theory of Special Registration appears simple - lets know the who/when/where of immigrants, so we
can find the bad guys among them when our intelligence tells us who the bad
guys are. By the addition today of Bangladesh, Egypt, Indonesia, Jordan,
and Kuwait to the ever-lengthening list of countries, Special Registration
takes what we believe is one step further towards General Registration.
Criticizing Special Registration because it
initially targets certain nationals and not others is criticism doomed to
fail. Once British, Canadian, German, Japanese, Mexican and other nationals
are also required to register alike generally (we are here dubbing this
"General Registration"), the Department of Justice/Department of Homeland Security (DOJ/DHS) will point out that discrimination can no
longer be alleged.
In criticizing Special Registration, we need to look at the end of its
path, not its beginning. If the end result of an all-powerful all-knowing
government gives us pause, as it should given the lessons of the history of
Nazi Germany, we should question any path that will take us to a similar
end. The real problem with Special Registration is that it portends
increased governmental control over everyone, US citizens and immigrants alike. After
every immigrant has been registered, why should DOJ/DHS stop there? Why not
require the whole gamut of restrictions on all Americans, then?
Particularly if some of the perpetrators of any future Al-Quaeda terrorist
attacks happens to be a US citizen, this argument will appear compelling to
those in DOJ/DHS.
Registration does not appear to have anything fundamentally good to commend
it for it paves the way for the US to become a totalitarian state.
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Oh Say, Can You C? Preparing For A New Era Of
Marc Lauritsen writes about how the adage that "C" students are often
the most successful might even take on new meaning.
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Immigration Law News
Special Registration Extends To Certain Nationals and Citizens of Bangladesh, Egypt, Indonesia, Jordan, or Kuwait
The INS issued a notice extending special registration requirements to certain nationals and citizens
of Bangladesh, Egypt, Indonesia, Jordan, or Kuwait who entered the US on or before September 30, 2002, and who will remain in
the US after March 28, 2003.
Special Registration Period Extended
The INS issued a notice extending the Special Registration period, to permit those individuals who were required to register under those notices
but did not do so, to appear before, register with, and provide
requested information to the INS between January 27, 2003, and February 7, 2003.
Request For Uzbekistan Educational Grant Proposals
The Office of Global Educational Programs of the Bureau of
Educational and Cultural Affairs of the Department of State announced an open competition for the
Uzbekistan Educational Partnerships Program in Cultural and Comparative
INS Releases IRCA Legalization Effects Report
The INS's Office of Policy and Planning released a paper presenting summary statistics on the transitions in legal status of the IRCA popultation through 2001, concluding "The findings in this paper indicate that through 2001, immigrants granted permanent residence under IRCA naturalized at just over one-half the rate of other immigrants who came to live in the US at the same time. Once differences in Mexican vs. non-Mexican origins are taken into account, the naturalization rate of IRCA LPRs is reasonably close to that of other immigrants."
Attorney Gen'l And Acting INS Commissioner To Participate In SENTRI Ceremony
The Department of Justice issued a press release stating Attorney General John Ashcroft and Acting INS Commissioner Michael Garcia will participate in a SENTRI (Secure Electronic Network for Travelers' Rapid Inspection) Enrollment Office Ribbon Cutting Ceremony in San Diego, California, followed by a press availability.
Lawful Admission Turns On Law At Time Of Entry Not Law At Time Of Naturalization
In US v. Dailide, No. 01-3820 (6th Cir. Jan. 15, 2003), the court found that the question of whether Defendant was lawfully admitted was answered, not by the law at the time of his naturalization, but by the law at the time of his entry, and found that since Defendant was never lawfully admitted, his citizenship was illegally procured, and further found that since his certificate of naturalization was illegally procured a finding of misrepresentation was unncessary for revocation of citizenship. The case involved a former "Nazi crony" whose US citizenship was revoked.
Two Sentencing Enhancements Not Valid In Illegal Transport Case
In US v. Lopez-Garcia, No. 01-50703 (9th Cir. Jan. 16, 2003), in a case involving the transport of illegal aliens, the court said that the district court applied the wrong standard in determining that USSG section 3C1.2 could be applied in addition to USSG section 2L1.1(b)(5), because the basis for both enhancements was "conduct related to fleeing from a law enforcement officer".
Castaneda's Departure Blow To Migrant Accord
A columnist in the Houston Chronicle says "Castañeda's almost obsessive
pursuit of an immigration accord was part of a bigger, grander scheme: the
end of a foreign policy steeped in anti-Americanism."
