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Immigration Daily May 5, 2003
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Editor's Comments

Hispanic Special Forces In Iraq

The Scotsman, a newspaper in the UK, reports on an interesting immigration connection with the recently concluded war in Iraq: "While the US army and Marine Corps’ advance on Baghdad captured the headlines, much of the real work behind the invasion already had been done in secret behind enemy lines before a single tank had crossed from Kuwait into Iraq. Special forces teams, many composed either of American Arabs or Hispanics disguised to look like Arabs, moved into Iraq in the weeks and months before the invasion." It should not be surprising that Arab Americans in our military performed an important role in Special Operations. However, the apparent inclusion of Hispanics in a similar role is a surprise. Anti-immigrationists have reserved particular invective for Hispanics, often the underlying emotion for many anti-immigrationists is hostility toward Hispanics. For these anti-immigrationists, this news about Hispanics in our military must be hard to swallow.


INA And INS Regulations At Your Fingertips

While writing to the INS about a RFE or preparing a petition, how do you keep the INA and all the relevent regulations of the INS at your fingertips? Attorneys have been using the exaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. To read more, please click here.

Featured Article

From The Beginning: Agile Immigration Advocacy For New Businesses: Finale
Susan K. Wehrer and Angelo A. Paparelli discuss immigration issues that may be relevant to a company in the initial stages of creation and will offer general guidance on possible immigration strategies for company principals and key employees. This is a compilation of the (3) articles in the series that originally appeared in each Monday's issue beginning in the April 14, 2003 issue of Immigration Daily.

Race, Nationality, and Reality: INS Administration of Racial Provisions in US Immigration and Nationality Law Since 1898, Part 3 of 8
Marian L. Smith writes "Unless the courts issued enough decisions to determine the eligibility of every possible "race" that might apply for citizenship, or until the Supreme Court might issue broad guidance on the definition of white persons, federal officials continued to live amid uncertainty."

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Immigration Law News

Rep. Sherman Introduces Bill To Recognize Same-Sex Partnerships For Immigration Purposes
Rep. Sherman (D-CA) introducing HR 832 said, "The Permanent Partners Immigration Act would allow US citizens and lawful permanent residents, who are in a permanent partnership, to sponsor their partner for immigration purposes in the same way that opposite-sex spouses now can."

NY BICE Interm Director Lauded For Decision
Rep. Ackerman (D-NY) in recognizing NY BICE Interim director McElroy said, "After taking all the steps necessary to ensure that America's interests were met first, Ed McElroy notified me that he had reviewed Mr. Hussain's case would exercise prosecutorial discretion in not removing him from the US."

2 DOS Employees And 7 Others Charged With Conspiring To Sell Visas
The Department of Justice announced in a press release that a federal grand jury in Sacramento returned an 18-count indictment charging nine persons, including two former State Department employees, in connection with an alleged corrupt scheme, operating out of the U.S. Embassy in Sri Lanka, to sell entry visas to the US.

2/3rds Of Asylum Applications Are From PRC, Cuba, Colombia, And Haiti
The INS released the Refugees/Asylees Section (34 pps.) of its 2002 Statistical Yearbook Section which presents information on persons who are admitted to the US because of persecution abroad, including the number and characteristics of persons applying, approved, arriving, and adjusting to lawful permanent resident status. The Nationals of the People’s Republic of China submitted the most applications (2,326), followed by Cuba (2,195), Colombia (1,230), and Haiti (759). These four countries accounted for about 67 percent of all applications in 2002.

Consular Section In Colombo Temporarily Closed Due To Visa Fraud Investigation
The Department of State issued a press release that said, "In order to ensure the integrity of the visa issuance process, the Consular Section in Colombo has closed temporarily for all but emergency services, for a thorough review of operations. The Consular Section is expected to reopen within a few days."

Two State Department Employees Charged With Visa Fraud
The Sarasota Herald Tribune of Sarasota, FL reports "Two married State Department employees, including the chief administrative officer at the U.S. Embassy in Sri Lanka, were indicted Thursday for allegedly accepting hundreds of thousands of dollars to issue visas to foreign nationals who wanted to enter the US."

