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Immigration Daily

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Immigration Daily March 17, 2003
Previous Issues
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Editor's Comments

Happy St. Patrick's Day

Since the time of the great Irish immigration to our shores, St. Patrick's Day has been a day of public celebration by the Irish in the US. Today, it is a holiday celebrated by all Americans. ILW.COM wishes everyone a happy St. Patrick's Day.


Curriculum For New Seminar On Employment Immigration Strategies

ILW.COM is pleased to announce the curriculum for our 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. Many new speakers to be announced shortly. 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.
For more info, including detailed curriculum, speaker bios, and registration information by fax, click here.

Featured Article

Women And Naturalization, ca. 1802-1940: Part 1
Marian L. Smith writes, "In general, immigrant women have always had the right to become US citizens, but a succession of laws in the 19th century worked to keep certain women out of the naturalization process."

A Legal Guide For INS Detainees: Part 3
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.

Editor's Note: Parts One and Two of A Legal Guide For INS Detainees series, which appeared each Monday beginning on March 3, 2003, have been updated.

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:

Immigration Law News

Congress Debates Making English The Official Language Of The US Government
During a debate in Congress, Hon. King (R-IA) said, "The high rate of immigration to the US is rapidly changing the face of America, primarily due to the massive numbers of limited-English speakers arriving daily to our shores."

EOIR Launches New Program To Better Inform Detained Aliens
The Department of Justice, Executive Office for Immigration Review (EOIR) announced a new Legal Orientation Program which provides information about the immigration legal process to detained aliens facing removal hearings in Immigration Courts.

DOS Launches Visa Education Campaign
The Department of State unveiled its new initiative, entitled "Secure Borders. Open Doors." which will help streamline the visa process for applicants at US embassies and consulates around the world. The initiative's materials, which will be translated into local languages, include step-by-step instructions on applying for a visa.

Ethopian Asylee Fails To Establish Well-Founded Fear Of Persecution
In Tegegn v. INS, No. 02-1265 (4th Cir. Mar. 12, 2003), the court said that substantial evidence supported the Board of Immigration Appeal's conclusion that Petitioner failed to establish a well-founded fear of persecution. The court also said that because this case was in transition at the time the IIRIRA was passed, 8 USC 1105(a)(4) was still applicable under the terms of the transitional rules contained in 309(c)of the IIRIRA.

No Abuse Of Discretion Where BIA Designates IJ's Decision As Final
In Conte v. INS, No. 02-1672 (4th Cir. Mar. 12, 2003), the court said that there was no abuse of discretion by the Board of Immigration Appeals (BIA) which designated the Immigration Judge's decision as the final agency determination.

Eritrean Citizen's Persecution Due To Her Jehovah's Witness Beliefs Is Not Well-Founded Fear Of Future Persecution
In Tesfu v. Ashcroft, No. 02-2333 (7th Cir. Mar. 14, 2003), the court said that Petitioner's desire to avoid serving in her country's military on the basis of her religious beliefs which might subject her to punishment was not the same as if Eritrea sought to draft only Jehovah's witnesses or to punish only Jehovah's witnesses for resisting conscription.

New Version Of Citizenship Test Is Unveiled In Newark, NJ
New York Newsday reports that "BCIS trainers arrived Thursday in Newark, NJ, the first city to be trained in administering an updated version of the citizenship test. They will travel to San Antonio, Los Angeles, Sacramento, Calif., and Atlanta over the next three weeks. 589,810 people nationwide became naturalized citizens in 2002."

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Help Wanted - Experienced Immigration Attorney
San Diego's leading immigration firm, Larrabee & Zimmerman LLP, seeks an experienced immigration attorney to join its team. A minimum of 3+ years of Employment-based visa experience and CA bar admission required. Excellent benefits and a great place to work. Send your resume, along with references, and salary requirements to:

Help Wanted - Experienced Immigration Attorney And Paralegal
Johnson, Murphy, Hubner, McKeon Wubbenhorst & Appelt, P.C., a prestigious Morris County law firm seeks a highly motivated experienced Associate and a Paralegal to join its rapidly expanding Immigration Law practice area. Both positions call for detail-oriented candidates with excellent organizational skills and the ability to work independently on various immigration law issues. Attorneys with NJ State bar license preferred. Both candidates must have 2+ years of Employment-based immigration law experience. Great benefits and excellent growth opportunity offered. Please indicate which position you are applying for when submitting your resume + salary requirements to Howard Appelt by: fax 973-835-1732 or

Help Wanted - Experienced Immigration Attorney
The Law Office of Sheela Murthy, P.C., comprised of over 45 full-time professionals, seeks attorneys with 3+ years of Business Immigration experience to sustain growth and to service recently expanded areas of our immigration practice. We are looking for smart, energetic, motivated people who want to be a part of our dynamic team of professionals. The selected candidate should possess excellent writing and communication skills, have an eye for detail, and the ability to work independently. Strong interpersonal skills required. Please feel free to send us your resume (treated in confidence) along with a cover letter to: We are located in Owings Mills, Maryland - a 20 minute drive from Baltimore. For more details, visit

