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Immigration Daily January 28, 2003
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Editor's Comments

As reported by the Washington Post, Congress is putting a damper on the Registration program. The appropriations bill recently voted on by the Senate reportedly contains language to cut off funding for NSEERS (National Security Entry-Exit Registration System). Sen. Kennedy (D-MA) apparently masterminded this move, his spokesperson is quoted as saying "[the bill] cuts funding until Congress has the information it needs to assess whether this is the most effective use of tax dollars in the war on terrorism." This is likely a legislative maneuver, and funding will likely be restored eventually before the end of the appropriations process. However, it does highlight the perils for the DOJ and the DHS in broadening their anti-terrorist mission to indiscriminately target undocumented immigrants. Our newly reorganized law enforcement bureaucracy may need to learn that while it can count on enthusiastic support on any action reasonably connected to anti-terrorism initiatives, DHS/INS/DOJ will see their support vanish as quick as the morning dew on a hot summer morning if they unnecessarily broaden their brief to include a round-up of undocumented immigrants and crack down on them. The respective natures of Immigrants and Terrorists are completely different and in fact antagonistic - immigrants come here for the freedom, opportunity and promise our country offers, terrorists seek only to destroy our country, and the freedom, the opportunity and the promise with it. Unfortunately, it appears that the culture in the law enforcement community has not yet absorbed this obvious and vital point. The undocumented population in the country today is perhaps 10,000,000 strong. Even a nuclear strike by terrorists in the US would not cause as much economic damage as the eviction of the undocumented population from their adopted homeland in the US would. Eventually, we will have no option but to legalize the undocumented. But for 9/11, these folks would probably have green cards already, and we would be a stronger nation for it. Somewhere out there, terrorists are plotting to hurt us all. DHS/INS/DOJ should go after them (with our firm and enthusiastic support), and leave the undocumented alone.


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Featured Article

Why We Fight
Christopher Helt, Esq. writes about why we as Americans should remember not only the darker side of our laws but also our attitudes, then and now, towards immigrants which have changed dramatically since the September 11th attacks.

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Immigration Law News

INS Issues Immigration Application Fee Schedule Interim Rule
The INS issued an interim rule adjusting the immigration benefit application fee schedule by subtracting the applicable amount of surcharges used for asylum and refugee services, fee exemptions and fee waivers.

INS Issues Notice Terminating Angola From TPS Program
The INS issued a notice terminating the designation of Angola under the temporary protected status program, effective March 29, 2003.

DHS Issues FOIA Interim Final Rule
The Office of the Secretary, Homeland Security issued an interim final rule establishing procedures for the public to obtain information from the Office of the Secretary, Department of Homeland Security, under the Freedom of Information Act and the Privacy Act.

INS Announces Lower Immigration Filing Fees
The INS announced a reduction of the immigrant benefit application and petition fee schedule by the amount of surcharges used for asylum and refugee services, fee exemptions and fee waivers, effective for applications and petitions filed with INS on or after January 24, 2003.

OSC Charge Forms For Unfair Immigration-Related Employment Practices
Charge forms from the Office of Special Counsel of the Department of Justice's are available. The forms are used to file a charge alleging an unfair immigration-related employment practice in violation of 8 USC 1324(b). Click here for the version of your choice: English, Chinese, and Spanish.

DOL Closes H-2A Matter
In the Matter of Servicios Agricolas Mexicanos (SAMCO), No. 2003-TLC-00002 (OALJ, Jan. 24, 2003), the Office of Administrative Law Judges closed the matter pursuant to the Employer's request to withdraw its appeal regarding a Region VI Regional Administrator's denial of its H-2A application.

Abuse Of Discretion Found Where District Court Selectively Considered Record
In US v. Pham, No. 00-2328 (2nd Cir. Jan. 15, 2003), the court said "that the district court abused its discretion in its selective consideration of the record and its failure even to draw upon existing parts of the record to support its conclusions", in a habeas claim involving a Defendant convicted for conspiracy to engage in alien smuggling who claimed ineffectiveness of counsel based on his lawyer's alleged failure to convey plea offers.

