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Immigration Daily March 19, 2003
Previous Issues
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Editor's Comments

In Support Of The War

We support the war against Saddam Hussein's Iraq.

Before we go any further, our readers should know that Immigration Daily takes positions based only on the immigration law perspective. We do not take positions on issues which are unconnected or peripherally connected to immigration law. The link between immigration and Iraq is straight-forward. The American people are rightly concerned with personal security, and the terrorist menace. We believe that many Americans, including elements in our government, mistakenly confuse immigration and terrorism. The anti-immigrationists are using this as a fig-leaf to advance their anti-immigration, anti-American agenda. Vanquishing the terrorists would make America safe from terror and simultaneously damage the anti-American, anti-immigration program. Unfortunately, terrorism thrives in a part of the world where we do not have sufficient military and covert resources to take direct action against the terrorists, or the ability to pressure other governments to do so. The presence of a massive US armed force in Iraq would not just obliterate Iraqi support for the terrorists, it would put Syria and Iran - both supporters of terrorists - squarely in our sights. It will also put us in a position to pressure other neighboring nations to cooperate more fully in the war against the terrorists. This war is helpful in the global war against the terrorists who want to destroy all that immigrants value in choosing to make America their home. We therefore see this war as aiding the pro-immigration cause, and hence our support. We note once again that anti-immigrationists are mostly opposed to the war, as indeed, are a majority of pro-immigrationists.

According to a report in the Washington Post, government sources said today "The FBI would be aided by immigration investigators at Homeland Security, who would detain anyone found to be in violation of immigration laws." This perfectly illustrates America's confusion between immigrants and terrorists. This government statement does not distinguish, for example, between an Iraqi terrorist agent with malevolent intentions who is present in the US, but has scrupulously followed immigration laws, and an undocumented Iraqi dishwasher with no ill will to the US, who values America, and wants to be an American, but is still groping for a way to legalize his status.

As documented brilliantly by Stuart Anderson in "In Defense Of A Nation," foreign-born Americans and immigrants have played a prominent and disproportionately heroic role in America's wars. We expect that immigrant-soldiers, including Iraqi-Americans in uniform, will perform no less valiantly this time around. As they head into the terrible uncertainty of battle carrying the Stars and Stripes, members of America's armed forces, including immigrants, will have our steadfast support.


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

Receipt Of Certain Public Benefits Will Not Render Alien A Public Charge: Part 2 of 2
Weiqi Li and Mark E. Harrington writes "No single factor -- other than the lack of an affidavit of support, if required -- will determine whether an alien is a public charge, including past or current receipt of public cash benefits for income maintenance."

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Immigration Law News

White House Identifies Select Iraqi-Born Individuals To Participate In Voluntary Interviews In Event Of Iraqi War
The White House released a fact sheet on Operation Liberty Shield, which included the following statement: "In the event of hostilities in Iraq, the FBI, working with the Department of State and immigration officials, have identified a number of Iraqi-born individuals in the US that may be invited to participate in voluntary interviews."

Alien Convicted Of Aggravated Felony Crime Is Subject To Deportation
In Seale v. INS, No. 02-1431 (1st Cir. Mar. 14, 2003), the court said that the order of removal lodged against Petitioner based on a 1987 aggravated felony conviction was a proper application of IIRIRA and not a violation of the constitutional protections contained in the ex post facto clause and the double jeopardy clause.

Voluntary Departure Period Begins When BIA Enters Order Granting Voluntary Departure
In Zazueta-Carrillo v. Ashcroft, No. 02-70259 (9th Cir. Mar. 13, 2003), the court held that after IIRIRA, the voluntary departure period begins when the Board of Immigration Appeals (BIA) enters its order granting voluntary departure.

Failure To Advise Of Collateral Immigration Consequences Is Not Ineffective Assistance Of Counsel
In US v. Fry, No. 01-17455 (9th Cir. Mar. 18, 2003), the court held that Defendant's counsel's failure to advise Defendant of collateral immigration consequences of the criminal process did not amount to ineffective assistance of counsel.

Texas Burglary Of A Building Is Not Crime Of Violence
In US v. Rodriguez-Rodriguez, No. 02-20697 (5th Cir. Mar. 17, 2003), the court revised its Feb. 27, 2003 opinion where it 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.

DHS Merger Of 22 Agencies Raises Chain-Of-Command Issues
Government Executive reports that "Papademetriou, a Labor Department official in the first Bush administration, worries that immigration policy will be lost in the security-focused shuffle, so he's counseling Aguirre, who's been nominated to be the director of BCIS on the ways of bureaucracy."