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Letters to the Editor

Dear Editor:
Regarding R.L. Ranger's letter on March 13, 2002, the future of America for the most part relies upon the breeding of immigrants. Each of us is aware that the "American" population is not producing offspring at a rate that is in line with the needs of society and Social Security. Immigrants by and large, produce double the offspring of that of natural born Americans. The related financial stresses have been incurred because of reckless government spending, not because of immigration. In terms of health care, there are many American families that do not have coverage, and thus, the argument that immigrants are leaving the system depleted just do not hold weight. With regard to the reduction of entry, I would point out that tourism is a major factor to the restrictions that would be implied (and would create further financial stresses for many segments of the economy). Not all that cross the border from the north or south are criminal in their intent, nor should they be treated as such. Each person that was alive and aware on 9/11 understands that there are some that are interested in harming the US and it's citizens. My question remains, why has the government not found an appropriate way to locate and prosecute those people that would be engaged in future terrorism, instead of providing a "window dressing" for the public at large. The right to control entry is, to most countries, a non-starter. This simply allows the terrorists to win and the tourists and related industries to lose.

G. Wilson

Dear Editor:
In response to Mr. Murray's criticism of supposed "stale letters," the only staleness I see is how the Reward the Illegals and Visa Overstays Group labels those that want a controlled immigration system as bigots and racists.


Dear Editor:
Having read the first-hand account of a Special Registration experience, I am struck at how extremely different this couple's experience was compared to the approximately 20 clients I have taken to the INS Office in West Palm Beach for registration. As they say in real estate, "location, location, location". I have participated in approximately 20 special registration interviews for clients from nearly all of the listed countries. The interviews lasted between 15 and 30 minutes depending upon the timeliness of the computer system. The Officers were polite, understanding, efficient and did not make anyone wait an inordinate amount of time. Most interviews were held within 15 to 20 minutes of arrival. The questions were uniformly the same, correct procedures were followed and nearly everyone went away somewhat surprised at how inoffensive and easy it had been. The story of this couple is an example of how important it is for qualified legal advice in immigration matters.

Stephen R. Kain
Polatsek and Sclafani, Fort Lauderdale, FL

Dear Editor:
If you think that, "aggressive anti-terrorist actions throughout the Middle East" will bring "increasing success against the terrorists," you've been fiddling with your meds. "Aggressive anti-terrorist actions" reap a harvest of death. Ask the Israelis.

Paul Zoltan

Dear Editor:
RL Ranger's letter equating enforcement of deportation with the enforcement of traffic laws shows that he like all of the cronies of FAIR are unable to recognize the human factor in immigration. Unlike RL, I am an immigration practitioner and I have seen the first hand devastation of families when one of the members of that family who has been here 30 years is picked up by the INS for being convicted of some misdemeanor, where more times than not the over worked public defender told them to plead guilty rather than fight, is thrown into detention with murderers and rapists while awaiting a removal hearing, and might be ultimately removed because the Board of Immigration Appeals (BIA) in there lack of any type of legal expertise has determined that this misdemeanor is a felony, and this individual is separated from his or her whole family and sent to a country with which he or she has no ties. That's a bit more than a traffic ticket in my eyes. But that opinion isn't a surprise since to them anyone who doesn't speak the kings English and isn't directly descended from someone on the Mayflower isn't worthy of this great land of theirs. It's funny to me that he says there was no "modern" law in this country when the Native Americans were here as if they did not have laws and a structured society. A fair and responsible immigration policy is needed in this country but people from FAIR are not the ones that can give it to us.

Chicago, IL

Dear Editor:
If as, Justin indicates in his letter, truly believes what he says about taking an unbiased look at immigration, then he should begin by examining his own claim about "anti-immigration" groups who want to end immigration even though it is "an important factor in our prosperity as a nation." First, not all who he labels "anti-immigration" (me included) want to totally end immigration. Some do, some want "time outs", some admissions reduced to historic levels, and probably all of us an end to illegal immigration. Second, his blanket assertion that immigration is an important factor in our prosperity as a nation. Not all "immigration" is equal or desirable. Yes, immigration of large numbers of unskilled workers was sustainable, even desirable, in the past, when the labor force was comprised mainly of such workers and when the US did not have a large entitlement component to it. Today, one has only to read reputable or even "pro-immigration" newspapers such as the New York Times or Wall Street Journal to find reporting about hospitals in immigrant-heavy states going under because of uninsured (and often illegal) immigrants, immigrants relying on welfare and charity (the NY Times "neediest cases" during the holidays), and school systems such as those in Florida who cannot afford the construction and instruction needed to give students a quality education because of massive immigration of children. For formal academic analysis of the costs of immigration, you might also see work by Harvard's George Borjas. And what about the many older professional workers who suffer age discrimination, a practice enabled by visas such as H1-B? Record unemployment among programmers, IT types and other engineers, and depressed wages, but the industry still claims it needs to import H1-Bs. By the way, if "immigration" is such an important factor in our prosperity, why is it now, at a time of perhaps the highest immigration (and continuing high illegal immigration) we have ever had, and at the end of a decade of massive immigration, we are also experiencing some of the worst economic times and worst employment conditions we've had in a decade? The causal association between immigration and prosperity is pretty darn weak, and that's a statement based on the facts.

Ali Alexander

Dear Editor:
In response to RL Ranger's letter, what "final solution" do you offer to remedy the ills of US immigration?

David D. Murray, Esq.
Newport Beach, CA

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Marc Ellis, Gary Endelman

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