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Immigration Daily December 11, 2002
Previous Issues
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Editor's Comments

A heartrending news report in the Rocky Mountain News describes the ordeal of an undocumented mother as follows: "Imagine being ordered, not 48 hours after childbirth, with six stitches burning in your perineum, to bend over, spread your buttocks and cough. Imagine not seeing your baby for 13 days." The report goes on to say that this inhuman treatment, is far from being an aberration: "This is procedure, Fred Oliva, the jail director tells me. It sounds harsh, he admits. Cold- hearted even. But, he says, his job is security. All pregnant women in custody must go through the same shackle and strip-search routine. He doesn't know their history, doesn't need to know. All inmates follow the same rules. "The system requires a certain harshness," he says. "That's unfortunate. That's life." The news report concludes "She broke the law, yes. She crossed the border - paid a coyote $1,500 - to come here and work. For this crime, she ended up in jail, shackled, strip-searched, humiliated? For this, her newborn child must be punished, taken away, denied her mother's touch, her smell, her milk."

We submit that what this young mother experienced was unjust and cruel. It is hard to believe that such brutal treatment is necessary for protecting America from the fanatics who seek to destroy both the documented and the undocumented equally. In the name of national security we are being acclimated to such excessive harshness which is currently limited to undocumented immigrants. History teaches us that it will not be long before the same suffering is visited upon all Americans.

The words of Pastor Martin Niemoeller about the failure of Germans to speak out against the Nazis seem the only way to end this editorial: "First they came for the Communists, but I was not a Communist so I did not speak out. Then they came for the Socialists and the Trade Unionists, but I was neither, so I did not speak out. Then they came for the Jews, but I was not a Jew so I did not speak out. And when they came for me, there was no one left to speak out for me."


ILW.COM Focus

Deadline Is Thursday, December 12th!

Thursday, December 12th is the deadline to sign up for ILW.COM's new seminar "Latest Developments relating to Consular/Visa Issues & Border Security" Several government officials will participate with Bernard Wolfsdorf and Avi Friedman leading the discussion. The curriculum is as follows:

FIRST Phone Session on December 17: Consular/Visa Application Issues

  1. Recent Changes in Consular Processing at Border Posts
    1. Changes to TCN Appointment System
    2. Amendment to the Automatic Revalidation Provision of 22 CFR 42.112(d)
    3. Procedures Followed if Visa Denied
    4. How to get back to U.S. if denied visa at Border Post
    5. Exceptions to 222(g)
  2. Security Checks and the accompanying Delays - Security Advisory Opinions (SAO)
    1. NCIC updated with over 7 million records (even simple offenses)
    2. Visa Condor Checks
    3. Technology Alert List
    4. IPASS
    5. Spot Checks of Visas
  3. Understanding the Revised and New Visa Application Forms
    1. DS-156
    2. DS-157
    3. DS-158
  4. Canadian Landed Immigrants from Commonwealth Countries
  5. Is Revalidation of Visas through DOS still an Option?

SECOND Phone Session on January 31: Inspection/Admission Border Security Issues

  1. Lookout Lists: CLASS, IBIS, CAPS, AIPS, NAILS, NCIC
  2. Special Registration - Designated Ports of Departure (POD)
  3. Data Sharing/Mining
  4. Entry/Exit Control
  5. Admissions under Advance Parole
  6. Automatic Visa Revalidation - 22 CFR 41.112(d)
  7. Student Commuters
  8. Proposed B Regulation including B-2 Prospective Student Notation
  9. Admission Mistakes
  10. AR-11 Issues

THIRD Phone Session on February 21: Summary of Visa/Inspection Issues with main focus on future Additional issues including Homeland Security Act of 2002

  1. Summary of Main Issues from the first two sessions
  2. GAO Study - Border Security
  3. Homeland Security Act
  4. Directorate of Border & Transportation Security
  5. Section 402
  6. Section 428 - Visa Issuance
  7. Section 429 - Visa Denials
  8. Immigration Enforcement Functions:

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

Appeals Board Rules That Service Of Notice On 7-year Child Fails To Meet Legal Standard
Cyrus Mehta writes about the Board of Immigration Appeal's ruling in Rosa Mejia-Andino.


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 News

US Imposes Visa Restrictions Against Burmese Officials
President Bush sent a report to Congress regarding conditions in Burma and US policy regarding Burma stating that the US has imposed various types of sanctions on Burma.

No Substantial Evidence To Link Petitioner's Fate To Murdered Kin
In Corado v. INS, No. 01-9544 (10th Cir. Dec. 9, 2002), the court said that Petitioner's argument that the Board of Immigration Appeals's decision that her fate in Guatamala would be linked to her brother and her husband's cousin who were both murdered, was not supported by substantial evidence.

Cruel And Unusual Punishment For Mother Of Newborn
The Rocky Mountain News reports "She broke the law, yes. She crossed the border - paid a coyote $1,500 - to come here and work. For this crime, she ended up in jail, shackled, strip- searched, humiliated? For this, her newborn child must be punished, taken away, denied her mother's touch, her smell, her milk."

