A Note from the Editors:

Al Qaeda, Immigrants, And The Bill Of Rights

An Editorial in the Washington Post discusses the indefinite unchecked detention of Jose Padilla, the suspected Al Qaeda bomber, and says that "if Mr. Padilla can be locked away without any sort of meaningful review for as long as the United States remains at war with al Qaeda, the liberty of all Americans effectively becomes the hostage of presidential whim ... An unbridled power of military detention will not forever be deployed only against would-be terrorists." As our readers know, Immigration Daily strongly supports efforts to find and destroy Al Qaeda wherever it exists overseas. We take strong objection, however, to diluting our civil liberties at home in the process. And the reason is clear - history shows that powers granted to the executive are hard to take back once the danger is passed, and those powers have a way of being used against everyone, not just against the original targets. On the former point, Al Qaeda will be just a footnote in history books one day, whereas our Republic will, we hope and trust, grow ever stronger and more noble. It is naive to hope that a future legislature will repeal the powers now granted, or that a benign future executive will not misuse them. On the latter point, we suspect that many of the new police powers usurped by the executive, including the one decried by the Washington Post Editorial, will actually be used against Americans, especially on the extreme-right. We wish it were otherwise, but the lessons of Waco and Ruby Ridge lead to just that conclusion. And what does this discussion on civil liberties have to do with immigration? The connection is simple. In defending the Bill of Rights, one has to defend not just the unpopular, but often the debased and vile. For example, defending the First Amendment sometimes requires that pornographers be defended. It is much the same with criminal aliens. The attack on the Bill of Rights today is spearheaded by those who set up immigrants as strawmen to disguise their real aims. In this context, the defense of immigrants becomes one-and-the-same as the defense of the Bill of Rights. And on this issue, we are hopeful that even some in the DHS and DOJ will, at least privately, agree with us.

Articles

Women And Naturalization, ca. 1802-1940: Part 3
Marian L. Smith writes, "The subject of women and naturalization was often as confusing to people in the past as it is to researchers today."

A Legal Guide For INS Detainees: Part 5
The Commission on Immigration Practice, Policy, and Pro Bono of the American Bar Association offers a detailed guide at how to petition for release from indefinite detention.

Florida Immigration Attorney Is Reindicted For Forged Petitions
The Miami Herald reports that "A federal grand jury today reindicted a [Florida-based] immigration attorney for allegedly charging thousands of dollars for bogus paperwork claiming his clients were executives in multinational corporations."

New York Immigration Consultant Is Arrested On Charges Of Defrauding Clients With Promises To Help Obtain Green Cards
New York Newsday reports that "An immigration consultant was arrested on charges he defrauded tens of thousands of dollars from two clients he had promised to help obtain green cards."

Detention: New Obstacle for Asylum Seekers
Carl R. Baldwin writes " If the list of [Special Registration] countries (except for North Korea) is entirely Muslim, one wonders whether "Operation Liberty Shield" is not Muslim-oriented national-origin discrimination."

Immigration Application Approval For Waiting Time Increases
New York Newsday reports that "...What already was an agency drowning in paperwork is getting even more clogged. "It's at the forefront of many folks' concerns, that the waiting times are really going to balloon," said Angela Kelly of the National Immigration Forum in Washington, D.C. "We've already seen them begin to mushroom."

Health-Related Grounds Of Inadmissibility
Gregory Siskind discuss the health-related grounds that render an applicant for a visa, admission, or adjustment of status inadmissible.

Her Ordeal Is Over: An Asylum Chronicle
Christina B. LaBrie writes "it was clear that Mrs. Singh was mostly relieved – relieved that she would never have to testify again about what happened to her in India and relieved that her ordeal was finally over."

What kind of identification should I bring when I visit Immigration?
Read a comprehensive answer from BCIS on what type of identification to bring when you visit immigration.

ILW.COM Highlights

Processing Times Updated

Vermont, Texas, and California Processing Times have been updated.

Letters to Editors

To write to Editors, send emails to weeklyeditor@ilw.com.

Dear Editor:
I am a naturalized US citizen who emigrated to the US in 1981 from Northern Ireland. Recently my 18 year old US citizen son was arrested for his antiwar activity during a peaceful rally in Pittsburgh. From my perspective, it was interesting to see the local police acting like the old B-Specials/Royal Ulster Constabulary (RUC) in Northern Ireland during the civil rights demonstrations in the 1960s-1970s. I wonder how many of the local police with an Irish background had contributed to the Irish Republican Army (IRA)/Sinn Fein (SF) coffers to fight the activities of the B-Specials/RUC in Northern Ireland? Isn't it interesting that civil rights activities abroad that are interrupted by the civil authorities are perceived as police state tactics while similar actions by the civilian police force in the US are seen as punishments against anti-American sentiments? Given present circumstances, I am thinking of returning to the normalcy of Northern Ireland where such police activities have been basically eradicated.

Patrick J. Corr

Dear Editor:
In response to your recent editorial comments entitled, Equal In Heroism, Equal In Punishment, yes, I realize all of us are immigrants, except those native Americans, but the idea that you want to afford non-Americans the same rights and privileges as those who are American or have worked hard to become legal here, and who do not break the law, who pay their taxes and don't sit on the public dole, lacks sense. I've worked in the immigration area for many years. I've assisted many many people obtain their legal status here, and I've seen some real shams. But this business about treating aliens as if they have the rights and privileges of a US citizen or legal alien is unbelievable. Why don't we just open our borders, our homes doors and our checkbooks while we're at it, as if we didn't support half the world with humanitarian efforts to begin with.

Lisa G. W. Mohler

Dear Editor:
My request for a fiance visa was recorded on 10/22/2002 and I was told it would take 60 to 90 days to process. I accepted this as realistic and sat back to wait. Taking into account that the Christmas period was included in the processing period I allowed an extra week before contacting the Texas INS office. When I eventually was able to contact a live person, to say that they were unhelpful and uninterested would be an understatement. Since then I have tried writing, faxing, telephone and e-mail. It seem there is a deliberate policy of ignorance. Any suggestions on how to get them to act as "civil servants"? To balance my comments, I would like to commend the London Embassy visa department. They have a web site with e-mail and their best response time to my enquiry so far has been 5 minutes. I'd like to thank Immigration Weekly for keeping me better informed and preventing me from attempting to swim the Rio Grande.

Ken Gambrill

Dear Editor:
I greatly appreciated ILW.COM's editorial entitled "In support of the war" from the 3/24/03 issue of Immigration Weekly. The reasons you listed for supporting the war it seems have been overlooked by many anti-war protestors. I wonder how many immigration law practitioners have thought of the valid points you bring up? From those I have spoken to and heard from, it seems very few have been able to open their mind to consider your position. I have not heard many people speak out in support of the war, especially with solid arguments to support their position and have felt disheartened because of it. The media has overwhelmingly highlighted the anti-war activity and the opinion forming that all of the US is against this war is untrue and a mistake. Thank you very much for your comments and intelligent explanation supporting your stance.

Jennifer Van Nuys, Immigration Paralegal
Seattle, Washington

Immigrant Life

Immigrant Diary

By Syeda Sara Abbas

"When I first got married and moved to the USA I never thought four words could make a difference. I came to abhor the ring of telephone and those dreaded words, "I am going to be a little late, there is a case in the emergency room."

I am married to a part time husband - a medical resident (a tough clinical training after medical school) who works 120 hours a week and sleeps the rest of the week. I am one of Pakistan's expanding export item - a bride. America has millions of Indians and Pakistani expatriates, but women like me will hardly meet them as my husband has little time to come home, let alone socialize."

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