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Immigration Daily March 18, 2003
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Editor's Comments

Wall Street, The Iraqi War, And Immigration

Wall Street ended up sharply higher today, with all major indices up over 3.5%. The principal cause appeared to be the end of uncertainty with the imminent start of the war against Saddam Hussain's Iraq. As we wrote last week, we expect that the end of the war will bring positive developments to our economy, and in the war against the terrorists. Thus the end of the coming war would be beneficial to the immigration law community. The war then is something that we see it best to get over with, and not something to be dreaded. It is possible that extra security may be imposed in New York City (where we publish this periodical from) once the war commences. Immigration Daily will continue to chronicle immigration law events for our readers during the war, so long as we can make it to our offices as usual, which we hope and expect to.


Seminar on Healthcare Immigration

The February session of ILW.COM's seminar series "Representing Doctors, Nurses And Other Health Professionals - New Issues For New Times" will feature an in-depth discussion on nurses and other healthcare professionals, one of the few areas of immigration law booming right now. The March session will feature a roundtable with ECFMG and CGFNS. Please see the links below to get details for this exciting seminar series, including detailed bios of the distinguished speakers.

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Featured Article

Receipt Of Certain Public Benefits Will Not Render Alien A Public Charge: Part 1 Of 2
Weiqi Li and Mark E. Harrington writes "The fear of being labeled a public charge and the absence of a clear definition of public charge undermines federal government policies designed to increase access to health insurance and health care."

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Immigration Law News

OIG Says SEVIS Will Not Be Fully Functioning Until August 2003
The Office Of The Inspector General Department of Justice released its evaluations and inspections report based on its follow-up review of the INS's progress in implementing SEVIS. The report found that "However, schools have until August 1, 2003, to enter the data for their continuing foreign students into the SEVIS database. [...] Until then, the INS will continue to operate its inadequate, paper-based system to monitor continuing foreign."

OIG Finds INS Has Relied On Rehiring Federal Annuitants, Has Not Developed Effective Plan To Meet Congressional Mandate
The Office Of The Inspector General Department of Justice released its audit findings on the rehiring of federal annuitants by the INS and concluded that the INS has not developed an effective plan to reduce its dependence on rehired annuitants.

OALJ Orders Dismissal After Employer Withdraws Appeal In H-2A Matter
In the Matter of Agri Placements, No. 2003-TLC-3 (OALJ, Mar. 14, 2003), the Office of Administrative Law Judges dismissed the H-2A matter after a request to withdraw Employer's appeal of the Regional Administrator's denial of the H-2A application was filed by Employer. The Employment and Training Administration had granted Employer's request for certification.

Court Errs By Enhancing Offense Level For Obstruction Of Justice Where No Material Statements Significantly Impedes Investigation
In US v. Ahmed, No. 02-51350 (5th Cir. Mar. 10, 2003), the Defendant had pled guilty for harboring an illegal alien and the court found that the district court clearly erred by enhancing Defendant's offense level for obstruction of justice under USSG 3C1.1 and said that there was absolutely no evidence that Defendant's statements in any way misled the agents in the sort of manner that has traditionally been the basis for enhancement.

Deportable Alien's Voluntary Departure Is Deportation
In US v. Munoz-Valencia, No. 01-3976 (3rd Cir. Mar. 7, 2003), the court said that a deportable alien's voluntary departure was properly treated as a deportation. The court also said that there was no clear error by the district court when it denied credit for accepting responsibility.

Biometric Requirements Complicates Entry-Exit Process
The Washington Technology reports that "Adding biometric requirements to the entry-exit process, as was legislated in the USA Patriot Act, the Enhanced Border Security Act and Visa Entry Reform Act over the past 18 months, has complicated the effort to get a comprehensive system in place, Hutchinson told Congress last week."