End of Guatemalan Civil War Alluded To In Denial Of Asylum Claim
In Lopez v. INS, No. 02-1564 (8th Cir. Jan. 27, 2003), the court said, in denying an asylum claim, that Guatemala's civil war has ended and the guerillas have renounced violence and are participating in the political process.

Eighth Circuit Decries 10-Year Delay And Directs Grant Of Citizenship
In Mayo v. Ashcroft, No. 02-2368 (8th Cir. Jan. 27, 2003), the court held that the Board of Immigration Appeals's (BIA) misread the court's 1990 order and improperly relied on a defective hearing by an immigration judge while summarily rejecting another IJ's credibility determinations made de novo as ordered by the Eighth Circuit. The court also held that this case was a "rare circumstance" under the Supreme Court's Ventura vs. INS and held that the nine year delay in conducting a court mandated hearing, was such that further hearing by the BIA would not be fair. The court concluded " no immigrant should have to live over ten years with the uncertainly as to whether she can stay in this country or not. We remand to the BIA with directions that [IJ's] order be carried out and that the Petitioner be granted citizenship and waiver of admissibility under Section 212(k)."

Senate Cuts Off Funding For Registration
The Washington Post reports "The massive appropriations bill approved by the Senate late Thursday includes a little-noticed amendment that would cut off funding for a Justice Department program that requires male immigrants from two dozen predominantly Muslim countries to register and be fingerprinted by the INS."

Talk To INS Only If Amnesty Offered
Business Week reporting on Registration says "arresting innocent Middle Easterners practically ensures that, in the future, far fewer will heed the call to check into their nearest INS cell block. Illegal immigrants from Mexico have learned that lesson, turning themselves in only when offered amnesty."

Xenophobes Drown Out Praise For Immigrants
An opinion column in the Denver Post says "Satellite and wire services deliver ample coverage of the volcanic eruptions by xenophobic politicians such as Rep. Tom Tancredo; the grousing of bigoted journalists such as the late Mike Royko, Pat Buchanan, Paul Harvey, Michelle Malkin and others; and the forays of racist vigilantes in Arizona. Those voices drown out words of praise for immigrants, legal or otherwise, uttered by dignitaries such as President George W. Bush, Federal Reserve Board Chairman Alan Greenspan, columnist George Will, former New York Times Executive Editor A.M. Rosenthal and many others."

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Letters to the Editor

Dear Editor:
Well this is a nice surprise. Did you know many INS fees changed as of 1/24?

Kolette C. Kresses-Piasecki, Esq.
Niagara Falls, NY

Editor's Note: Please see Friday's news item and today's Federal Register notice.

Dear Editor:
In response to Mr. Lowe's letter, Mexico's issuance of an ID card is not the issue. The issue is the propriety of Mexico lobbying US municipalities and states to get them to accept the card. Foreign governments who lobby the US Congress are required to register the lobbyists. But should it be acceptable for them to lobby lesser governmental bodies in the US at will? That is the question that the State Department and GAO are being asked to decide.

Ali Alexander

Dear Editor:
In reply to the letter of Ali Alexander, a solution to the undocumented immigration problem by "matching willing workers with willing employers" is President Bush's not mine. I would ask the president: "When are you going to stop the talk and do the walk?" Mr. President: Do something. Yes, my concern is with Mexicans (who make up the vast majority of the undocumented workers) because I have personal knowledge of them. I have little experience with the other lesser minority groups. But, how did we get from solving the problem to slavery and prostitution? I am sure that no one has to worry that any solution will ever result in the repeal Amendment XIII of our constitution! And as for prostitution, it is the "world's oldest profession". There may be some Mexican prostitutes where the latin population is most concentrated. I wouldn't know as I don't frequent these environments. However, I would be willing to bet my bottom dollar that if one were to conduct a survey, he would find that the "ladies of the night" are predominately white or black and are not immigrants.

Richard E. Baer

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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