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Immigration Daily


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Immigration Daily November 14, 2002
Previous Issues
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Editor's Comments

Today's Immigration Daily features news items for all interests including: an announcement from the INS that it will place aliens arriving by sea in expedited removal, an article analyzing the effect of the election on immigration policy in the next Congress, debate in the Senate on immigration provisions in a Cyber Security bill, two cases, two classified advertisements, and three letters to the editor. Please scroll down to find the item(s) of interest to you.


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Featured Article

Future Of Immigration Policy Unclear In Wake Of Election
Gregory Siskind and Amy Ballentine write "I've decided to reveal a big secret in this week's newsletter. Most immigration lawyers and most pro-immigration advocates are Democrats (myself included). That's probably why so many of my colleagues have been gloomy this week in the wake of Tuesday's midterm national elections. But partisan leanings may be clouding a happy truth - Republicans are increasingly pro-immigration and the future of immigration legislation in Congress may be rosier than the conventional wisdom would suggest."

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Immigration Law News

INS Notice Authorizing Expedited Removals For Aliens Arriving By Sea
The INS published a notice which said in its summary "This Notice authorizes the Immigration and Naturalization Service (``the Service'') to place in expedited removal proceedings certain aliens who arrive in the United States by sea, either by boat or other means, who are not admitted or paroled, and who have not been physically present in the United States continuously for the two-year period prior to the determination of inadmissibility under this Notice. Aliens falling within this newly designated class who are placed in expedited removal proceedings will be detained, subject to humanitarian parole exceptions, during the course of immigration proceedings, including, but not limited to, any hearings before an immigration judge. The Service believes that implementing the expedited removal provisions, and exercising its authority to detain this class of aliens under 8 CFR part 235, will assist in deterring surges in illegal migration by sea, including potential mass migration, and preventing loss of life. A surge in illegal migration by sea threatens national security by diverting valuable United States Coast Guard and other resources from counter-terrorism and homeland security responsibilities. Placing these individuals in expedited removal proceedings and maintaining detention for the duration of all immigration proceedings, with limited exceptions, will ensure prompt immigration determinations and ensure removal from the country of those not granted relief in those cases, while at the same time protecting the rights of the individuals affected."

INS Will Place Aliens Arriving By Sea In Expedited Removal
The INS announced that it will place aliens arriving unlawfully by sea in expedited removal proceedings after they are apprehended on the high seas. INS issued a statement and a fact sheet on this matter.

Senators Discuss Immigration Laws Provision Of Cyber Security Bill
Sen. Hollings (D-SC) and Sen. Hatch (R-UT) engaged in a colloquy on the compliance of immigration laws provision of the Cyber Security Research and Development Bill.

Senate Debates Immigration Provisions Of Cyber Security Bill
The Senate engaged in a lengthy debate on the immigration provisions in the Cyber Security Research and Development Bill.

Smuggling Offense Includes Transportation Within US
In US v. Solis-Campozano, No. 02-50079 (5th Cir. Nov. 12, 2002), the court found that the plain meaning of "smuggling" is not limited to "importing" and "exporting" and that "an alien smuggling offense" as used in the Sentencing Guidelines for sentence enhancement for illegal reentry after deportation includes transporting aliens within the US.

Extreme Hardship Determination Is Discretionary
In Valenzuela-Alcantar v. INS, No. 01-3684 (6th Cir. Nov. 13, 2002), the court said that the extreme hardship determination for suspension of deportation was discretionary, and thus unreviewable under IIRIRA's transitional rules.

Border Patrol Begins Random Checks For All American Drivers To Combat Alien Smuggling
The Washington Post reports "Border Patrol agents began stopping drivers at unannounced, rotating checkpoints Tuesday in two areas of Michigan, looking for illegal immigrants, potential terrorists and drug or weapons smugglers."

Aliens Can Serve In Army, But Not As Airport Screeners
The Sacramento Bee reports "The federal government considered Jeimy Gebin trustworthy enough to serve in the Army but not trustworthy enough to screen luggage at an airport."

Bracero-Type Round-Up Not Possible Today
An opinion column at says "Like it or not, it's not possible simply to round up all the illegal aliens in the country and ship them home. Nor would it be desirable to do so. Our economy is simply too dependent on their labor to withstand a round up of illegals like the one the U.S. engaged in during the Great Depression. Most illegal aliens are gainfully employed doing dirty, often dangerous jobs that Americans won't take, at least not at wages that allow employers to keep the jobs here rather than ship the jobs overseas."

New US Ambassador To Mexico Supports Legalization reports "The Senate confirmed Tony Garza, a close friend of President Bush, to be U.S. ambassador to Mexico on Tuesday ... At his hearing, Garza said foreigners who work in the United States should be able to earn legal status."

Suit Alleges INS Officer Reneged On Promise
The Kentucky Post reports "Three Estonian women who helped the U.S. government successfully prosecute a Hebron couple for operating an illegal immigrant-labor ring here say officials have reneged on promises to allow them to remain and work in America."

