A Note from the Editors:

Family Immigration And The Rule Of Law

We believe there is no moral justification for any law which deliberately causes the wanton destruction of the basic biological unit of the human species - the family. This fundamental biological unit includes parents and young children (under 18 or similar age), but does not include grandparents, adult siblings, or other members of the extended family. We believe that immigration policy should be set by family, not individual - either admit the entire basic family unit (parents and little children) or don't admit the family unit at all. A law which breaks up the family unit is a violation of this fundamental moral precept. Unfortunately our current immigration laws through the concepts of the FB2A quota, the V visa, etc, institutionalize a cruel disintegration of the basic family unit.

There are those who defend the heartless destruction of the family unit. With regard to such people, in our issue dated June 2, 2003, we said:

"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."

In this context, we are delighted to note that Section 102 of Senators Hagel and Daschle's legalization bill (full text appears in item below) appears to remove this inhuman provision from our immigration laws. Paul Donnelly (formerly Communications Director for the Jordan Commission on Immigration Reform) writes about this welcome development in our Featured Article today (see below).

While we commend Senators Hagel and Daschle for their leadership on this critical issue, we would like to look ahead to what it would take to translate this provision of their bill into law. We believe that a fundamental restructuring of our immigration system is essential to make possible the twin goals of increasing employment-based immigration and preservation of the family unit in our immigration laws. Something is going to have to give - it cannot be one-way all along the give-and-take that characterizes our legislative process. We believe that that something should be the complete abolition of all the other family immigration categories. Only such a radical restructing will bring our immigration laws into harmony with economic reality and biological reality. The debate on this issue is now joined - in the country and in Congress. We look forward with hope to a brighter tomorrow for America and American immigration.

We welcome readers to share their opinion and ideas on this topic with us by writing to weeklyeditor@ilw.com.

Articles

Presidential Papers Historical Series: Special Message to the Congress on Immigration Matters (Dwight D. Eisenhower: 1953-1961)
President Eisenhower sent this message to Congress on February 8, 1956.

IRS Report On Aliens' Use Of ITINs
The Inspector General for Tax Administration of the IRS issued a report addressing aliens' use of Individual Taxpayer Identification Number (ITINS).

Bipartisan Senate Bill Would Grant More Than One Million Visas Immediately
Paul Donnelly writes "... the Daschle-Hagel legislation can be reasonably expected to provide for at least one million new immigration visas immediately, perhaps even twice that."

Text Of Hagel-Daschle Immigration Bill
We bring the full text of S.2010, "Immigration Reform Act of 2004: Strengthening America’s National Security, Economy, and Families" a.k.a. the "Immigration Reform Act of 2004".

Immigration and Offshoring: The Graying of America
Gary Endelman writes "...Far from stealing US jobs, as the nativists would have an unsuspecting public believe, immigration actually acts as a brake on off-shoring."

43,500 H-1B Cases Filed In 1st Quarter FY '04
The USCIS announced that the total number of H-1B cap case approvals and those pending for adjudication account for 43,500 that could count against the H-1B Cap for FY 04.

I-9 Anomalies That Challenge Employers: TPS, Refugees & Asylees, H-1B Transferees And Subcontractor Obligations
Josie Gonzalez writes "While there is no obligation to review the I-9s of one's contractors, the recent allegations of liability by Wal-Mart, over the employment practices of its subcontractors, makes one wonder if increased steps should be taken by management to ensure a contractor's compliance with immigration laws."

USCIS Memo On Special Immigrant Concurrent Filing
William Yates, USCIS Associate Director for Operations issued a guidance memo regarding the recent change of the filing procedures for aliens eligible to file Form I-360 separately or concurrently with Form I-485 under section 101(a)(27)(I) of the INA. For the related Federal Register item, see here. For the technical correction, see here.

Twelve Steps Toward Fulfillment In The Practice Of Law - A Book Excerpt
Carl Horn, III writes "Let's be realistic and honest. In the very best of times practicing law has been a challenging, time-consuming, and often difficult undertaking."

How Do I Apply for Immigration Benefits as a Battered Spouse or Child?
Read a response from the USCIS on to apply for immigration benefits as a battered spouse or child.

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Letters to Editors

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

Dear Editor:
I do believe this new initiative by the respective Senators is a great step to ensure that actual debate do take place in the present year. My concern is that the proposal only makes reference to undocumented workers. What about the thousands if not millions that came here temporarily legally who are now here illegally (by overstaying their vist, working without authorization etc)? Are they being considered too? I applaud the effort, lets see how it plays out in Congress.

