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Immigration Daily September 26, 2003
Previous Issues
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Editor's Comments

Letters To The Editor

In response to a number of queries to today's letters to the Editor, we wish to clarify as follows:

  • We are not biased for or against any letter based on the opinion of its author. We recognize that feelings on immigration are spread across the spectrum from passionately for to passionately against.
  • While we try to correct typos where possible, the strict deadlines of daily publication sometimes result in typos in letters slipping through.
  • Our production process currently does not permit paragraphs in letters.
  • Learning from our experience and in order to keep the letters section interesting to as many of our readers as possible, we have to limit the length of each letter to approximately several hundred words. In the interests of readability, we request our correspondents to write within this limit.
We hope this has clarified some of the issues related to our letters to the Editor section. We encourage everyone to share their viewpoints and dialogue via our letters to the Editor. Letters should be emailed to editor@ilw.com.


ILW.COM Focus

Registration Deadline Is Friday, September 26th

ILW.COM's new telephonic seminar "Current Issues In Immigration For Nurses And Other Healthcare Professionals (PTs/OTs/MTs/MLTs/SLPs-As/Physician Assistants)" is organized in cooperation with CGFNS (Commission on Graduates of Foreign Nursing Schools). The intent of the 3 sessions of this seminar series is to cover the subject holistically, from several approaches.

The September 30 session will cover immigration law issues, including BCIS and VisaScreen issues. The speakers will be distinguished practioners in this sub-specialty of immigration law.
The October 23 session will cover employment issues. The speakers will represent major healthcare organizations.
The November 24 session will cover state licensure and consular processing issues. The speakers will be representatives of State licensing boards and at least one expert in consular processing matters.

The seminar series is designed to be useful to immigration practitioners, recruiters, employers, and other interested parties - we believe that it will materially assist all those with a serious interest in Nurses and other health professions.

The deadline to register is Friday, September 26th. For more info, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/september2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/september2003.pdf


Featured Article

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Immigration Law News

BCIS Guidance Memo On Final Regulation On Certification Of Foreign Health Care Workers
William Yates, Associate Director for Operations of the BCIS issued a memorandum to BCIS service center directors, regional directors, office of international affairs, and BCBP on the final regulation on certification of foreign health care workers.

Joint Farm Worker Legislation Introduced
The Agricultural Job Opportunity, Benefits, and Security Act of 2003 was introduced in both the House and the Senate, the texts of which appear here.

DHS Seeks Comments
The Bureau of Immigration and Customs Enforcement sought comments on Transit Without Visa (TWOV), Application-Checkpoint Pre-enrolled Access Lane, Form I-866; and Arrival Record, Form I-94AOT. The Bureau of Citizenship and Immigration Services sought comments on: Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status, Form I-643.

SSA Issues Final Regulations On Evidence Requirements For SSNs
The Social Security Administration issued final rules effective October 27, 2003 on evidence requirements for assignment of Social Security Numbers (SSNs) for nonwork purposes, including immigration-related provisions.

BALCA Says Employer's Ignoring Request For Documentation Is Proper Basis For Denial
In the Matter of Sonora Bakery Panaderia, No. 2002-INA-245 (BALCA, Aug. 28, 2003), the Board of Alien Labor Certification Appeals said that Employer's failure to produce documentation including tax returns and business licenses was a proper basis for the CO to deny labor certification.

DOS Postpones Machine-Readable Passport Requirement For 21 Countries Until 2004
The Department of State announced that it postponed until October 26, 2004 the requirement that Visa Waiver Program travelers from 21 countries must present a machine-readable passport at a US port of entry to be admitted to the country without a visa.

Voluntary Departure Bond Posting Does Not Trigger Bar To Adjustment Under INA 240B(d)
In Beshay v. Ashcroft, No. 03-2300 (3rd Cir. Sep. 23, 2003), the court said that under INA 240B(d), the posting of a voluntary departure bond did not trigger the bar to adjustment.

Many Vermont Service Center Employees May Lose Jobs Due To Privatization
The Concord Monitor of New Hampshire reports "Ninety-eight immigration officers in Vermont could lose their jobs because the Department of Homeland Security is allowing private companies to bid on the work they do."

Farm Workers Praise Migrant Worker Legislation
The Fresno Bee of Sacramento reports that United Farm Workers of America President Arturo Rodriguez said, "This fundamentally changes the dynamic of farm labor in America," at a jam-packed Capitol Hill news conference. "It frees farmworkers so they can finally join American society rather than hide in the shadows."


