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Immigration Daily


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Immigration Daily April 23, 2002
Previous Issues

Editor's Comments

The INS seeks to hire 8,000 new employees. To this number in fiscal 2003 (beginning October, 2002) will be added 4,000 further new hires for the Border Patrol. Over the last five years, INS has been the fastest-growing major federal agency. In part, this is the result of the large numbers of immigrants arriving at our shores. However, increased complexity in immigration law is also partly to blame for the increased workload at the INS. Simplicity in immigration law is something that both sides in the immigration debate can support. Unfortunately, simplicity forces Congress to make decisions which are bound to be unpopular with some group or another. From Congress' point of view, a complex law has two major advantages: (1) obscurity hinders free analysis and debate, protecting Congressmen from public criticism of their decisions and (2) in a complex scheme, Congress can leave the tough decisions to the Executive and the Courts letting them take the blame for the actions which Congress did not have the courage to take. So, despite the virtues of simplicity, the smart money would probably bet on continuously increasing complexity in immigration law over the next five years. Immigration lawyers are sure to be in demand to help those affected deal with the results of the complexity.

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Law Is Not Just an Art, It Is a Business

Most lawyers really like their craft. They take pride in knowing the ins and outs of the tomes of government policy and procedure, and in using their knowledge to help their clients. However, law is not just an art, lawyers must pay bills too. Whether they like it or not, most lawyers run what amounts to a small business. To run a small business well lawyers need to know about marketing, finance, fee-setting, disaster management and many other business issues in addition to knowing the law. A well-run law practice which generates a good profit will in fact free up the time lawyers need to improve their expertise in law. Profits buy you peace-of-mind. However, just as it takes effort to become good at knowing and using the law, it also takes effort to learn how to make good profits in your law practice. Which is why ILW.COM invited Ed Poll to present a telephone seminar on the BUSINESS of law. Ed practiced law for 15 years, and has helped many lawyers (including immigration lawyers) to improve their profits. His advice has helped solo practitioners, small partnerships, and also large firms. This seminar is interactive and full of practical, hands-on tips. In becoming a successful businessperson, you not only help yourself, you also help your employees and customers. Running an efficient business and making a good profit will even free up the time you need to take up deserving cases pro bono. Please click on the links below to learn about this seminar series. Don't delay! The deadline to sign up is Wednesday, April 24th. Click on the links now! (If you have a scheduling conflict, or have any questions, please e-mail for assistance.)

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Featured Article

Another Call For Immigration Reform, This Time From Many Voices
Jose Latour says that his hackles rise every time the AFL-CIO pipes up as a "pro-immigrant voice."

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Immigration Law News

INS Federalizes INS Detainee Information
INS promulgated an interim final rule governing public disclosure of information about INS detainees.

Procedural Safeguards Not Required When Court Orders Alien Delivered to INS
In US v. Brotherton, No. 01-4825 (4th Cir. Apr. 22, 2002), the court held that the District Court must observe specific procedural safeguards only in direct judicial deportations, but such safeguards are not necessary when the District Court merely orders the Defendant to be delivered to the INS as a condition of supervised release, because the Defendant will receive the proper procedural safeguards by the INS.

Congressional Testimony From AILA and Families of September 11
Testimony on The Enhanced Border Security and Visa Entry Reform Act before the Senate Judiciary Committee by Kathleen Campbell Walker on behalf of the American Immigration Lawyers Association and by MaryEllen Salamone, Director, Families of September 11 is now available.

INS Seeks To Hire 8,000 New Employees
INS is hiring 6,000 officers and 2,000 support personnel.

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Other Items

Police Officer Says Undocumented Immigrants Stand On Same Corner As His Grandfather
The Bergen Record as reported on quotes Fairview, NJ Police Officer Ronald Bononno who doesn't see how arresting the Central American men he sees on the corners, waiting for contractors to pick them up for a day of work, will ensure national security: "They're trying to make a living, that's what they're doing here. Should they have come legally? Sure, they should have. But they're just working here, standing right on the same corner where my grandfather Carmine did when he came from Italy, to wait for people to pick him up for work."


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Letters to the Editor

Dear Editor:

In the news media we are bombarded daily with stories of atrocities…from scenes of killings by suicide bombers to those of alleged human massacres. We are exposed to pictures of mass destruction - a woman digging with her bare hands in the rubble of what was once her home, searching a partially exposed (and decomposed) body of a young boy buried in that rubble.

We read of a knock on a door - of a couple being given ten minutes to get ready before they are whisked away from their children to be taken to a detention center for finger printing, strip-searching and incarceration.

