ILW.COM received a Christmas card featuring a cartoon of Santa
Claus from the law offices of Montiel Davis &
Woodward Kimber, P.A. which might interest our readers (the card's illustration is
credited to Eduardo Molina). Santa
Claus appears stranded at "Anytown Airport, USA" with a look of distress on his face, his
hands up in the air, and surrounded by various border officials with guns
drawn, peppering Santa with the following questions: "And you are ... Santa, Santa Claus, St.
Nick, Saint Nicholas, Father Christmas ... Which is it?" "And where's your
change of address form? I heard you moved to the South Pole?" "Where's your
proof of Special Registration? And your IBIS, NAILS, CLASS and NCIC checks!
Under all names ever used." "You failed to provide us a list of all
countries you've visited since you were six years old ..." Proving that
fact is stranger than fiction, CNN.com reports that a "surfing santa" was
indeed arrested by the Border Patrol on the Canadian Border (see link
Despite the implied reasons for worry in the anecdotes above, we feel there
is reason for cheer, too. Movement of goods and people across our borders
are intertwined. So long as America remains connected to
the global economy, immigration will be a part of the American experience.
If our border policy-gurus do not get this message, they will undoubtedly
learn it through real-world experience.
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Expressing Outrage At Registration
Cyrus D. Mehta writes about the Special Registration Procedures and what lessons public officials in charge of administering these new regulations can draw from American history.
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Immigration Law News
DOL Accepts Settlement Terms As Reasonable
In the Matter of Wage and Hour Division v. Infoscape, Inc., No. 2002-LCA-7 (OALJ, Dec. 23, 2002), the Office of Administrative Law Judges accepted the provisions of the settlement agreement reached by the parties prior to the scheduled hearing date and determined that the terms were reasonable and fair. According to the OALJ order, the DOL was represented in this LCA matter by counsel.
Office Of Inspector General Releases Nonimmigrant Visa Issuance Report
The Office of the Inspector General (OIG) of the US Department of State released its (50 pps.) findings entitled, "Review of Nonimmigrant Visa Issuance Policy and Procedures", based on its study of the procedures and processes involved in the issuance of nonimmigrant visas (NIVs) at U.S. missions worldwide.
GAO Report On Homeland Security
The General Accounting Office was asked to review
governmentwide changes and
challenges prevalent in the
missions and activities of agencies
involved in homeland security and concludes that overall, the federal
government's response on homeland security issues is still evolving (85 pps.).
Tech Workers Shackled During Special Registration
The San Francisco Chronicle reports "A National Semiconductor engineer and
a database manager from the Silicon Valley are among 13 Bay Area men of
Middle Eastern descent behind bars after they voluntarily gave their
fingerprints and photos as part of a new federal homeland security
Orwellian Bureaucracy Gives Appearance Of Safety, Without Substance
Writing in counterpunch.org, a Canadian born in Iran writes about his
personal experience with Special Registration and says "The big new US
bureaucracy in this shrinking world, could become Orwellian while producing
a safer nation. More likely, it will do little to make the country safer,
but will make it seem as though something is being done."
Border Patrol Arrests Santa
CNN.com reports on the arrest of a "surfing Santa" by the Border Patrol.
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Letters to the Editor
How do I get to the back issues of Immigration Daily?
Editor's Note: ILW.COM is pleased to announce the arrival of an improved search engine. The search engine can be easily accessed and appears both, on the left navigation bar and on the footer of each and every ILW.COM webpage. Notable improvements for the advanced search include the ability to search within a particular sub-section of the site such as articles, cases, Immigration Daily, Immigration Weekly, or site-wide. Previous issues can also be accessed by browsing our archives by date.
I just read Ben Harris' featured article about his firm's case management software. What a nice piece of advertising for his Ohio law firm! Too bad the article doesn't provide details that could be helpful to other practitioners, such as a discussion of the features of his case management software or a description of the design decisions the firm made, other than the rather obvious point that using case management software can help land a client.
Name Not Supplied
Your editorial of the December 11 Immigration Daily issue on the
unfortunate story of the illegal alien mother has good
intention but goes overboard. Your quoting of the
minister is complete hyperbole. You can't compare the
US to Nazi Germany. And no, I don't buy the slippery-
slope argument that the US is going that way. While
there are unfortunate cases of harsh INS treatment of
detainees like this one, the truth is we can fix the
system. We can speak out. We have media looking
everywhere for this kind of stuff. Nazi Germany
didn't. There, one got shot for speaking up. There
was no free media to write a story about it. If
you're detained, you had no rights to face your
accuser, have a lawyer, or have any due process
rights. You're convicted in kangaroo courts. The
list of Nazi travesty is too long and well-documented.
Whereas, here in the US, I represent illegal aliens
from Mexico and elsewhere daily in removal
proceedings. They have so many rights, it's amazing
the system we have. Most immigration judges bend over
backward to continue hearings in order for these
people to get lawyers. Most judges carefully and
exhaustively explain their rights. Proceedings are
recorded and follow formal rules of evidence for the
most part. An interpreter is provided automatically.
The right to appeal is automatic, and here in the
Ninth Circuit the chance for a reversal is fairy good.
The mother in your editorial has exactly these rights
when she is in proceedings. I ask you: what other
country in the world is so generous to aliens who are
here unlawfully in the first place?
I challenge any
country in the world for more fair proceedings,
including other industrialized countries that have
more liberal reputation than the US toward immigrants.
Yes, mistakes happen here. But mistakes are
inevitable in any system as vast and complex as the
immigration system. Your continual playing Cassandra
is simply overreaction and, frankly, paranoia.
Liem Doan, Esq.
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