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Classifieds

Help Wanted: Experienced Immigration Attorney
Blumenfeld, Kaplan & Sandweiss, P.C. (BKS), a full-service law firm in St. Louis, MO seeks an associate with 1-3 years of employment-based immigration experience. Experience with immigration issues related to physicians is a big plus. BKS offers a competitive salary and excellent benefits. Send resume + cover letter to Chris Williams, Immigration Law Practice Group, 168 North Meramec Avenue, 4th Floor, Clayton, Missouri 63105. No phone inquiries please.

Immigration Law Books
The successful practice of immigration law depends on having immigration statutes and regulations readily available. Immigration attorneys need look no further than Patel's complete reference library for their primary resource needs. Patel's library consists of (4) books: The Whole ACT—INA (Annotated), 20/22/28 CFRPlus, 8 CFRPlus, and Patel's Citations of Administrative Decisions under Immigration and Nationality Laws. Each book contains a detailed topical index, is annotated and is updated annually to reflect the latest changes in regulations. These four books constitute an indispensable library of primary resource materials for any immigration practitioner. For more information or to purchase these books see here.

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

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Letters to the Editor

Dear Editor:
I have just read through Ali Alexander's dissertation (of almost a thousand words) in which he contests the claim Justin makes in his letter that he, Justin, has not met any African-Americans who have concerns that Latinos are taking away jobs from them. Somewhere in reading Ali's letter I got lost with the "blonde" Latina, the "white" Lebanese, the governor of New Mexico and Michael Jackson. I failed to see what these had to do with Mr. Randolph's observation.

Richard E. Baer

Editor's Note: Please see Editor's comments above.

Dear Editor:
In my rush to meet your deadline as I sent it late in the day, a couple of typos slipped through. Your right to edit is recognized although it might be noted you apply it quite regularly to myself, more than others? I have also wondered why you don't just correct obvious typo errors when you edit?

MJ

Editor's Note: Please see Editor's comments above.

Dear Editor:
It is to be expected that the ultra-liberal Los Angeles Times, which is so terrified of Arnold Schwarzenegger's candidacy, would publish almost daily hit pieces about Arnold such as the alleged visa violation in 1971. But when an immigration lawyer like Greg Siskind repeats the piece in his newsletter, http://www.visalaw.com/03sep4/15sep403.html, it's the height of hypocrisy. The Democrats are the ones (which I suspect the majority of the immigration bar, certainly AILA, supports) who are giving illegals in California driver's licenses and free college tuition. And they're worried about some obscure alleged and iffy violation of a guy a generation ago? Just unbelievable. Furthermore, I thought immigration lawyers are supposed to be helping immigrants to adjust their status to permanent residence through section 245(i), which forgives most such nonimmigrant visa violations. Who knows when Arnold got his green card but if the alleged visa violation had been an issue at his adjustment interview, it was surely dealt with by his immigration lawyer at the time. I also suspect that it's because Arnold is a white European immigrant, that the LA Times and their lackeys are concerned about this phony immigration issue. If he were a Latino candidate like Bustamente, they wouldn't have brought this up. Now that the en banc 9th Circuit has resoundingly allowed the recall to go forward again, I say to the LA Times and the other publications to get out of the way of the recall and Arnold. P.S. By the way, why don't you preserve the letter writers' paragraphs. It's extremely burdensome and tiring to read the long letters as one paragraph. Your newsletter is full of paragraph spacings itself. Do the letters' paragraphs impinge upon your publishing software?

Michael D.

Editor's Note: Please see Editor's comments above.