The bombing and massacre stories are reported from the Mid-East; the apprehension story is from a community in our own country. It is one of at least thirty apprehensions that have recently taken place in Yuma, Colorado (Population, 9,841). (Immigration Daily, 4/19/02) The events have depleted the town’s work force according to the article. Immigrants are hiding in friends’ cellars in fear, afraid of coming out to report for work. INS federal officials are accused of raiding homes and staking out stores where immigrants shop. Colorado State patrolmen are cooperating with the INS agents.

Were the INS agents reacting to the recent humiliations of their agency? Is it a coincidence that the arrests occurred in the home state of the country’s most xenophobic anti-immigration U.S. Representative in Congress?

What was the crime of the apprehended married couple? It was that the two were undocumented Mexican immigrants (and, yes, the wife was accused of giving a false social security number to an employer). This particular couple had lived and worked in Yuma for more than six years, own their own home and have four children, three of whom are U.S. citizens. “We only want to work”, one of the immigrants volunteered.

Their employer must think a lot of this couple as he has posted the $10,000 bond needed for their release. Here is an example of a “willing employer “ and “willing employees” that Pres. Bush wants to match up, but when is he going to do something about it?

The townspeople think a lot of the immigrants in their community, too. “You just see the kids and their families”, a counselor at Yuma Middle School said, “You see how much they mean to you and how much they contribute to the community.”

“We are enforcing the law”, an INS spokesperson was quoted as saying.

Do the atrocities published day after day in the media inure the senses so that they become commonplace? When abuses such as were reported from Yuma are perpetrated against helpless people does it fail to arouse our compassion?

The knock on the door in the dark of the night, arrests and abductions, the tearing apart of families, the humiliation of strip-searching, and detention is an outrage and this type of hostility will not help to solve the immigration problem.

Senator Dodd (D-CT) at a Senate hearing stated that the immigration issue is one that is not going away (Immigration Daily, 4/19/02) and the San Diego Union Tribune reported Senator Kennedy (D-MA) as saying “Immigration is not the problem, terrorism is” (Immigration Daily, 4/22/02). The Attorney General of South Carolina said he was planning to lead a crackdown on “illegal aliens” in his state (Immigration Daily, 4/16/02). Hopefully Congress will take up the immigration problem and find a constructive and realistic solution before more regrettable actions are undertaken.

Prejudice can yield bitter fruit. Why do some writers bear so much enmity against the immigrants in our country?

Richard E. Baer, D.V.M.

Dear Editor:

I believe I understood Mr. Yates' point in his letter to Immigration Daily 04/19/2002 all too well. He repeats his argument that our legal immigration system does not let immigrants easily obtain work in the US. To which I reply, why should it?? He later goes on to talk about all the workers who lack formal education and couldn't easily obtain work here, or how they wouldn't get jobs "sight unseen". He seems to be implying that these workers should have ready access to jobs here, and that not having it "forces" them into illegal entry. He also ignores the negative impact illegal workers have on the work opportunities of recent (legal) immigrants and low-skilled citizens. A recent LA Times article noted the widespread difficulty that young Latino men (citizens, who speak English and have high school diplomas) are having getting entry-level jobs in part because illegal immigrants will work for less. Finally, the family reunification program allows many uneducated and unskilled workers entry to the US, if they have a family member to sponsor them.

As for his contention that developing countries don't have widespread internet and telecommunications availability--it's ironic, but actually adoption of these proceeds more quickly in developing societies because they do not require extensive investment in infrastructure. When I was in Turkey and the Middle East, my students were far more familiar with cell phones and the internet than I was--if they didn't own a PC themselves, there were public PCs they could use for e-mail, web surfing etc. In fact, just last week, I was reading where, in Honduras, internet phone calls are catching on and where public facilities for making them are a business opportunity, much in the way public phone booths operate. True, not everyone has access, but then, we have a lot of class differences in internet usage in the US. By the way, I got my current job, paying a very nice salary, using only the internet to apply, and a couple of brief (less than half hour) phone interviews. So, some employers do, in fact, hire sight unseen.

Ali Alexander

Dear Editor:

It is interesting that Mr. Frecker believes that he can speak for the majority of Americans when he states that they would favor a 'decrease' in immigration. To which 'Americans' is he referring, and what poll results support his conclusion? I would hazard a guess that the opinions on immigration reform and levels are as varied as the opinions of letter contributors to this forum.

I am always a bit wary of people who claim to know what the majority is thinking...

Next time, perhaps the writer will give us the benefit of seeing the data on which he bases his assumptions.

Christine M. Flowers
Philadelphia, PA

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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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