Lyonel

Dear Editor:
In response to your editorial, "The Gauntlet is Thrown", Bush's mega-amnesty notion and the Hagel-Daschle proposal for implementing it would be unmitigated disasters for the nation. The presence of 8-10 million illegal aliens in the US, the daily entry of thousands more, and their contribution to a US population growth rate that is higher than that of many third world countries is due to one factor. That is the failure of the federal government to enforce many of our immigration laws. With aggressive interior enforcement, and perhaps some increase in penalties for lawbreakers, we could solve most of the existing problems rather efficiently. In part this would be achieved by creating a system with strong incentives for self-deportation. No version of Bush's plan could work unless it also involved aggressive interior enforcement of immigration law. But Bush, Hagel and Daschle do not even suggest such. To seek a permanent increase in immigration quotas makes no sense. Anyone who cares a whit for the future of their children or grandchildren knows that population stabilization must be our national objective. To achieve that, total immigration (legal and illegal) must be about the same as total emigration, and not ten times greater as is now the case. Since 1990, immigrants and births to first generation immigrants have accounted for more than 98% of California's population growth. This is because, among citizens, births and deaths are about equal because and about the same number of people have left California for other states as have moved here from other states. The net effect of this immigration-driven rush to third world status is that the California population is growing by about 5 million people per decade. In other words, every ten years we have to find space and resources in California for a new population equal to that now living in Los Angeles. Things are just as bad in many other parts of the country. The bipartisan irresponsibility with which immigration issues are being dealt with is overwhelming. With good reason, growing numbers of citizens feel betrayed by the President and Congress. Caveat Caesar et legislatores, the citizens with pitchforks.

Stuart H. Hurlbert
San Diego, California

Dear Editor:
This so-called immigration reform is really the selling out of our country. Too bad Mexico has an excess of people and not enough jobs. They'll never change their decadent way of life if they are allowed to wade in and live off Americans and take Americans' jobs. Any congress fungus who votes this in should be voted out of office.

Mary Kinia

Dear Editor:
The latest proposals on changes to the immigration system will be a complete farce if Congress does not take into account the immigrants in this country. How can President Bush or Senator Daschle know what it feels like to be in our position? My wife and I have been in the US during the past 3 years under an H1B visa. We both hold advanced degrees and each speak 5 languages. We are young, qualified and have a whole future ahead of us. We came to this country because we were promised that we could integrate very easily and that we would be able to pursue our professional dreams in total freedom in the US. 3 years later and we are still under the same status. The green card process looks like the untouchable apple and our lives in here depend solely on our employer's decision not to fire us. It looks like America likes to benefit from our skills and doesn't like the idea of treating us like human beings. The INS procedures are unlogical, inhumane and very much stricter when compared to the immigration of other civilized countries such as France or definitely Britain. Over there, once you are approved to work, you are almost automatically under the permanent residence path. In here, approval for H1B is pretty easy and it slowly turns into a ticket to hell. Hell translates into green card approval. It is impossible to get any information from the dept of labour or immigration authorities. "You are a foreigner" they reply. We need to speak to your employer. What president Bush would like to do is give our type of status (H) to the millions of illegals in the US. This status would give complete control to the employers and give the government the right to send someone back when their employer simply decides they are not needed anymore. You've got to be a stupid illegal foreigner to take this deal. It is almost easier remaining illegal. If this is the true intention of the Bush administration, then this will be the biggest breach of human rights in America. AThis is why we have decided not to believe the politicians' lies anymore and leave this country. We hope that many skilled, qualified and bright foreigners do the same. There is plenty of work everywhere else. And in most western European countries. better rights and much better life styles.

Rafaelo

Dear Editor:
In response to Sen. Daschle's press release, how about this quote? No more amnesty. No more guest workers. Arrest and deport illegals and guard our borders with our military. Uphold our Constitution because this is still America and not Mexerica.

Marty Lich
Eagle County republican Party Precinct Captain

Dear Editor:
This whole immigration crap is done for money. Why doesn't the American public wake up to this fact?

Carl Suhr

Dear Editor:
Our immigration laws and our Constitution are all as pertinent now as they were when they were made. They need to be enforced - not new bills which are just ignored. If this country is going to have good immigrants as it has always gotten through our immigration laws (just as every other country does in the world), then we must demand that people respect them and stop spitting on our laws and on the American people. All of these so-called bills to legitimize criminals are a slap in the face to all American citizens, especially those "real immigrants" that came in legally, their children, their grandchildren and a knife in the back to the Border Patrol putting their lives on the line daily to protect our country. These illegals owe no allegiance to this country, they don't want to become American unless its for their only goal - money. Real immigrants come to be part of this country and give up their allegiance. They are proud to be American and don't expect Americans to speak their language or conform to their customs. That is why we have always remained a strong country. 1/3 of all US prisons are illegals - tons of them were violent criminals before they ever came here. When we have "real immigration" our hospitals don't go bankrupt, nor our schools, nor do our prisons fill up with them. Illegals must be sent back and our borders guarded by the military immediately.

Laura

Dear Editor:
May I suggest that Immigrant's Weekly break its messages up into paragraphs? Much easier to read. Immigrant's Weekly has sent very important information about Hagel, Daschle that should be presented in the most reader-friendly fashion. You are doing very good work and you don't want anyone to miss anything. If you need an example of what I'm suggesting, see Roy Beck/NUSA information alerts.

Joe Guzzardi

Editor's Note: Thank you for your feedback.

Immigrant Life

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