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Help Wanted - Experienced Immigration Attorney And Paralegal
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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:
I agree with Mr. Frecker, a self avowed "immigration restrictionist", who wrote in his recent letter that we must try to compromise and reach a national consensus on immigration. I have agreed with Mr. Frecker before, notably when he wrote back on January 17, 2002, referring to the undocumented Mexican immigrants: "The vast majority of them [sic. Mexicans] are honest hard-working people who are coming here to make a decent living, which they apparently canít do in Mexico." Somewhere between the total ban of unskilled laborers from the South and an "open border" there must be room for compromise. The border must be controllable like a dam. Even the strongest of dams canít hold back the water if the pressure becomes too great. In a well constructed dam there is a mechanism for relief, the sluice gate At the border, pressures will be lessened if there is a "sluice gate", a relief valve that permits the legal entrance of unskilled workers into our country to relieve the pressures of demand. It is the total ban of unskilled laborers that causes the "dam" to rupture in places. I believe that compromise can be achieved in the matter of reducing the number of undocumented workers in our country. It has been estimated that the simple expedient of revoking the 1996 3-10 year ban law would result in the return to their homeland within one or two years of over two thirds of the Mexican workers. These workers just donít want to burn their bridges behind them. The ban law serves no purpose other than punishment. When some leave others will take their place and some who leave will come back, but a realistic immigration law (a safety valve, a "sluice gate" if you will) will allow it all to be done in a controllable manner. Of those immigrants who stay, there will be some will want to become American citizens. If they fulfill all of the prerequisites of becoming a citizen, let them. We should be able to compromise here, too. With each step and with each compromise, immigration becomes more manageable. Of the undocumented immigrants yet remaining, a compromise solution should be sought. Mass deportation is unmanageable. We must find a way to bring these workers out of the shadows, identify them and bring them into the community. Gary Endelman proposed an "Earned Legalization" plan. It is a positive plan. I support this plan until someone can come up with a better one. Can we compromise here? Punishment for having violated the law is not a solution. To deport a minuscule few that gets caught in the web to be devoured by INS does nothing other than to satisfy the revenge of the person(s) who reported them. What other compromises can we make?

Richard E. Baer

Dear Editor:
In his inquisitive nature, David Murray must realize he has posed a Herculean question that can hardly be resolved by one person in a few words as many are struggling with the immigration issue. Other groups and individuals including Ali Alexander have displayed a realistic approach to the problems. Many websites have a tremendous amount of informative material and valid opinions on this topic as well. The sincere individual seeking answers to Murray's question could increase perspective at,,, and Basic concepts involved are clarified at in the classic essay, "The Law". The definition of a "final resolution" would vary with the person or group. Because immigration has been excessive for decades, I believe a case can be made for a "time out" or extremely limited and selected numbers. I believe absolute air, land and sea border control should be our top priority in the "terrorism war". A vigorous program of deportation of illegal aliens is essential. The "laws" that force Americans (slavery) to educate, medicate, support, relocate, accept, and otherwise accommodate and grant special privileges to foreigners including "birth citizenship" should be modified or ended. Every visitor, "guest worker" or other non-citizen program must be subject to a valid justification, a limited stay, tracking and return or should not be allowed. Other nations should be billed for many of these costs, not US taxpayers. I believe a case could be made for a Class B citizenship category with few or no benefits or voting, where all those who could not show their lineage came legally would be placed, if not eligilble for deportation. All new citizenships granted would be Class B. Entry into Class A would be earned by demonstrations of allegiance to America, not by coming illegally, dropping a baby, government fiat or having a smart attorney. However, this should open up a whole new field for the latter. If you feel this is revolutionary, it is less so than the present mass invasion of foreigners or the real thing. As long as each catagory was treated equally within its class, this would not be discriminatory. Americans would like their country back with its primary role to defend US citizens, our culture and the Constitution. America is not a corporation, but a Nation, or should be, and not all decisions should be economic. Sufficient assimilation is not taking place with predictable effects upon traditional America. It has been wisely stated that "A man cannot serve two masters"--- neither can a country. Justin has a highly selective compassion that does not extend to the devastation caused by lax immigration policies affecting millions in many ways (including 9/11), or real concerns of US citizens and limited migrant advocates whom he labels as haters and bigots. When the law is applied to serious crimes, disruption of lifestyle is often the result and illegals have to bear the responsibility of their choices as should those who foster an expectation of benefits and normalization. The discipline of deportation is needed to control and deter illegals for the greater societal concern. Perhaps he would find more satisfaction as a social worker. He misconstrues my comparison of entry and speed limits as there was no intent on my part to imply they are equal, only that comparisons could be drawn. These ad hominem labels and attacks are not applicable to those who merely have a different view regarding the optimum rate of immigration. The latter display far more "human factor" compassion, responsibility and tolerance on balance than does any such narrow view, slur or behavior, whether practiced by individuals or the SPLC/Dees group. Many who are now called "hate groups" or "bigots" used to be known as Patriots. Lastly, it's not that solutions aren't available --- it's that vested interests won't accept them.

