeating one more time: A persons circumstances may explain behavior that may seem to deserve reproach. How many readers have experienced poverty? How many readers have been separated from the ones they love for long periods of time without seeing them ----say for ten years or more? The next time you sit down at your table with your spouse and family to enjoy a bountiful meal, stop and reflect for a moment.

Richard E. Baer

Dear Editor:
In response to the six letters to the editor which preceded mine yesterday, I submit the following, In response to Manuel Magdaniel's letter, a thoughtful comment. Yes, laws are not always moral, nor their application. However, deportation laws are not in that category and they should be more vigorously enforced. Why should the "plight of the illegal immigrant" take precedent over the "plight of the overburdened US citizen"? Also, I don't believe the persons who originally came to America were "illegals" as the few Indians were mostly nomadic, the country largely wide open and there were no laws controlling entry then. Comparing then and now are worlds apart. It would be like holding them to today's environmental standards. In response to David Murray's letter, another very thoughtful comment and the "The Golden Door" is very moving if overly dramatic and certainly can't be the basis for realistic immigration policy. In response to Richard Baer's letter, 9-11 did not establish that all immigrants are terrorists, but what it did establish to all except the most myopic, is that lax immigration and border policies allows some terrorists. The "overly mixing of cultures" comment was made by another person to which I was responding, but Mr. Baer's letter severely exaggerates in comparing limited immigration advocates to the Holocaust and the purchase of Mexico's tenuous land claims as "stealing". A person feeling the great need to overly interact with other cultures and to resolve guilt has the option to visit that country without the necessity of that country relocating here. If they all do that, then we have no country. In response to Justin's letter, perhaps he could explain why the Mexicans or any other culture can justify an unlimited "right to migrate" here which precludes any citizen's rights. In response to Ali Alexander's letter, a very appropriate observation. In response to M.S.'s letter, the "guilt trip" agenda has succeeded with MS and even if one accepts some of that, today's policies can't be made on yesterday's perceived guilt. They have to be based upon today's reality. I agree that illegals are "not a treat", but in the numbers that are allowed today, they are a threat, culturally, if not physically (some are both). The severe pressure for cheap labor is a result of excessive government spending, the solution of which is to reduce that spending to Constitutional standards. To displace citizens with foreigners and not to control borders and immigration as other nations do, may work for special interests, but is violative of our sovereignty and citizen's rights.

R. L. Ranger

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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