With this issue, Immigration Daily begins its third year of publication. We would like to thank our readers whose loyalty, correspondence, and support for our products and services has brought us this far. With your continued support, we expect to continue to fulfill our function of covering immigration law news in as much depth and scope as our resources make possible. A Letter to the Editor today commends our "continuous improvement" mind-set. We thank the writer and assure our readers that we expect to continue to improve the Daily not just in our third year, but hopefully for many years beyond that.
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House Of Representatives Bill To Replace The INS Raises Questions
Carl R. Baldwin writes that the recently passed House Bill to abolish the INS raises more questions than it answers.
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Immigration Law News
Bill To Abolish INS Arrives In Senate
H.R. 3231, upon arrival in the Senate was referred to the Senate Judiciary Committee.
Senator Criticizes Hi-Tech Immigration
In discussing the Andean Trade Preference Act, Sen. Hollings (D-SC) suggested that there never was a shortage of hi-tech workers in the 1990s, nor a need to retrain workers at that time.
INS Supports Administration Position On Restructuring
INS released a statement saying that it "supports the Administration’s position regarding INS restructuring."
Entry-Exit Program To Begin By Awarding Contract
INS announced a competition for the Entry-Exit tracking program for the initial funding of which President Bush has requested $362 million in his FY 2003 budget. The statement also said: "The first phase of the project will begin later this year, starting with collecting and matching the arrival and departure data of aliens from the Visa Waiver countries."
Presidential Proclamation Identifies Attorneys As Advocates For Clients
In proclaiming "Law Day", President Bush stated "attorneys are zealous advocates on behalf of their clients, helping to ensure that each one receives full and fair representation."
INS Seeks Comments
INS is seeking comments from the public on the following forms:
Visa Waiver Nonimmigrant Arrival/Departure Document; Form I-94W,
Guam Visa Waiver Agreement; Form I-760,
Notice of Appeal of Decision under Section 210 or 245A of the Immigration and Nationality Act; Form I-694,
Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the Immigration and Nationality Act; Form I-612,
Waiver of Rights, Privileges, Exemptions and Immunities; Form I-508,
Petition to Classify Orphan as an Immediate Relative and Application for Advance Processing of Orphan Petition; Form I600, and
Baggage and Personal Effects of Detained Aliens; Form I-43.
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Congress, Not Agency, Is Largely To Blame For Failure In Immigration System
David Martin, INS General Counsel from 1995 to 1998 writes in Law.com that: "The Immigration and Nationality Act turns 50 this June. It has become encrusted with a host of complex provisions that took shape largely because of petty congressional maneuvering. They serve their intended beneficiaries badly and impede sensible management ... the INS resides on the fault line of America's deep ambivalence about immigration ... our legislators will find in their mirrors a significant source of the problems at the INS."
Essential Workers Essential To US Economy
Immigration attorney Gerry Chapman writes in the Charlotte Business Journal "opponents of immigration reform encourage illegal activity -- smuggling -- and support a system that blatantly interferes with the law of supply and demand."
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Letters to the Editor
You're doing a great job, and your "continuous improvement" mind-set is commendable. Thank you for providing this valuable service, and keep up the "good work".
When Congress discusses how to abolish INS, they should assure new immigrants that the pending case in INS can be fairly processed in time.
The purpose of my reference to the Middle East atrocities in the introduction of my letter of 4/23/02 was to begin by recounting horrific crimes that hate can cause, be it blowing to bits innocent civilians by a suicide bomber in Tel Aviv or crushing alive an innocent child by a military bulldozer in Jenin. We, too, suffered an unforgettable tragedy as a result of hate on Sept. 11. These were all extreme wrongs.
In continuing my letter with a report on the two undocumented immigrants and their treatment by INS, it was not with an intention of creating a moral equivalence between the atrocities and the detentions. I do believe the INS agents were over zealous in the performance of the apprehensions and they committed a wrong. Lack of compassion can cause wrong. I would like to remind readers that wrongs can begin benignly with insensitivity and inconsideration, and can escalate to ill will, prejudice, and malevolence and even to hate (as is the case in the Mid East).
The two apprehended workers will recover from their humiliation but if further prosecution results in their deportation, it will cause them irreparable harm and suffering. It will cause them wrongs.
I am a compassionate person and with my letters I try to influence others to be the same. I am sensitive to the mistreatment of everyone no matter where it occurs. (If someone writes that my feelings and my writings about my feelings are absurd, so be it.) I read the letters of those who appear to care less about what will happen to the couple and their family, and concluded that there are some writers who actually want them to be deported. These are people whose self-righteousness makes them oblivious to the sufferings of others.
The immigrant couple about which I wrote was happy in their work and their employer was happy with them. Why can’t there be some way of assuring that the relationship continues? That is the solution we should be working towards for them and for others. Why should INS want to deport them back to a life of poverty from which they had escaped, destroying all they have gained in the past six years and ruining their hopes and dreams? This may be legally correct but it is morally wrong.
The couple has hired a lawyer to fight any deportation proceedings. It brings up the question that, if they should be deported, what will become of their three children who are American citizens? As citizens, they have the same inalienable Constitutional rights as you and I. Would their citizenship be revoked? That is unconstitutional. Could they, American citizens, be deported with their parents to Mexico? A citizen cannot be deported. Could they be forcibly taken away from the parents and placed in foster care? That would be the cruelest form of inhumanity, breaking up a functional family.
Throughout the history of our country new immigrants have faced discrimination. Xenophobes spread fear that the new arrivals would take over the country but it has never happened. The new immigrants of the past, our ancestors, took pride in seeing their children and their children’s children assimilated into the American way
of life and it will happen much the same with the present immigrants and their offspring when they are given that opportunity.
Mayor Guiliani in his farewell address to New Yorkers said that: “the key to our success as a city, the reason we are the most famous city in the world, and the
reason why we really are legitimately the capital of the world is just one thing: immigration.” One of the reasons why we are the most powerful country in the whole world is immigration.
I want to conclude by commenting that the letter of Karmell Bowen of 4/26/02 was a valuable and eloquent contribution to the discussion on immigration that we are carrying out in our Letters to the Editor.
Richard E. Baer, D.V.M.
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