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Immigration Daily August 29, 2002
Previous Issues
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Editor's Comments

In today's Featured Article, Gary Endelman writes "It is precisely when the headlines scream the loudest that we must step back from the moment, take a deep collective breath, and quietly set about the task of doing something for our clients and our country. There are those who say this is not the right time to boil things down to their essentials, that such big picture initiatives are best dealt with in more tranquil times when we have the leisure to think about them. Such a respite may never come."

Among the many insightful points in his article are these:

  • "We need much tougher enforcement and much higher levels of immigration. Opponents of immigration should no longer be able to frustrate immigration through arbitrary or capricious enforcement that clearly goes beyond what Congress intended. At the same time, supporters of immigration must stop acting as if September 11th never happened. They have nothing to fear from honest enforcement motivated by a sincere desire to protect not to punish."
  • "Repeal employer sanctions which encourages disrespect for the law and contradicts the ability of willing workers and interested employers to help each other. Eliminate the underground economy and use the taxes from those who live in the shadows to fund social security for the foreseeable future. An aging America must expand its tax base before the baby boomer retirement tsunami hits. Immigration is the the only way to do it, short of raising taxes or cutting benefits, neither of which is politically acceptable."
  • "Both supporters and opponents of immigration must learn to trust the culture of capitalism and believe in its legitimacy."
To read the entire article, click here.


ILW.COM Focus

Pose Your Question To INS, DOL, DOS - Deadline Is In One Week

ILW.COM's new seminar course "INS, DOS, DOL - The Search for Consistency" features Jacqueline Bednarz (INS), Steve Fischel (DOS) and Harry Sheinfeld (DOL). Leading the discussion will be distinguished practitioners Ron Klasko and Tammy Fox-Isicoff who are justly reputed to be dynamic and incisive speakers. Each of the seminar course's 3 sessions features 30 minutes of Q&A with the speakers.

Many complex immigration issues require resolution with more than one government agency. Examples include H-1B and adjustment portability, 245(i) labor certification grandfathering, ACWIA issues, 212 waiver issues, changes in location or salaries of H-1Bs, changes from adjustment of status to consular processing, substitution of experience for education, J-1 issues and consular readjudication of approved petitions.

Many opportunities exist to ask the INS or the DOL or the DOS for that agency's position on particular issues. However, this seminar is a rare opportunity to confront three of the most knowledgeable government officials in one forum to resolve issues where their respective agencies have taken contrary or inconsistent positions.

For more info, including detailed curriculum, speaker bios, and registration information online, click here.
For more info, including detailed curriculum, speaker bios, and registration information by fax, click here.


Featured Article

When You Come To A Fork In The Road Take It: A New Immigration Law For America
Gary Endelman writes that despite the current crisis in immigration, now is the time to take a step back, look at the larger picture, and think about a complete overhaul of our immigration system, including a re-writing of the entire Immigration Act.


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Immigration Law News

DOJ Press Release On Sixth Circuit Decision
The Department of Justice issued a press release on Detroit Free Press v. Ashcroft, No. 02-1437 (6th Cir. Aug. 26, 2002).

California Unlawful Sexual Intercourse With A Minor And Iowa Going Armed With Intent Are Crimes Of Violence
In US v. Gomez-Hernandez, Nos. 01-3789 and 01-3819 (8th Cir. Aug. 28, 2002), the court found that Defendant Alcaras-Navarro's California conviction for unlawful sexual intercourse with a minor under the age of sixteen by a person twenty-one years of age or older was an aggravated felony because the order granting him probation was not a judgement and because the California court never declared his conviction to be misdemeanor, and that he committed a crime of violence; and that Defendant Gomez-Hernandez's Iowa conviction of going armed with intent for hitting an bar employee with a hammer was a crime of violence.

Each Alien Smuggled Is A Separate Violation
In US v. Rashkovski, No. 01-50374 (9th Cir. Aug. 28, 2002), the court said that the District Court did not err in calculating Defendant's sentence by counting each alien smuggled as a separate violation of 8 USC 1324(a)(2)(B)(ii).

Text Of House Amendments To Bill Abolishing INS
Amendments to H.R. 5005 (the Homeland Security Bill which abolishes the INS) as adopted by the House Committee on the Judiciary made on July 10, 2002 are now available.

INS Seeks Comments
INS sought comments on Inspection of Persons Applying for Admission, Transit Without Visa (TWOV) and International-to-International Agreements; Certificate of Satisfactory Pursuit, Form I-69; HRIFA Supplement to Form I-485 Instructions, Form I485C; and Notice of Naturalization Oath Ceremony, Form N-445.


Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/

Immigration Law Has No Room For Grandma Of Children Of US Sailor Killed In Pentagon On 9/11
The Washington Times reports "Three times since September 11, Navy widow Marinella Hemenway has been handed ceremonial folded American flags "with the thanks of a grateful nation." Now immigration officials of that "grateful nation" say Mrs. Hemenway´s aged mother must go back to Italy, leaving her daughter and preschool grandchildren to mourn alone for Petty Officer 1st Class Ronald F. Hemenway, who died at his Pentagon desk on September 11."

245(i) Is Issue In Republican Senate Primary
The New Hampshire Union-Leader reports that the Republican Senate primary in that state finds the two candidates divided over immigration.


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Letters to the Editor

Dear Editor:
In a recent editorial, the Washington Post lists the challenges inherent in reforming our immigration bureaucracy and policy to enhance both national security and economic security. In light of Immigration and Naturalization Service (INS) Commissioner James Ziglar's resignation, the editorial stresses the importance of finding a replacement for Commissioner Ziglar who can as aptly manage both the enforcement of our nation's immigration laws and the improvement of service provision to newcomers.

The Post also makes some suggestions as to how these goals can be met institutionally. It recognizes as a first step the importance of adequately structuring our nation's immigration functions within the new Department of Homeland Security. The Post writes: "House-passed legislation would split the INS between the new department and the Justice Department, a bad formula that not only separates activities that should be related, but also could make it even harder to get the attention and funding needed to improve the agency's service operations. That must be corrected before any bill becomes law" ("Immigrants Aren't the Problem," Washington Post, August 27, 2002).

The Administration's own proposal also fails to effectively organize the immigration functions, burying them with a host of other agencies such as the Transportation Security Administration and Coast Guard in a "Border and Transportation Security" division. This structure virtually guarantees mission overload within that division, and does not give our immigration functions the attention they need at such a critical time.

A Senate proposal for the Department of Homeland Security, S. 2452, scheduled for floor action once Congress returns, intelligently organizes and elevates all immigration functions within the new department. This section of the bill must not be amended, as it puts the new immigration director in the best position to "manage reforms and enhance border protection without losing sight of the core commitment to civil liberties and to fair immigration policies."

Douglas Rivlin
National Immigration Forum


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 editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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