INS intends to hire 2,000 Border Patrol Agents for the Southwest Border before September. If applicants do not possess a Bachelor's Degree, they must "have a year of work experience — demonstrating decisiveness under stress, analytical ability and good interpersonal skills." Using common sense, the INS's requirements are quite reasonable. However, if a US employer attempted to do this in a labor certification context, several problems would immediately arise, for example: (1) Unlike the 1 year that the INS requires for Border Patrol Agents, a Bachelor's degree is equivalent to 2 years of experience per Department of Labor, and 1 year of university study is equivalent to 3 years of professional experience per the INS's I-129 adjudicators (Corrected May 8, 2002). (2) An employer petitioning for an alien would not be permitted to use subjective criteria such as "decisiveness under stress, analytical ability and good interpersonal skills" as requirements for any position. This just goes to show the nature of the Labor Certification process which is completely detached from reality. When President Bush finally comes up with proposals for "earned legalization" for undocumented aliens, that will offer advocates for employment immigration a chance to get rid of the "labor certification" requirement in favor of something better like, say, a point system.
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Nurses And Allied Healthcare Workers - IIRIRA Section 343 - VisaScreen And Updates, Part 1 of 2
Frieda Wong and Bernard P. Wolfsdorf in the first part of their two-part article write about recent issues concerning credentialing of health care workers.
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Immigration Law News
House Judiciary Committee Report To Abolish INS
The House Judiciary Committee has sent to the floor of the House a 234 page Report to abolish the INS and replace it with an Agency for Immigration Affairs.
Other News From Congress - Senate Amendments Consolidated, Cuban Visa Revoking Protested, etc.
Senate amendments to the Enhanced Border Security and Visa Entry Reform Act of 2002 (EBSAVERA) are now available in consolidated format. Sen. Dorgan (D-ND) protested the State Department's revoking of visas previously granted to a group of Cuban officials. At the request of Sen. Allen (R-VA), Sen. Clinton (D-NY) was added as a cosponsor of S. Res. 185, a resolution recognizing the historical significance of the 100th anniversary of Korean immigration to the United States.
Border Patrol Is Hiring
INS plans to hire more than 2,000 new Border Patrol Agents nationwide by September 30, the end of FY 2002.
INS Seeks Comments
INS is seeking comments on guarantee of payment, form I-510; petition by entrepreneur to remove conditions, form I-829; notice of naturalization oath ceremony, form N-445; and change of address card, form I-697. INS has extended the comment period on alien address report card, form I-104 and ABC change of address form and special filing instructions for ABC class members; forms I-855 and M-426.
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Congressman King Says Arab Immigration Should Be Halted
According to a report on Newsmax.com, Rep. Peter King (R-NY) said: "Perhaps it's time to consider actually stopping immigration from countries which harbor terrorists and countries which do not fully comply with us on terrorism. That would include most of the Arab states, quite frankly."
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Letters to the Editor
I have to respond to Richard Baer's absurd attempt in
your April 23 issue at creating moral equivalency
between suicide bombers in the Middle East and INS
agents detaining Mexican illegal aliens in Colorado.
The two are so far apart that they cannot be grouped together on the same plane of
culpability. Palestinian suicide bombing, I have to
remind Mr. Baer, is "homicide bombing", yes, murder,
as the White House has recently reminded us. Are INS
agents murdering Mexican families as in many Third
Finger printing, strip-searching and incarceration are
necessary and legitimate law-enforcement tasks for the
INS agents to perform. Did they beat the detainees?
Did they torture them? Did they otherwise violate
their due process rights? I don't think so. There
will always be the occasional violations by some
overzealous agent, but that's what civil rights
attorneys are for. Where was Mr. Baer when the LAPD
hauled Richard Blake off to prison from his
comfortable ranch house with maybe half an hour
notice? Or was it simply our police enforcing
criminal laws and doing whatever was necessary to
protect public safety?
To me, Mr. Baer's view is similar to that of the
blame-America first crowd who undermine our campaign
against terrorism by alleging that we commit
"atrocities" against the terrorists. If Mr. Baer
wants to talk about real atrocities, why is he not
protesting the situation in Sudan where millions of
Christians are being enslaved, tortured, and
slaughtered by the Islamic government? Maybe because
the mainstream media isn't covering it.
Liem Doan, Esq.
Dr. Baer comments on the crackdowns on illegal immigrants in Colorado and
elsewhere. The simple fact is that the people who have been arrested are
breaking the law. They knew it when they came and they knew it when they
stayed. They played the odds, betting that the INS would continue to ignore
the law, and lost. They are here illegally, working illegally, and in the
case cited, committing fraud. Using a false social security number is a
minor offense? Wait until someone steals your identity, as was recently
done to me, and find out how difficult it can be to get your life, and
credit record, back. Not to mention the expense to us all in higher costs
for goods and services. As for the couple's employers thinking well enough
of them to post bond--too bad he or she didn't think enough of them to
sponsor them under 245i last year, or better yet, from the start.
Ms. Flowers was concerned that Mr. Frecker was making up poll results. As a
statistician, I am well aware of the dangers in polling and in presentation
of data. Ms. Flowers may like to go to
http://www.fairus.org/html/04120604.htm for a summary of reputable (such as
Gallup, Harris, Roper, Zogby) polls on immigration. Although this site is
sponsored by FAIR, the sources are given, and most importantly, so are the
questions asked. She can determine for herself if the wording is biased and
the presentation of results skewed. One critical question that should be
asked of respondents, and doesn't appear to have been, is do they know
(correctly) how high immigration levels actually are? My guess is, they
don't. Which may actually mean the results understate opposition to current
levels. Immigration is one of those issues people are not likely to have
had an informed opinion on unless they had a personal reason to care (at
least until Sept. 11). Of course, for a better reflection of what people
are actually concerned about, we may want to look to our Congressmen--they
respond to public opinion personally expressed to them, or they don't stay
in office long. And Congress seems to have decided, for now at least, that
amnesties and unfettered immigration are NOT what the public wants.
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