Dear Editor:
In response to Ali's letter. Not that it matters in the grand scheme of things but I come from a lower-middle class background, in a single parent home, and grew up on the predominantly black south side of Chicago. Until I hit college, the public schools I attended were at least 90% black. My city is approximately 35% black, 40% white, and 25% Latino (of all types). I succeeded despite the systemic racism that exists in our country and particularly in our cities. I am for affirmative action to remedy past discrimination and deal with present discrimination. As my mother has been a teacher for 30+ years in the Chicago school system I understand the politics of race in the educational setting but don't necessarily agree with it. I also understand the politics of race in the nation as a whole and that is what I was referring to when I was speaking of the "divide and conquer" crowd. Race, as a political game, isn't limited to any particular race, and Ali's focus on Caucasians is his issue not mine. And yes, race is certainly a social construct since we are all originally from the same place and are all the same race. If more people understood this then perhaps we would stop attacking people of different ethnic backgrounds and we would understand that no matter where a person is from, or what they look like, they are just like you, with the same desires for a good life regardless of whether or not they were properly admitted at the border. Clearly, it is highly unlikely that "a petite blue-eyed blonde" from Uruguay would face discrimination as a Latino - unless she couldn't speak English - as she does not share the physical characteristics that are commonly thought of as being shared by Latinos. Though she might be discriminated against as a woman. Also, internal power struggles within Latino or Hispanic groups (not to mention Chicanos) are wholly irrelevant to how those people are treated as a whole in the US. Additionally, Arab Americans, except a certain Palestinian friend of mine should certainly be treated fairly as all humans should. All Ali is really describing in his letter are the same group struggles that have taken place for years in the US. Irish & Italians used to be the groups that were blamed for "taking" peoples jobs. Now it's the Mexicans. It is really only a big deal to people that don't like the groups in the first place. What's amusing is that some people here even pretend that they care about the "plight" of African-Americans who are apparently losing jobs to Mexicans. I can't imagine that people who revile one group that isn't like them could have it in themselves to care about another group that isn't like them. What should be clear is that I want everyone to be treated fairly and have an equal opportunity. I don't care what color your skin is or what it says on your I-94. I believe our immigration laws are too restrictive and the claim that they are intended to promote family unity are a joke. Five years for a mother to bring her child to the US is inhuman. I believe IIRIRA was a travesty and responsible for irreparable damage to families and our judicial system. If a restaurant hires an undocumented worker because they can exploit that worker then that doesn't fit into my idea of fair. If a restaurant hires an undocumented worker because they are a good worker and the restaurant is treating them fairly, then I don't care. I worked my way through college and law school in bars and restaurants and have seen for myself that both of those situations occur. Lastly, my letter was in response to a previous posting that was statistic & study free. Therefore, I felt a statistic & study free response was equally acceptable. Please, if you have links to studies, post them, or your anecdotes hold no more weight than mine.

Justin G. Randolph
Chicago, IL

Dear Editor:
Chucky's letter did not claim that a serial rapist was representative of illegal aliens. Had he made such a statement, it would be as ridiculous as saying that all illegal aliens are hard working people who don't mean us harm. The fact is that there are both, and because they have not gone through our legal immigration process the only thing we really know about them as a group is their willingness to break our laws. Whether it's a visa overstay who committed fraud in his application, or violated his visa by working, or someone who came without inspection and remains here daily in violation of the law, they disrespect our law and our values. As for how we know the will of the American people, we know it through the ballot box. We have elected Congresspeople who represent us and are accountable to us (when they aren't being bought by special interests). So far, Congress has not seen fit as a body to loosen our immigration requirements, and until they do, those laws should be honored. Those groups aiding and abetting illegal immigrants, including those participating in the so-called Freedom Ride, are imposing their will on us contrary to our stated wishes. A more direct measure of public opinion can be obtained by checking out the major polls by independent organizations such as Gallup that show most Americans want our immigration laws upheld. As for 245(i) not being an amnesty, the law itself is not, since those applying are still eligible for deportation. However, the outcome is an amnesty, you pay your money and you can stay here as if you were never here illegally. To all intents and purposes, that is an amnesty. And if 245(i) is a "solution" to illegal immigration, it's a poor one. The opportunity ended in April 2001, yet we have millions of illegal aliens who have not applied under it, suggesting that they either came after the law, or that they were not eligible at the time it was enacted, that they did not have the necessary family or employment relationships. If the former, then it likely induced them to come illegally. If the latter, well their labor obviously wasn't valuable enough for someone to be willing to sponsor them. As for family reunification, well, why should some US citizens and LPRs be able to bring in their relatives illegally, and have them adjust here under 245(i), while most legal residents and citizens must wait for literally years to even bring their loved ones here because they follow the law? Furthermore, 245(i) diverted resources from serving those who follow the law, forcing them to wait longer to be reunited with their families. Also, just to be clear, visa overstays are not eligible for adjustment under 245(i). And, if they marry a US citizen, they could and still can adjust under 245(a). [corrected 9/25/03 - Ed.] 245(i) generally covered (immigration lawyers, please correct me if I'm wrong) only those who entered illegally.

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 editor@ilw.com. 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.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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