Indicter Of Bin Laden Criticizes Attorney General
An opinion column in the Washington Times says "Mary Jo White, a tough prosecutor, convicted more than 30 terrorists and indicted Osama bin Laden. She has now joined critics — across the political spectrum — of some of Attorney General John Ashcroft's policies."


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Classifieds

Labor Certification Advertising
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We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

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For services/products of use in your law practice please click here


Letters to the Editor

Dear Editor:
After 9-11 the world has changed completely. Real homeland security for the future may dictate that we establish a comprehensive national registry--a national ID card for all peoples residing within our borders, both citizen and noncitizen. If one has nothing to hide, one should not object to the necessity of national identity registration. I have no objection to it. We all register our automobiles and the county requires that I even register my dog. I do such things without complaint. At banks, airports, etc. we are asked for our driver's licenses for the purpose of identification and our social security number must be listed on most documents.

A driver's license is not issued for the purpose of national identification. The intent of a driver's license is to serve as a certification that the person who holds such a license (permit) has qualified to operate a vehicle on our public roads and highways,--no more, no less. Neither is a social security number issued to be a means of national personal identification. It is meant to be a Federal accounting number to keep tract of an individual's social security account. No card is more easily counterfeited than the social security card. This is attested by the fact that each year Social Security is confronted with hundreds of thousands of so -called "mismatches". For a relatively small sum, anyone can obtain a fraudulent social security card. They are frequently purchased when the dictates of employment require the possession of such a card and the applicant for the job has none.

One can rest assured that the terrorists, who wrecked such havoc on 9-11, were all supplied with passable social security cards as well as driver's licenses (which are more difficult to counterfeit) as well as passports and visas to facilitate their travels throughout our country. The requirement that each legal person within our borders have a valid social security card and that such a card must be a prerequisite for acquiring or renewing a driver's license does absolutely nothing to enhance homeland security. To believe so is like the thinking of the proverbial ostrich sticking his head in the sand to obsure danger. Does anyone think for an instant that obtaining a driver's license or a social security card posed a problem in any way for the terrorists of Sept. 11? With the enormous amounts of money available to them and with their cunning, they were able to obtain any identification needed. (In fact, they traveled back and forth around the world, in and out of the country with no problems--paper wise or money wise.)

Unskilled workers from Mexico enter the country clandestinely without papers because it is the only way they can get in. They come to escape extreme poverty and risk their very lives looking for nothing more than honest work at what is most often a menial job that no one else wants. None are terrorists; they are laborers. Yes, some of them have obtained fraudulent social security cards in order to secure that work when having such a card was a prerequisite to get the job. These account for some of the "mismatch" account numbers that Social Sewcurity comes across each year. Using a false card, these workers have social security taxes deducted from their wages knowing full well that they will never recoup any of this money paid into the system. They pay their income taxes, too, and are afraid to ever file an income tax return to reclaim what is legally theirs. They fear that if they file such a return, there may be a trace-back and they will be deported. They see the loss of all of this money as the price of keeping their jobs. Other undocumented workers settle for working for cash or for "money under the table" because they do not have a social security number. In the past, these workers have been able to obtain a legitimate driver's license without a card and secure liability insurance. Now, however, with more and more states (citing security) requiring the presentation of a social security card before a driver's license can be issued or renewed, the applicant finds himself "between a rock and a hard place". He has a choice: He can purchase a fraudulent social security number and so violate the law to get a driver's license or he can drive without a license (and insurance) and violate the law. Where and how does this enhance homeland security?

The Mexican government is offering national identity registration to its undocumented nationals in the United States. The Mexican consular offices here are issuing national identification cards, called "matricula consular", based on the presentation by the Mexican applicant of a certified Mexican birth certificate and one other photo ID card. Many banks and other institutions across the country are accepting this "matricula consular" as valid identification. While the card does nothing to legalize the holder's immigration status, it can be invaluable for opening a bank account, cashing a check, getting a library card, etc. It is a means of positive identification of the individual and as such contributes to security. It is hoped that such positive identification can open doors to obtaining and renewing legitimate driver's licenses. (Every vehicle operator in this country regardless of legal status should be certified as qualified and required to carry liability insurance.) Banks especially welcome the immigrants' accounts and one bank in the Columbus area alone now has hundreds of Mexican Immigrant banking accounts.

In Columbus, Ohio, this past November 9 saw lines that seemed endless of Mexicans queuing outside a Mexican mobile consulate that was in the city for a day to process Mexican passports and consulate IDs (matricula consulars). Some individuals had arrived as early as four o'clock in the morning on a bitter cold day to stand in line for hours to apply for their ID cards. Between seven and eight hundred applications were processed but many people were turned away due to lack of time. The consul promised to return frequently to the city until all applicants are interviewed. I am told these ID cards are being processed by the hundreds of thousands throughout our country. This "matricula consular" is proving to be such a benefit to the Mexican communities in the different states that the Association of Salvadorians (AsoSal), representing almost two million citizens of that country, is urging its home government to implement a similar ID program for its countrymen now working in the United States. Other Latin countries may follow suit. All of this can only contribute to our homeland security.

Richard E. Baer, DVM


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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