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Immigration Daily June 2, 2003
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Editor's Comments

Why The Law Should Be Broken

The very existence of the Family-Based "2A" quota cruelly breaks-up nuclear families. The spouses and young children (under 21) of permanent residents are heartlessly separated due to the very concept of this quota. The spouses and children of US citizens are treated completely differently - these are subject to no quota. What moral basis exists to treat nuclear families differently? Is the bond between a husband and wife, or between parent and child, any different when seen in US citizens or green card holders? It would be better to not give someone a green card at all, then to force him/her to live away from his/her near and dear ones.

Anti-immigrationists are united in insisting on the sacredness of the rule of the law in the field of immigration. They insist that those who break immigration laws are, by that very fact, not worthy of becoming Americans. Insofar as this applies to those callously separated by the barbarism of the FB-2A quota, we say - Phooey. It would be more than understandable if the spouse and young children of a green-card holder overstayed their visas and became "illegal", or even entered illegally - it would be an entirely moral thing to do. Those who believe that spouses should live apart, or that young children should spend years away from their father or mother, just because a wicked Congress made an arbitrary law, have a warped view of human nature. If they truly believed that the majesty of the law should be upheld, they should support the abolishing of the FB-2A quota, since this inhuman quota undermines any respect for immigration law. As to the point about the worthiness of law-breakers to become Americans, the anti-immigrationists would be on sounder ground arguing that those who choose to *follow* the law and agree to live apart from their spouse and young children, are not worthy of being Americans.

The pro-immigrationists are largely complicit in this immorality. Advocates on the Hill are preparing for a major H-1B battle later this year. If the choice is between the FB-2A concept, or the H visa, we say abolish the H. We yield to no one in valuing the immense contribution of immigration to the American economy. But no amount of money is worth condoning the abomination which is the separation of nuclear families. Pro-immigrationists can find no worthier cause than in insisting on not fair, but simply human treatment for the spouses and young children of green card holders.

Ultimately, the fault - and the choice - is with Congress. Every American who represents their constituents in Congress needs to ask himself or herself - is their any basis to giving an alien a green card, and tell him/her - leave your spouse and young children behind for years? Is this American? Is this even human? The ball is in Congress's court.


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Featured Article

Race, Nationality, and Reality: INS Administration of Racial Provisions in US Immigration and Nationality Law Since 1898, Part 7 of 8
Marian L. Smith writes "The evidence that INS administrators were dissatisfied with the agency's racial classification systems, shown by the revision of naturalization forms and elimination of Hebrew from the List of Races or Peoples, makes another INS decision of the time appear even more curious."

A Legal Guide For Detainees: Actions Brought Against INS Or Other Law Enforcement Officials For Personal Injury Or Property Damage or Loss: Finale
The Commission on Immigration Practice, Policy, and Pro Bono of the American Bar Association offers a detailed guide (105 pps.) at how to bring actions against INS for personal injury or property damage. This is a compilation of the (3) articles in the series that originally appeared in each Monday's issue beginning in the May 12, 2003 issue of Immigration Daily.

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Immigration Law News

DOS Adds INTELSAT To International Organization Definition For INA Purposes
The Department of State makes final, effective May 30, 2003, the interim rule, which added INTELSAT (following privatization) to the regulatory definition of "international organization", but only for purposes of the Immigration and Nationality Act. The rule also clarifies the status of the organization and the personnel affected.

Petitioner's Claim Does Not Survive Demore v. Kim
In Aikens v. Reno, No. 02-2534 (2nd Cir. May 29, 2003), the court said that it found no merit in Petitioner's claim because the Supreme Court's recent decision in Demore v. Kim held that the detention of "a criminal alien who has conceded that he was deportable, for the limited period of his removal proceedings," was constitutional.

2nd Circuit Remands In Light Of Demore v. Kim
In Zgombic v. Farquharson, No. 00-6165 (2nd Cir. May 29, 2003), the court remanded the case to the district court for consideration of the facts of this case in the light of the recent Supreme Court decision of Demore v. Kim.

63,000 H-2B Visas Issued Last Year
The Philadelphia Inquirer reports "Foreign workers are landing seasonal jobs in affluent US suburbs in unprecedented numbers, thanks to a little-known visa program that is ballooning to serve a booming suburban industry: landscaping."

Federal Court Indicts Two In Marriage Fraud Scheme
New York Newsday reports "Two California men are accused of running an immigration scam by arranging fraudulent marriages in Cambodia."

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Letters to the Editor

Dear Editor:
In response to a letter to the Editor who likened a "immigrant" to a fellow going to his "neighbour's" farm because the "immigrant's" farm could not support him, let's take this a bit further. Suppose the neighbour never really owned the land he farms on. Suppose he found the riches on the land already held by an original owner and occupier. Suppose the neighbour then subdued the original owner and assumed ownership of the inherently rich land. Suppose the neighbour with the help of new neighbours developed and enhanced the riches of the land and made it the envy of all. Suppose while doing that, the neighbour took children of the immgrant to till the land and pick the fruits, and build the dames and cities. Suppose the neighbour also coverted the immigrants inherent riches to develop the neighbour's land also. Suppose the neighbour also allowed members of the Immigrant's children keep stolen money from the immigrant in the farm to be used to develop the farm. Now will it still be that bad if some later immigrant's children left the land depleted partly by actions of the neighbour to make a better life in the Neighbour's "farm". These new immigrant's children hold no grudge but just want the opportunity to culviate a piece of the neighbour's farm while paying taxes to the neigbour which in turn helps develop and expand the neigbour's farm. Let the previous reader search his conscience. By the way, the writers ancestors "were" the children of the immigrant. So he should stop thinking like the neighbour.


Dear Editor:
What is truly amazing about yesterday's Name Not Supplied letter is how many falsehoods and misleading comments can be packed into a short letter. No limited immigration advocate has ever endorsed "death" for border crossing. They have properly pointed the responsibility for such tragedies towards those who encourage, promote and create the conditions that bring them here. As "invasion" is defined as "an intrusion or infringement", nothing could more accurately describe the mass, illegal phenomenon, just as illegal alien is the correct description of those invaders, rather than apologists' misleading and often used "undocumented workers". And contrary to comment, polls show that most Americans desire less immigration. Earlier immigration cannot be compared with radical changes that have taken place since President Johnson's 1965 Immigration Reform Act which overturned traditional immigration policy and replaced it with the most liberal, "easy access" policies in history. As a result, about one million legal immigrants come each year, plus unknown, but large, numbers of illegals radically changing America in numerous, profound ways. It is even more ridiculous to attempt a comparison between early Indians and todays complex, evolved society and to characterize citizens as squatters. Americans have every right to restrict and control entry as all nations do, includng Mexico. Such illogical comments can only be made from a position of complete denial of reality or intentional deception and/or myopic self interest.

R. L. Ranger

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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