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We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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For a listing of current immigration events please click here
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Letters to the Editor

Dear Editor:
I am experiencing trouble when I attempt to use the embedded URLs to read the articles. I always get "page not found", but it is the ILW.COM page not found (not my browser). Since these are embedded, it is not possible to cut-and-paste them. Just to let you know that the letter writer wasn't the only one having trouble.

Just as an example, in the November 4th issue of Immigration Daily outlining the most read articles for October, all direct links to the articles send me to the ILW.COM Page Not Found. The link to more information about seminars, however, works fine. Perhaps the phenomenon relates to the degree of specificity in the link. It seems that the shorter, more generic links work O.K.

Rory Proctor

Editor's Note: Your email program (e.g. Outlook, etc) may be set to word-wrap incoming emails at less than 75 characters, which has been the default word-wrap setting that our outgoing email program is set to. In these cases, long URLs get cut-up into two lines, and you may need to manually cut-and-paste each line one-by-one, and then hit the return key to retrieve the original document. Since the shorter URLs work fine for you, we are almost certain that this is the root of your problem. We are currently experimenting on ways to prevent this from happening to some of our readers. If you see email versions of Immigration Daily in the last few days, you will notice that we have eliminated the word-wrap feature. This may help in either reducing or eliminating the kind of problem you are facing. If this problem persists, we can explore other solutions for our readers.

Dear Editor:
As has been debated in many ILW.COM articles (Jose LaTour) and Letters to the Editor (Ali Alexander), the immigration community is being accused of furthering their own interests in favor of U.S. jobs. . .but then, don't we all? Well, not everyone. Bill Gates and Microsoft have their eyes wide open . . . . . for example this article (in pertinent part) written by Amy Waldman, published in the New York Times . . . . . "New Delhi, Nov. 12 -- Moving aggressively to preserve and expand Microsoft's market share in one of the world's largest emerging markets, the company's chairman, Bill Gates, said today that Microsoft will invest $400 million in India over the next three years. The company will expand its software and product development operations in India and make its Windows operating system and application software more widely available to the exploding new generation of computer users here. . . . . . ." Now, Bill Gates is to be commended for the social programs he is funding in India, but what about the USA . . . what about the ghettos of LA, New York, Chicago, Miami? And, four hundred million dollars in investment, now that's a chunk of change! To bad it's not being pumped into the sagging American economy, but what the heck, the USA will survive and Microsoft will grow, so where's the harm? What's the old saying? . . . . "What's good for Microsoft is good for the nation"?, or was that General Motors? What's the difference? Just one more example of an American corporation selling America out in favor of foreign interests and profits for their shareholders, and the "good of America". Thinking of re-incorporating in Bermuda, 'a'la Stanley Tools, Bill? Or will the Indian subsidiary suffice? The New York Times article goes on to say . . . . "Mr. Gates noted that new communications technology had already created opportunities for thousands of new jobs in India by making it possible to deliver services like customer support effectively from almost anywhere in the world, and he saw room for more despite the recent downturn in technology spending around the world. "If the Internet's potential had been overestimated in the short term,'' it is now being underestimated in the long run, he said. India, already a significant exporter of software and computer services, now has more than 500,000 people working in the technology sector. . . . ." Great, Bill . . . . how many of its devoted personnel has Microsoft laid off in the USA in the past year or two? Perhaps the unemployed ex-Microsoft employees can apply for work authorized visas to India so they can accept the high paying jobs Microsoft will be offering there . . . . yeah, work authorized visas to India for American computer engineers . . . fat chance. And, Bill, how many of your competitors have you driven out of business, forcing them to law off their employees, because of your heavy-handed business style - notwithstanding your recent vindication in the courts? Yeah, you've got great products, and I love to use them, but is going global really the answer? But hey, there's more . . . . the New York Times article goes on top say . . . . "Mr. Gates noted that new communications technology had already created opportunities for thousands of new jobs in India by making it possible to deliver services like customer support effectively from almost anywhere in the world, and he saw room for more despite the recent downturn in technology spending around the world. "If the Internet's potential had been overestimated in the short term,'' it is now being underestimated in the long run, he said. India, already a significant exporter of software and computer services, now has more than 500,000 people working in the technology sector. . . . . " What? . . . .". . . . .customer support effectively from almost anywhere in the world . . "? (I guess Antarctica or the North Pole are off limits to Bill.) Now, what is all this argument about foreign workers coming to the USA to displace US workers? Well, if the mountain won't come to Mohammad, then "Mohammad" will simply get on his private jet and fly to India. End of debate . . . . er, now, hey, pilot, which way is it to Beijing?

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Your links keep crashing Netscape! I have not been able to read any of your articles for the past two weeks.

Aide Arana

Editor's Note: You probably have an old version of Netscape Navigator. We recently redesigned our site, and you may want to upgrade to a newer version of Internet Explorer (or Netscape Navigator) to use all the features of the site.

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. 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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