Reality Of The Undocumented Must Be Confronted Sooner Or Later
An editorial in the San Antonio Express News says "Sooner or later, the
United States and Mexico must talk about the status of an estimated 3
million Mexicans living here illegally."
Supreme Court Argument On Detention Without Bail For Immigrants
The San Francisco Chronicle reports on a case "before the U.S. Supreme
Court today against a 1998 federal law that allows the government to keep
noncitizens locked up, with no chance for bail, if they have committed any
of a wide variety of crimes that make them deportable. Thousands of legal
immigrants are held until a deportation decision is reached, which can take
months or even years."
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Help Wanted: Immigration Attorney
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INS Experts is offering its services to law firms interested in establishing a visible presence online and specializing in US Immigration Law. INS Experts possesses the technology to enable organizations to create Immigration modules integral with each law firm's unique look and feel, as well as handle the e-mail and phone based customer. The cost of setting up this technology is minimal and the time required for implementation is a few months. Law firms focused on employment-based immigration or family-based immigration can utilize the INS Experts technology to prepare the INS applications without the need to hire additional paralegals for this service. Law firms can either offer this service directly to their clients through their internet/ intranet sites, or their internal staff can use the INS Experts site to prepare the applications. Your clients will benefit from our technology which appears on your website. Law firms can break away from the traditional, paper oriented, and change resistant image of the immigration law industry. For further information, visit our website: http://www.insexperts.com or if you have any questions, please contact: Puneet S. Parmar, Director of Business Development, INS Experts Inc., 12280 Saratoga Sunnyvale Road, Suite 116, Saratoga, CA 95070, Phone: 408-517-4212, Fax: 408-446-0771, Email: Puneet.Parmar@insexperts.com.
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Letters to the Editor
I continue to applaud the ILW.COM team's efforts. Keep up the fantastic work.
In the Federal Register item about the extension of time for certain NSEERs
to register, the extension is described "as an act of grace." A little
and mighty sounding of Ashcroft, don't you think?
Arthur L. Zabenko, Esq.
Lubiner & Schmidt
Senor Bush's oversimplified statement that we should assist those
willing to work with those willing to employ them leaves out an
essential element----American workers, not foreign ones.
Name Not Supplied
I have read many pieces in the press proclaiming that registration of
visitors from "high risk" countries is a failure because "terrorists will
not register, only honest people will".
Mr. Prchal's 1/16/03 letter to the Editor suggests that terrorists may in fact register. However, in my
opinion, it doesn't matter if they do or don't. If terrorists do in fact
register, as Mr. Prchal says they did in Canada, then fine. But if people
who are not terrorists register, then those who do not register can and
be scrutinized more closely as possible terrorists when the authorities
across them. Registration is thus a process of elimination. What is
important is not the registration per se, but the increased scrutiny given
to all visitors from countries with a higher probability of harboring
Mr. Frecker in his 1/16/02 letter to the Editor attempts to discredit the Southern Poverty Law Center and confuse the issue, but even a brief perusal of their work shows that not one group that is purely political in ideology and that does not espouse hate in some form is included in their list. I challenge Mr. Frecker to name one group listed by the SPLC as a hate-group that is in fact merely "conservative" in their opinions. The SPLC’s list includes groups like the KKK, the Aryan Nation, and the Black Panthers, not the Republican National Comittee.
Whether one agrees with the article or not, Gary Endelman's essay, A Point System for Legalizing Undocumented Workers, was clearly written and understandable.
However, when I finished reading yesterday's letters of reply, my brain was in a mental fog. Just what were they saying?
I get lost in the sea of acronyms such as "212(a)(9)(c)" the "double temporary requirement of the H-2A and H-2B" and the "H-2B cap". That is why I appreciate Mr. Endelman's articles so much.
Of the many, many undocumented Mexican workers I know, I have yet to encounter one who advocates female circumcision, bride buying, or slavery. Mexican culture is a model of family values.
A minority in our nativist population already practices tattooing and body piercing (including such sites as the tongue, nipples, navel and both male and female sexual organs). Hopefully, these vices will never spread to our Hispanic population.
Of all of the proposed solutions to the undocumented Mexican worker problem, I believe that the President's is best: "We need to find a way to unite [undocumented] willing workers with willing employers". Perhaps Gary Endelmen"s proposal with some modifications is that way.
Richard E. Baer
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