Adopted Teen Facing Deportation Is Denied Nunc Pro Tunc Order
The Florida KeysNews reports "A long day of waiting ended in disappointment Tuesday evening for Ana Trawinska and her adoptive parents, who were hoping Circuit Judge Sandra Taylor would allow the date of Ana's adoption to be changed so that court records would show that Ana was adopted prior to her 16th birthday."

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Help Wanted - Experienced Paralegals
Greenberg Traurig, an international law firm with more than 800 attorneys, has openings in its Tysons Corner office for senior immigration specialists/paralegals. Must have significant experience in non-immigrant work-related visas, including Es, H-1Bs and L-1s, as well as Labor Certifications and EB-1s. Experience with consular processing is essential. Must be a college graduate and possess 4+ years of business-related immigration experience, including 1+ year at a senior level. Spanish is preferred but not required. Strong organizational, written, computer and verbal skills, along with the ability to work with minimum supervision, are required. Excellent benefits and compensation package offered. Please send resume and salary history by fax 703-714-8378 or email

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Letters to the Editor

Dear Editor:
I beg to differ with SJD in his letter that the US government is somehow violating US immigration law in admitting Mohamed Al Rahaief. The gentleman helped thwart a crime punishable under US law, the torture of a US servicewoman, and as such he is eligible under a number of established visa categories (like those under the Rewards for Justice Program). Like many legal immigrants to the US, I am always pleased to see the country admitting more people who will go the extra mile to defend truth, justice and the American way but get steamed by attempts to blur the line between people who play by the rules to get here and those who not only break those rules but also claim they are entitled to the precious gift of American citizenship. Mr. Rahaief really earned his ticket to citizenship. It often seems that most people who are born here get so caught up in the normal frustrations and feuds of life that they don't realize how much better it is over here and fall prey to some weird guilt trip for having been born lucky enough to be here by right. I may well be reading too much into SJD's letter, but I almost detect a bit of that in his letter. If so, I apologize, but if not, I urge him to take a deep breath and relax by looking at the big picture and realizing that even with individual setbacks like Ms. Katrin Michael's, they are rarely as tragic as they seem (after all, even assuming she was wrongfully denied immigrant status, she has a much better country to return to now - not like the warring East German wanna be state she left and her Kurdish corner of it is safer than it has been in years).

Honza J. F. Prchal, Esq.
Birmingham, AL

Dear Editor:
Congratulations for your fourth year. I've been reading Immigration Daily everyday for about a year now. I'm not a lawyer and I don't live in the US and I'm not an immigrant unless something change my perspectives for my home country, Mexico. I'm an anthropologist and I've been working for years on international migration. I live and work at the Michoacan state of west-central Mexico. From this Mexican state the international flow of migrants to US is very important, I have to say the third most important flow in reference to total migration from Mexico to USA. Anyway, Immigration Daily has been very interesting for my research project because your notes, works and link pages offer very important information to understand many topics on immigrants in your country. When I subscribed to Immigration Daily I thought it was just a "legal information page", but it is beyond that and I think it is the best. I don't always agree with everything written but I do think that arguments are openly discussed. Congratulations again.

Carlos Tapia

Dear Editor:
Keep up your great job. You are really doing a good service to America.


Dear Editor:
I am wondering if ILW.COM provides its subscribers' email addresses to third parties. I subscribe to 2 of your newsletters. I could not find any information about this on your website.

Name Withheld Upon Request

Editor's Note: We would like to inform you that we do not share our subscribers' e-mail addresses with anybody. Please see the editor's comments in our Immigration Daily of April 2, 2003.

Dear Editor:
Thanks for publishing my letter to the editor. I am sorry my name was not indicated. My name is Samir Das, and I am the Human Resources Manager for a Software Consulting company in Atlanta, dealing with immigration issues over the past three years. I regret the inadvertence of not identifying myself in the letter I sent yeserday.

Samir Das

Editor's Note: As stated in our editor's comments in our Immigration Daily of March 11, 2003, we only sign your name to a letter if you so indicate.

