A Note from the Editors:

Buchanan And Election 2004

Much of the attention concerning Election '04 has been focused on the Democratic candidates for President. However, there are other candidates who would like to shake things up for President Bush. Pat Buchanan's recent articles hint that he will run as a third-Party candidate on an anti-free trade, anti-immigration, anti-Bush foreign policy platform. Mr. Buchanan suggests that a "challenge from the Right" would take away enough votes from the GOP President to ensure the election of a Democrat and send Mr. Bush home. The Buchanan threat has immediate implications for immigration attorneys. Mr. Bush may not push for legalization in 2004 with Mr. Buchanan lurking in the shadows - and without the President's support, legalization is not likely to happen. While the anti-immigrationists remain a miniscule group (despite their loud claims to the contrary), anti-immigration is but one of Mr. Buchanan's planks, and one must bear in mind that even a 5% diversion of votes to Mr. Buchanan may tilt the election away from Mr. Bush. With the Democratic candidate sure to support strong pro-immigrant legislation, Mr. Bush's position on immigration in 2004 will serve as a barometer of his confidence in his message for the GOP. The 2004 election is a year off, but its immigration-related effects are already being felt.

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

Articles

USCIS Training Materials On The Family Sponsor Immigration Act of 2002
This document is the USCIS training material for its employees on the Family Sponsor Immigration Act of 2002 (courtesy of David H. Nachman of Grotta, Glassman & Hoffman, P.A.).

Declare Victory And Go Home: The Solution To Illegal Immigration In America
Gary Endelman writes "The immigration laws of the US do not make economic sense and that is the reason why illegal immigration is pervasive and persistent."

Presidential Determination on FY 04' Refugee Admissions
The White House released the Presidential determination of refugee admissions numbers for FY 2004.

USCIS Glossary Of Terms
This document is the USCIS list of glossary and acronym terms (courtesy of Brent Poirier, Esq.).

Successor In Interest: M&A And Extended Horizon For Multinational Executives/Managers
Pravinchandra Patel writes "One specific issue of great significance that frequently arises in the context of mergers & acquisitions (M&A), and impacts multinational executives or managers in either an EB-1-3 immigrant visa classification or a nonimmigrant L-1A classification."

Text Of Legislation To Extend Eligibility To Vietnamese Refugees
We reproduce the introduced legislative text of H.R.2792 to extend eligibility for refugee status of unmarried sons and daughters of certain Vietnamese refugees (courtesy of Phiet Nguyen and Marc Ellis).

Printed Marketing Materials: 10 Common Mistakes Lawyers Should Avoid
Dion and Robert Algeri share tips on how to avoid making mistakes with printed marketing materials for attorneys.

Sen. Kennedy Supports Immigration-Related Benefits For Armed Forces
Sen. Kennedy (D-MA) in support of the Defense authorization bill and its immigration-related provisions said, "These immigration provisions in the bill are a tribute to the sacrifices that these future Americans are already making for their adopted country."

How Do I Apply for Temporary Protected Status?
Read a detailed response from the USCIS on how to apply for temporary protected status.

ILW Highlights

Curriculum For "All In The Family" - Current Issues In Family-Based Immigration

The curriculum for "All In The Family" - Current Issues In Family-Based Immigration is as follows:

FIRST Phone Session on November 20: Marriage ("Married - With Children")

• Lists of documents for bona fide marriages
• Fraud and Stokes interviews
• Removal of conditional status
• Separation, divorce, annulment issues
• Fiance(e)s
• K and V visas
• Unmarried Partners

SECOND Phone Session on December 11: Inadmissibility, Visa and Financial Issues ("One Day at a Time")

• Entry issues-245(i)
• Arrests, inadmissibility-waivers
• 3 and 10 year bar waivers
• Removal Defense
• New procedures for NTAs
• Recent changes in enforcement practices
• Affidavits of support

THIRD Phone Session on January 8: Children's Issues and Legislative Changes ("Eight is Enough")

• Child Status Protection Act - Age out protection for children of Permanent residents, refugees and asylees, and DV lottery winners
• Step children
• Children born out of wedlock
• Adoption
• DREAM Act and other Pending legislation

