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Immigration Daily October 6, 2003
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Editor's Comments

Presidential Papers Historical Series

We are delighted to announce our new historical articles series featuring past presidential public papers related to immigration law. This has been made possible by the efforts of John Wolley and Gerhard Peters of the Department of Political Science at the University of California, Santa Barbara who spearheaded the American Presidency Project and have gathered these important archival documents. They have kindly granted us permission to reproduce these materials. The papers of our past Presidents show the impact of immigration law in American history. Much of the day to day material of Immigration Daily consists of original source documents for immigration law and that's why in bringing you some historical material we have chosen to bring you important source documents of the past. We hope that the perspective of the past will help us all better deal with the problems of the present. We very much look forward to our readers' reflections on these important historical immigration law documents in the form of future letters to the Editor or Featured Articles.


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Featured Article

Presidential Paper Historical Series: Limiting the Immigration of Aliens Into the United States on the Basis of National Origin
President Herbert Hoover (1929-1933) signs Proclamation 1872, limiting the immigration of aliens into the us on the basis of national origin.

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Immigration Law News

DOL Seeks Comments On ETA 750A, 750B
The Department of Labor sought comments on the ETA 750A and 750B forms. In its request to OMB for review, the DOL says that the burden on the public to complete the ETA 750A and 750B forms in a labor certification application is 2.8 hours per application.

DOS Seeks Comments On DV Form
The Department of State sought comments on Supplemental Registration for the Diversity Immigrant Visa Program, Form DSP-122; and Electronic Diversity Visa Entry Form, Form DS-5501.

Rep. Tancredo Says Matricula Consular Is A Stealth Amnesty Program
During a debate in Congress, Rep. Tancredo (R-CO) said, "So an illegal alien in this country can obtain this particular card and with it can obtain all of the other documents they need to become essentially citizens, really, in a way. It is a stealth amnesty program."

Rep. Jackson-Lee Supports 245(i)
Rep. Jackson-Lee (D-TX) in a Congressional session said, "I believe we should pass 245(i) to reunite our families."

Immigrant Freedom Ride
Rep. DeLauro (D-CT), Rep. Roybal-Allard (D-CA), and Rep. Sanchez (D-CA) spoke on the floor of the House of Representatives offering their support for the Immigrant Freedom Ride.

BALCA Says Documentation Submitted In NOF Is Not Considered
In the Matter of Apex Interiors, Inc., No. 2002-INA-152 (BALCA, Sep. 3, 2003), the Board of Alien Labor Certification Appeals said that Employer was now belatedly attempting to submit the documentation requested by the Certifying Officer in her notice of finding.

BALCA Compares Foreign Specialty Cook With Specialty Cook
In the Matter of Rubino's Pizza, No. 2002-INA-00167 (BALCA, Sep. 4, 2003), the Board of Alien Labor Certification Appeals said that the position for which certification was sought by Employer was actually that of Specialty Cook according to the DOT and not Foreign Specialty Cook as argued by Employer. The BALCA discussed the job duties on the ETA 750A form and compared that with the DOT job descriptions for these two different occupations. The BALCA also noted that spaghetti, pizzas, and calzones amongst other italian dishes have now become standard American fare.

No Settled Expectation Where Petitioner Files Asylum Application Before IIRIRA's Effective Date
In Lopez-Urenda v. Ashcroft, No. 02-70455 (9th Cir. Oct. 3, 2003), the court said that "that [Petitioner] did not know of the specific change, enactment of IIRIRA and its permanent rules abolishing suspension of deportation, does not mean that he had a settled expectation that proceedings would commence before any such change took place." The court also said that Petitioner did not have any settled expectations that he would be placed in deportation rather than removal proceedings because he had no expectation that the INS would deny the application.

Immigration Reform On The State And Local Level
A Washington Post op-ed writes "There is perhaps no clearer symbol of how immigration reform has been paralyzed than the fact that Bush barely mentions the "I" word in his speeches now."

