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Immigration Daily


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Immigration Daily April 4, 2002
Previous Issues

Editor's Comments

The most read articles for the month of March were:

The most read items for the month of March were:

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ILW.COM Featured Article of the Day

New ECFMG Rules Make Obtaining J Visas More Difficult
Greg Siskind and Amy Ballentine, write that the Educational Commission on Foreign Medical Graduates (ECFMG), which is the only organization that can sponsor a foreign medical graduate seeking clinical training the US on a J-1 visa, has, over the past few months, made a number of changes that seem to be resulting in a decrease in the number of international medical residents.

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Immigration News

Sentence Enhancement Does Not Require Prior Conviction Of An Aggravated Felony To Be Charged
In US v. Herrera-Perez, No. 01-4223 (10th Cir., Apr. 2, 2002), the court affirmed the Defendant's sentence enhancement even though his prior conviction of an aggravated felony was not set out in the indictment, submitted to a jury, or proved beyond a reasonable doubt.

Immigration User Fee Imposed on Commercial Vessels
The Department of Justice's proposed rule would require certain previously exempt commercial vessel operators and/or their ticketing agents to charge and collect a $3 user fee from every commercial vessel passenger whose journey originated in the U.S., Canada, Mexico, a territory or possession of the United States, or an adjacent island.

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Immigration in the Press

Immigrant Says Legal Status Was Bait For Fraud
The Orange County Register reports on scam schemes defrauding immigrants including one which involved staging a phony citizenship ceremony, which included the recitation of the Pledge of Allegiance and an oath administered by a man dressed in a judge's robe.

Letters to the Editor

Dear Editor:


Instead of EWI meaning entered without inspection, it would be interpreted as entered WITH inspection referring to fully documented workers with complete official background checks—a giant step in security control.

As for the undocumented Mexican workers who are already here in our country living an underground existence in the shadows, President Fox wants consideration of them. They provide the third largest source of Mexico’s income and are important to that country. We can help Mexico by bringing these undocumented workers out into the light for identification, to be screened (another big step in security control) and be given official recognition. These are the “willing employees” that President Bush wants to match with our “ willing employers”. For our security, we should know who they are and where they are. Mexicans number 58% of the total undocumented population in our country (Central Americans, another 20%). These total “shadow” workers at present provide over 620,000 of our construction laborers, about 10% of our restaurant workers, almost one fourth of all of our domestic help, and millions more in other job sectors (Pew Hispanic Center Report). In addition, 2.5 million (almost half) of our agricultural hands are undocumented immigrants.

How can a “willing” employer, say of a domestic or a restaurant worker, who wants to hire that “willing” employee legally, do so? He/she can’t. For example, at this time there is no legal way for 250,000 Americans to establish individual legal relationships with the 250,000 domestics now in their households. One person I know, who wanted to legally employ an undocumented caretaker for her father, was told that, even if it were possible, the DOL process could take five to seven years!


Richard E. Baer, D.V.M.

To read the whole letter, click here

Dear Editor:

I'm writing to say that I appreciate the editor's comments in the 4/3/02 edition of the "Daily". As a retired BP (Border Patrol) Agent and a present union representative for the NBPC (National Border Patrol Council), I believe that my views are quite different from those of your organization, but I appreciate your willingness to allow the "other side" to speak.

I certainly won't defend INS management, but they don't deserve all the blame for the mess at INS. Their biggest fault, as a group, is that they lack courage. For at least the 41 years since I joined the BP, they have done exactly what Congress and the administration wanted. They knew there were problems, and they probably knew what should be done to fix them; they just didn't have the will to tell their political bosses. (At INS, you're not a "team player" if you call attention to a problem.) As you and Mr. Jose Latour have noted, the employees at INS who actually provide services, do inspections, enforce the laws, etc., are willing to do the job. But the higher up the "food chain" you go, the more politicized the process becomes and the less reality is involved.

I would humbly disagree with the editor on a couple points. First, I would not "continue to welcome" as many immigrants as we do at present. Second, it seems to me that "the problem" is exactly one of "immigration enforcement and policy". If, after a national debate, the "policy" is to admit more or fewer immigrants, that policy should be "enforced". INS, with proper oversight, should be given the mandate and resources to provide the necessary services and to enforce the laws.

John H. Frecker
Baileyville, ME
BP (ret.)

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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. Correspondence to Letters may be edited and may be published and otherwise used in any medium.
Editorial Advisory Board
Marc Ellis, Gary Endelman

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