Letters to Editors

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

Dear Editor:
The Presidential Paper Historical Series article entitled, "113 - White House Statement on Government Policies To Reduce Immigration" showing how the Hoover administration changed immigration policy by fiat is instructive, but, as always, some background will help. In the first month of his administration (March 1929) Hoover proclaimed the national origin quotas as required by law. In an accompanying statement he stated his opposition to national origins - Hoover knew enough statistics to know how shaky its empirical base was - but noted that he was "strongly in favor of restricted and selected immigration." In December, 1929 - after the crash but before the depression Hoover declared that restriction of immigration had proved "a sound national policy." But, in typical progressive fashion, he still maintained that it ought to be possible to find "a method by which the limited number of immi­grants whom we do welcome" suit "our national needs." A year later however, Hoover told Congress that: "There is a need for revision of our immigration laws upon a more limited and more selective basis, flexible to the needs of the country." Under the impact of the beginnings of the Great Depression, the President had determined that national needs dictated far fewer immigrants. "Under conditions of current unemployment it is obvious that persons coming to the United States seeking work would likely become either direct or indirect public charges. As a temporary measure the officers issuing visas to immigrants have been...instructed to refuse visas to applicants likely to fall into this class. As a result the visas issued have decreased from an average of about 24,000 a month prior to restrictions to a rate of about 7,000 during the last month. These are largely preferred persons under the law. Visas from Mexico are about 250 per month compared to about 4,000 previous to restrictions. The whole subject requires exhaustive reconsideration." In December 1931, almost 9 months after the document under discussion, he recommended to Congress that these administrative restrictions "be placed upon a more definite basis by law," that deportation laws be strengthened and that all aliens in the country be forced to carry residence certificates, a form of internal passport. These proposals were not acted on by Congress. In his final annual message, the defeated president had nothing further to recommend about immigration, but during the 1932 campaign he had taken credit for "rigidly restricted immigration." Thus, with the kind of creative reinterpretation of the law usually credited to his immediate successor, Hoover completely changed the meaning of the "l.p.c. clause." In 1882 the original phrase had been "paupers or persons likely to become a public charge" and the intent had been to exclude, not poor persons, but persons incapable of supporting themselves. But Hoover's claim of credit was misleading. The new administrative interpretation of the "l.p.c. clause" had actually begun at the tail end of the Coolidge administration. As early as September 1928 the State Department instructed American consular officials in Mexico to apply standards more stringently. Hoover's directive gave consular officials enormous latitude, which some used with murderous effect a few years later. The new interpretation of the old clause was eventually stretched so that many consuls were able to require immigrants either to have substantial assets in their possession or a sponsor in the US who would file an affidavit attesting a willingness to support the immigrant if necessary and an ability to do so.

Roger Daniels, Charles Phelps Taft Professor Emeritus of History
University of Cincinnati

Dear Editor:
President Truman's "Special Message to the Congress on Aid for Refugees and Displaced Persons March 24, 1952," must be understood as a political document in opposition to the pending Immigration and Nationality Act of 1952, a.k.a. McCarran-Walter Act, which Congress would pass over his stinging veto a little over a month later. In early September 1952, just as the presidential election was heating up, Truman established, by executive order, a special Commission on Immigration and Naturalization composed of former federal officials and representatives of VOLAGS. Its report, Whom We Shall Welcome, published as the Truman administration was ending, was never formally considered by Congress. Yet Whom We Shall Welcome did become a liberal icon. The Truman commission's report provided a national agenda, some of which was adopted piecemeal during the Eisenhower administration. It was largely realized in 1965, with a final element accepted in 1980 when Congress recognized the right of asylum.

Roger Daniels, Charles Phelps Taft Professor Emeritus of History
University of Cincinnati

Dear Editor:
I have a friend of 10 years who's a Mexican with family, wife and 2 sons. One son is a citizen. He worked for same company for 8 yrs and was considered an excellent employee. This young man is the kind of person we would want all citizens to be like. He was a founding member of habitat for humanity and served the board well for 6 yrs. He was on the board of a local youth social service that serves 80 troubled children. He was a member of a service club and coached little league. He volunteers his language skills teaching other hispanics english. He also is very active in his church and is a liaison between the local church community and the hispanic community. Not only does he teach, but he volunteers his interpreting skills throughout the community interpreting for police, city, hospital, emergency service, etc. He interpreted for a murder case about 4 yrs ago. The prosecuting attorney asked him to be a witness but told him he wanted no surprises. He felt it was his duty and agreed, and immediately went to the police chief and told him he was here illegally. the chief reported him to the ins. After 2 interviews he received a paper authorizing him to work. He has reported each year to renew the authorization and each year it was renewed. Then several weeks ago, he went again and they would not renew and told him to report to a deportation agent. His employer had to place him on leave with no pay and no insurance. Are our immigration laws meant to harm people like my friend, leaving him in such a bad situation?

Chuck Hird

Immigrant Life

Immigration Weekly Exclusive

Driving Lawlessness Down America's Throat
Barbara Vickroy and Frosty Wooldridge write "Not mentioned in the Freedom Ride was a growing form of lawlessness whereby American citizens are shouted down as if it's okay for illegal aliens to break federal laws."

Have a story that you'd like to share with us? Send your story as an immigrant to weeklyeditor@ilw.com.

This week's chat schedule

ILW.COM announces that as of Nov 1st, all chats will be held at 6:00 pm Eastern Time.

When	Attorney
Monday Nov 17 6:00 pm Eastern Time	Fariba Faiz, Esq.
Wednesday, Nov 19 6:00 pm Eastern Time	Mira Mdivani, Esq.
Friday, Nov 21 6:00 pm Eastern Time	To Be Announced

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