Legalization Proposal Enjoys Bipartisan Support
The Miami Herald reports "A pair of bills that would bring legal status to many undocumented immigrants enjoys support among both Democrats and Republicans."

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Letters to the Editor

Dear Editor:
Please find attached a letter by Senators Santorum, Kennedy and Brownback to the Bureau of Citizenship and Immigration Services Director Eduardo Aguirre cc:ed to Under Secretary Asa Hutchinson regarding Malik Jarno, a mentally retarded Guinean orphan, for your reference. This letter follows individual correspondence on Malik's plight sent by a total of thirteen lawmakers, Amnesty International members and the ARC, a national association for the mentally retarded. The thirteen other lawmakers who have written to the Department of Homeland Security are the following: Chaka Fattah (D-PA), Frank Wolf (R-VA), Pete Sessions (R-TX) and ten members of the Congressional Human Rights Caucus, Caucus Chair Tom Lantos (D-CA) and members Christopher H. Smith (R-NJ), Todd Platts (R-PA), Donald M. Payne (D-NJ), Dennis J. Kucinch (D-OH), John Conyers Jr. (D-MI), Betsy McCollum (D-MI), Barbara Lee (D-CA), Sheila Jackson Lee (D-TX) and Elijah E. Cummings (D-MD). All have urged redress in Malik's unique plight. I thank you for your consideration.

Christopher Nugent, Holland & Knight LLP
Washington, D.C.

Dear Editor:
Justin Randolph's letters continue his misleading comments by erroneously stating that I had, "predicted a civil war due to the evils of miscegenation" and remarkably equates a reasonable and entirely objective advocacy of limited immigration to the strident views of the KKK. The facts are that I have never commented upon the inter-marrying of races and only mentioned that some views had been expressed that excessive immigration and the resulting separatism could lead to civil strife. Whether this strife results in a civil war or "mere" Balkanization is not so important as the observation that the highly touted benefits of a diverse society seem to break down when immigration is excessive. If Mr. Randolph chooses to laugh and misconstrue comments, I can only refer him to Ecclesiastes 7:3-6. It is also remarkable that an immigration attorney could be ignorant or choose to remain oblivious to excessive immigrations many negative effects and separatist movements such as the Black Panthers or MEChA. MEChA is an acronym for Moviemiento Estudiantil Chicano de AZTLAN (Chicano Student Movement). AZTLAN refers to the US southwestern states which MEChA claims were stolen from Mexico (disclaiming the Treaty of Guadalupe Hidalgo, $15 million paid and other considerations), must be reconquered (Reconquista) and reclaimed for Mexico. MEChA stridently advocates separatism with the ultimate goal of revolution and the overthrow of the US government. MEChA is a growing and increasingly militant presence on university, high school and junior high school campuses. Typical of their statements are, "The ultimate ideology is the liberation of Aztlan", "We do not seek assimilation; we seek self-preservation of our culture and language", "Chicanos have to get a lot more militant about defending our rights", "This land is ours and always will be." "When the people in this building don't listen to the demands of our community, it's time to burn it down!" "You are living in Nazi U.S. We can't let them take us to those intellectual ovens." While the KKK has all but faded into oblivion, these groups have taken its place. For Mr. Randolph to equate rational and objective observations of this phenomenon to hate, venom and a KKK view, when these groups actually are the modern day equivalents, is beyond being disingenuous. The observations and concerns of millions of Americans as typified by the following articles can not be ignored or dismissed as Mr. Randolph would (mis)lead us to believe: "Allegiance --- Have We Thought About It" "Legal Immigration is a Problem Too" "Is Mexico Reconquering U.S. SouthWest?" Mr. Randolph should know that I have just concluded a lengthy construction project with a Latino friend, working very harmoniously together with future projects pending.

R. L. Ranger

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Marc Ellis, Gary Endelman

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