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Immigration Daily June 10, 2003
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Editor's Comments

Immigration And Socialism Are Opposites

In today's Featured Article, attorney Greg Siskind presents a point-counterpoint email exchange with a noted anti-immigrationist. A salient issue the Mr. Siskind highlights is the fact that many anti-immigrationists, including many opposed to the H-1B visa, are in fact socialists opposed to free markets and to capitalism. For those on the right who value the blessings of freedom (among which are free markets and capitalism), the fact that most anti-immigrationists consider themselves on the political right should be cause for embarrassment. Among its many other fine arguments, Mr. Siskind's article brings out this oft-ignored point in detail and color. We commend Mr. Siskind for taking the time to make several cogent points in his intelligently argued letter to the anti-immigrationists, and we hope that more immigration attorneys will follow his example.


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Featured Article

Point Counterpoint: Greg Siskind v. Rob Sanchez On The Immigration Debate
Gregory Siskind provides our readers with a letter exchange that resulted from recent comments I made criticizing an unbalanced CNN report on the H-1B cap debate.

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Immigration Law News

Aliens Released For Deportation, Exclusion, Or Removal Ineligible For Gratuity
The Bureau of Prisons of the Department of Justice issued a final rule stating that only aliens released to immigration authorities for release or transfer to a community corrections center are eligible for a gratuity of up to $10.

FRA Requires Citizenship Check As Part Of Employment Application
The Federal Railroad Administration of the Department of Transportation issued a notice stating that as part of the employment application process, Class I railroads conduct background checks on all new hires, also requiring information concerning previous military service and citizenship status.

DOJ Announces Guilty Plea For Visa Fraud
The Department of Justice released a press statement announcing that an individual pleaded guilty in US District Court in Sacramento, Calif., to one count of conspiring to defraud the US, bribe State Department officials and commit visa fraud.

No Intent Exception To Entry Definition For Legalization Applicants
In Assa'ad v. INS, No. 01-16153 and 02-13474 (11th Cir. Jun. 5, 2003), the court rejected Petitioner's argument that her return to the US following her brief absence was not an "entry" and found that the exception for "brief, casual, and innocent absences" in 245A(a)(3)(B) was expressly limited to the continuous physical eligibility requirement and did not affect the generally applicable definition of what constituted an "entry" into the US under former INA 101(1)(13). Petitioner had applied for legalization pursuant to IRCA.

California Vountary Manslaughter Is Crime Of Violence
In US v. Bonilla-Montenegro, No. 02-50141 (9th Cir. Jun. 9, 2003), the court said that the district court appropriately enhanced Defendant's sentence because the offense of voluntary manslaughter under California's penal code provision was a "crime of violence" for purposes of USSG 2L1.2.

No Gender Claim Where Derivative Citizenship Sought From Father
In Barthelemy v. Ashcroft, No. 01-71529 (9th Cir. Jun. 9, 2003), the court amended its original opinion dated May 23, 2003, where it said that Petitioner did not have derivative citizenship under INA 321(a)(3), 8 USC 1432(a) because his parents never married and hence could not legally separate. The court also said that perhaps Congress should have carved out an additional route to citizenship for those whose fathers have naturalized and have custody over their children but who never married the natural mother of their children.

6th Circuit Says Form EOIR 33 Not Required To Notify Address Change
In Beltran v. INS, No. 02-3230 (6th Cir. Jun. 9, 2003), the court said that the notice requirement of 1229(a)(1)(F) was not meant to be an overly burdensome requirement and that if the alien provided, or caused to be provided, notice of a change of address in writing, he satisfied the statute. The court also said that section 1229(1) required written notice, not necessarily on Form EOIR-33. The court held that 8 USC 3.15 was not a mere interpretation of the statute, and it did not find that 8 CFR 3.15 represented a reasonable interpretation of the statute because it adds additional requirements not contemplated by Congress.

13,000+ To Be Expelled, Likely The Largest Wave Of Deportations In Wake Of 9/11
The San Francisco Chronicle reports "More than 13,000 of the Arab and Muslim men who came forward earlier this year to register with US immigration authorities, roughly 16 percent of the total, now may face deportation, government officials say."

Asylum For 38 Golden Venture Chinese Refugees Still Pending
New York Newsday reports "Ten years after the Golden Venture freighter ran aground off New York, [Rep. Platts (R-PA)], who has been fighting for asylum for the Chinese refugees it carried says he is growing "impatient" with the delay in resolving their residency status.