Dear Editor:
Following up my letter wherein I suggested that Chucky may be a bit too prejudiced against immigration lawyers and AILA, and in response to Chucky's , yes, I will tell him, and the world, that the repeated lobbying "that lawyers and groups like AILA do to get 245(i) type amnesties renewed is to help deserving immigrants." It is sad that Chucky and other proponents of pulling the ladder up on immigration do not understand that immigration lawyers truly care about their clients. Although immigration lawyers get paid for what they do (as I am certain Chucky gets paid for what he does for a living), the motivation of immigration lawyers is not the money - if it were, they would have become personal injury or corporate lawyers. Believe me, there are easier ways to make more money than by practicing immigration law. Furthermore, Chucky does not seem to understand that border enforcement is not part of what immigration lawyers do, any more than prisoners rights are something police organizations lobby for - it's only common sense - you have to be on one side or the other. Since it is clear Chucky is on the side of border enforcement, I wonder what solution he has to offer on that issue . A big fence along the southern border? How about the northern border? But remarkably, I do wholeheartedly agree with Chucky that immigration laws should be enforced. I believe that employer sanctions made law by the Immigration Reform and Control Act of 1986 should be vigorously enforced, as that was the mandate of Congress. Unfortunately, companies and individuals in the United States continually violate the will of Congress by hiring illegal aliens and then if caught, plead ignorance of wrongdoing, as in the recent fiasco of Tyson Foods, showing us once again that the bigger you are, the more you can get away with. Enron anyone? Where's Ken Lay? Now that's big. I do not condone illegal immigration. However, we do not live in a black-and-white world, we live in a world of human beings, and in the case of the United States of America, of human compassion, continually demonstrated by its individual citizens, but sadly dominated by powerful politicians who use issues like immigration to gain advantage for their political careers, whether it is pro or con. Until the politicians take immigration law, and reforming and adequately funding the immigration service, as well as the law, to make both realistic and responsive to the needs of both the country and its citizens and to legal immigrants, we will continue to suffer the results of bad leadership.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Chucky, I see where you're coming from, but I don't think you realize how much the country depends on illegal immigrants slipping through the cracks. Imagine if you can a week during which all the illegal immigant labor would go on strike, and ask yourself what your life, as a law-abiding American would be like. How much are you willing to pay, Chucky, for the lettuce in the supermarket if it is picked by Americans or legalized foreign workers who will demand a decent salary, working conditions and benefits - if you can even get any at all? How much are you willing to pay for that burger or that donut; how long are you willing to stand in line to buy it when the fast food chains are hard-pressed to find legal workers to cook and serve it? Who is going to clean your office building when the maintenance company has to pay workers a liveable wage, with paid vacation, sick days and benefits? Who will bus the tables and wash the dishes at your favorite neighborhood bar and grille? Who will take care of the children of the rich, or their elderly parents who are in need of live-in home attendants? Who will empty the bed pans in the nursing homes where our elderly parents may be forced to spend the last years of their lives? Many of these workers begin their employment with no papers and are later legalized through programs such as 245(i). It may not be ideal, but it is real, and to bury our heads in the sand and wish it wasn't so will not change anything. In fact, ponder this. Many businesses, when faced with what they consider exhorbitantly high labor costs, will opt to go offshore rather than pay up. That's right - they will take their factories across the border, or across the ocean and set up shop in a country where workers don't have all the rights that Americans have worked so hard to safeguard. Perhaps your beef should be with them. I'd like to suggest that a better way for you to look at it is to figure out how our society as a whole benefits by the hiring of key strategic foreign workers. Sometimes these may be software engineers, scientists and multinational executives; sometimes they may be the busboys, janitors and cooks. In either case, they grease the wheels of progress and enable our society and our economy as a whole to move forward, which in turn benefits us all. Where would we be if the Chinese had not built the railroads? Remember that "playing by the rules" is a function of the rules themselves. We can change those rules by legislation and allow workers in certain categories to come in legally from the get go once we recognize the critical shortages in those occupations. Have you heard about some of the midwestern farming communities which are so depopulated that they are actually recruiting immigrants to revitalize their towns? Unfortunately, I fear that some companies may be wedded to the status quo because as long as the government turns a blind eye to the hiring of illegal labor, they can continue to offer those people substandard wages and working conditions. Hopefully, a reasonable compromise can be struck, but it will not be easy.


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Marc Ellis, Gary Endelman

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