R.L. Ranger

Dear Editor:
Immigration Daily's March 13, 2003 Item 4(e) appears to be wrong. It notes that Garcia has been nominated to be Assistant Sec of BICE. The release announces Garcia has been nominated to be Assistant Sec of DHS, where he will be in charge of BICE. I benefit greatly from Immigration Daily, and have found it to be extremely accurate. The above is a rare exception.

Martin M. Solomon

Editor's Note: We thank Mr. Solomon for pointing out our error.

Dear Editor:
In response to Mr. Alexanderís question about the terrible economic conditions in this country, the reasons can be boiled down to the economic impact of 9/11 and the economic impact of having people of less than average intelligence running our country at the present. Also, he attempts at appearing a reasonable person seeking a solution to a perceived problem with immigration is belied by the constant classist and bigoted statements that he makes about certain social and ethnic groups.

Chicago, IL

Dear Editor:
The following press release was released by the National Immigration Forum.

The Justice Department has mandated that certain male Pakistanis and Saudis over the age of 16 who are in the U.S. must register with the federal government by Friday, March 21. Registrants will be fingerprinted, photographed, and questioned during the process and must re-register periodically to avoid being branded as national security threats. As the next registration deadline approaches, confusion, discord, and panic have afflicted Pakistani and Saudi communities across the country. In previous waves of the registration program, lengthy detentions - for minor immigration violations and for bureaucratic reasons - have been common and many who have voluntarily come forward have been rewarded by being placed in deportation proceedings. Fearing this, hundreds of families have severed long-term ties to the U.S. and have fled to the Canadian border seeking asylum. In an on-the-record briefing, advocates, experts, and service providers will evaluate how the process is working, the impact it is having on immigrant communities, the security implications of the program, and the effect it is having on U.S. relations abroad. Dr. James J. Zogby, President and Founder of the American Arab Institute in Washington, an expert on Arab-American communities and U.S.-Arab relations, will discuss the upheaval this program is creating both here and abroad; Juliette Kayyem, Executive Director of the Kennedy School's Executive Session on Domestic Preparedness at Harvard University, will discuss the homeland security aspects of the registration program; and Gloria Rivera, Executive Director of Detroit's Freedom House, a refugee-serving agency that has been inundated by Pakistanis fleeing the country to seek asylum in Canada, will discuss the special problems the registration program has created for service providers near the U.S.-Canada border. The briefing will be moderated by Angela Kelley, Deputy Director of the National Immigration Forum. When: Wednesday, March 19, 2003 @ 2:00 p.m. (Eastern Time) How: Call 1-(877) 282-1086 or (703) 871-3017 and ask for the press briefing on Special Registration (confirmation #: 6459468) Who: Juliette Kayyem, Executive Director of the JFK School of Government's Executive Session on Domestic Preparedness, Harvard University Gloria Rivera, Executive Director, Freedom House (Detroit, MI) James J. Zogby, Founder & President, American Arab Institute Angela Kelley, Deputy Director, National Immigration Forum, Moderator

Douglas Rivlin
National Immigration Forum

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Marc Ellis, Gary Endelman

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