Supreme Court Blocks Deportation Of Hungarian Asylee
The Herald Tribune reports that "Justice Anthony Kennedy issued the unusual postponement of deportation, forcing the government to respond to Kenyeres' [political asylum] claims. Kenyeres, who faces embezzlement charges in Hungary, has been held without bond at the Krome Detention Center in Miami."

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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

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

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

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Letters to the Editor

Dear Editor:
I'm glad that Dr. Baer has been able to agree with me twice in two years. However, I believe he takes statements by others out of context to justify his support of massive immigration. I also think he has a different definition of "consensus". In labor-management negotiations, consensus means agreeing to solutions to problems where the parties are often far apart. Perhaps no one is entirely happy with the solution, but they agree that it's the best they can do. In his letter of 3/18/03, Dr. Baer acknowledges that we should compromise and try to reach consensus, and he then proceeds to try to explain why we "self-avowed immigration restrictionists" should do all the compromising. Another part of the problem-solving process is to try to put yourself in the other "party's" place. If one or more of the parties can't or won't even admit that the other party may have a legitimate point of view, no consensus is possible. One party may be able to impose its will on the other, but that's not a solution. It'll just create more problems in the long run.

John H. Frecker
Baileyville, ME

Dear Editor:
I must repeat David Murray's question to R.L. Ranger: "What 'final solution' do you offer to remedy the ills of US immigration?" In his response to Murray's letter, he has none to offer. He comes up with establishing Class A and Class B citizens. Mr. Ranger should remember that for over 100 years after the Civil War we had a catagory of Class B citizens: They were the ones who were forced to ride in the back of the buses, use separate public toilet facilities, sit in segregated balconies in the theaters, and were not allowed to eat in "white only" restaurants. This was descrimination.

R.E. Baer

Dear Editor:
I write in response to the latest response from Justin in Chicago, IL. His letter directed to Ali Alexander is manifestly unfair. Justin manages to blame all of the economy's present ills on a president he calls an idiot and Ali Alexander a racist for wanting to insist that immigrants at least aspire to lawful behavior and some basic acceptance of American culture. First of all, unlike myself, Ali has made it quite clear that he is as stalwart a Democrat as Justin and likely agrees with Justin's critique of the president. I find it startling that Justin can accuse others of racism. He is the one who recently uttered the whopper that American Indians met regularly in councils to resolve inter-ethnic disputes in a peaceful way before the evil white man came and dispossessed them. That is not only wrong for most pre-Colombian and even pre-subjugation indigenous American peoples, it is also grossly racist to lump American Indians into one broad category. American Indians differed from each other at least as much as Caucasian Europeans did. Most were displaced more by devastating diseases to which more urbanized Europeans had greater resistance than by the warfare that generally capped their sad process dispossession. Further, while some tribes were generally peaceful and decent to their own members and neighbors, it is indisputable that warfare, torture and slavery were significantly more endemic to their cultures than they were to Europe, Christian or Muslim. Just as Christians facing the Turks often fell because they were more interested in fighting each other than defending Christendom, so too did American Indian tribes make temporary and permanent alliances with European settlers in order to gain the upper hand against native rivals and enemies. To present the American Indian as an undifferentiated noble savage tragically falling to the evil white man is both ignorant and racist.

Honza J. F. Prchal
Birmingham, AL

Dear Editor:
With regards to RL's assertion that I am not concerned with the lax immigration policies that led to 9/11, he is completely wrong. I am for effective immigration policies but keeping out all of the Mexicans is not something I consider effective.

Chicago, IL

Dear Editor:
Justin in his letter to the Editor refuted his own point: it is not immigration which causes prosperity, but a host of other factors which are more important, such as those he enumerated. Two conditions for being able to say there is a causal relationship (i.e., "immigration causes prosperity") are that A (immigration) precedes B (prosperity) and that you can eliminate as causes other factors. Neither applies to immigration. In fact, it may well be the other way around: that relative prosperity causes immigration--for example, even though the economy is not doing well and unemployment is high in the US, immigrants continue to come legally and illegally because conditions are better here than in their homelands. George Borjas has suggested much the same thing in relation to the correlation between immigration and prosperity in various US cities--that immigrants move to locations which are prosperous, not that the locations are prosperous because they are there. For that matter, if immigration truly causes prosperity or is such an important factor in it, why is it that Mexico doesn't throw open its borders to immigrants from the rest of Latin America? Why does India object to its illegal immigrants from Bengladesh?

Ali Alexander

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.

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Marc Ellis, Gary Endelman

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