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Letters to the Editor

Dear Editor:
I see a lot of opinions about "expected" 245(i) and I do not think it will help. I took advantage of Clinton's 245(i) amnesty, paid $4000 to an immigration consultants company and filed an ETA-750 on April 31, 2001 with the Department of Labor (DOL) in Tallahassee, FL. I checked out the status of my ETA-750 in December 2002 and I was told, they are working on date April 17, 2001 and because more ETA-750 from this amnesty still need to be worked on, I can expect an answer in the next 2-3 years. I checked out the latest status last week and I was told they are working on the first week of April 2001 (they went even back in the last 6 months). How many years it takes to get just through an ETA-750? (And there is point to waiting because the restaurant which applied for me doesn't exist anymore.) If I could get my greencard I can work as a financial manager (as I did in my country) with my experience and university degree and I would be able to make over $100K a year. By paying taxes I would benefit this country more then I do now where I work 31 days a month, 9 hours per day at night as a member of the floor crew for a nationwide chain store working, contracted out for minimum wage, without overtime pay. I do not pay taxes (and neither does my employer who contracts me out) and sometimes I do not get a paycheck at all but I can't complain because I'm undocumented. I believe that the new 245(i) will not solve anything, it will give just false hope to more people, working now as slaves - without documents, benefits, insurance, the ability to get paid for their work, driving cars without a drivers license and insurance, etc.... There are big backlogs at the DOL and BCIS. The only way to resolve this problem is to provide full amnesty to all undocumented aliens and have BCIS hire more workers to reduce the backlog. To fund the additional hiring needs, I would charge for example a $5000 fee for an expedited green card.

Name Not Provided

Dear Editor:
Here in Southern California, we live in a world of immigrants, both legal and illegal. We see illegals every day, on the street corners of Orange County seeking construction work; in the homes as house cleaners and on the lawns of Newport Beach, trimming and mowing; in the fields of Irvine, performing stoop labor, jobs Americans do not want, or at least do not want at the wages, and with the lack of benefits, illegals receive. But do we really see these illegals as people - fathers, sons, brothers, mothers, daughters, sisters and grandparents? Those of us fortunate enough to have been born in the US can easily take a smug attitude toward immigration and especially toward those who have come to the US illegally, as economic refugees from the Southern Border, seeking wages for an honest day's work; a life unavailable to them, and opportunities they cannot achieve, in their countries of birth. It is easy to brand these people as law breakers and scoff laws, people to be held to a lesser level of respect. But it is not these people who are to blame. It is the leaders of the governments who have over decades, in fact, centuries, not provided their countries with the leadership needed to insure success, while at the same time becoming some of the wealthiest people in the world. As an immigration lawyer, I am asked on a weekly basis, by immigration hopefuls from around the world, "Why can't I get immigration benefits, when all these illegals are here working?", hostility frothing from their tone of frustration. A naive question, which I answer with a statement of truth and another question, "You can stay illegally. Would you like to be an illegal alien?" Regardless of the arguments pro or contra on the issues of US immigration, 245(i), guest worker programs or outright amnesty for law breakers, the reality is that while the economic scales between the US and all of its neighbors to the South remain so abysmally disparate, we will continue to see economic refugees, willing to risk all for the promise of a better life, coming accross the border, no matter how high we build the wall or how many Border Patrol or vigilantes patrol the fine line in the sand in the southern desert that defines where America begins and the rest of the world ends. But is the life an illegal alien finds in the US really better than the life he or she left behind, or is it just another set of hardships?

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I was unable to print the documents about BCIS and e-filing that appeared in the May 30th issue of Immigration Daily. Is it possible through another way?

Name Not Provided

Editor's Note: Thank you for bringing the printing issue to our attention. We have looked into those links and we have identified the problem you told us about. Those documents are now fixed and you should not have any problems printing them out.

Dear Editor:
Endorsements of 245(i) amnesty, as if there are no alternatives, are myopic as more appropriate solutions are available as have been discussed in this forum, most recently by Ali Alexander who suggested sanctions against employers. All such policies that would decrease the out of control immigration invasion should be pursued including a vigorous deportation program. It should be obvious to anyone except special interests that accommodating legals and illegals only leads to more excessive numbers that effects US in many negative ways as discusses. The deportation program that was pursued in 1954 was highly successful and the deterrent effect was great. Most Americans have expressed the overdue need today to reduce immigration With severe unemployment and government budget problems, our situation now is much changed from that of 200 years ago, and no amount of nostalgic reference to earlier years, idealistic novels and poems or attempts to alter definitions of invasion or illegal aliens will change that. Comedian Robin Williams recently came out with a common sense, Ten Point Peace Plan that captures this new mood and includes the following in reference to immigration: " We will withdraw our troops from all over the world. They don't want us there. ....[deleted for copyright reasons]. The Statue of Liberty is no longer saying 'Give me your poor, your tired, your huddled masses.' She's got a baseball bat and she's yelling, 'You want a piece of me'?" Excessive immigration advocates need to face the reality that particularly since 9/11, Americans want less immigration, not more, with cheapened citizenship by fiat and/or illegal entry. For those who require something more inspiring and less direct than Mr. Williams plan or actual reality, I have included Sir Walter Scott's "My Native Land" from "The Lay of the 14st Minstrel," CANTO VI. "Breathes there the man with soul so dead Who never to himself hath said, This is my own, my native land! Whose heart hath ne'er within him burned, As home his footsteps he hath turned From wandering on a foreign strand? If such there breathe, go, mark him well; For him no minstrel raptures swell; High though his titles, proud his name, Boundless his wealth as wish can claim, Despite those titles, power, and pelf, The wretch, concentrated all in self, Living, shall forfeit fair renown, And, doubly dying, shall go down To the vile dust from whence he sprung, Unwept, unhonored, and unsung." This is called "love of country" and "patriotism" and while others should always be treated with respect, their concerns should not come before our own.

R. L. Ranger

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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