The DHS Budget For Immigration
The new Department of Homeland Security released a document styled "Budget
in Brief." This document raises some issues which may trouble immigration
attorneys. The document says "The Bureau of Immigration and Customs
Enforcement (BICE) will enforce the full range of immigration and customs
laws within the United States and protect specified federal buildings. BICE
is responsible for locating and removing aliens who are in the U.S.
illegally and protecting the jobs of those who are legally eligible for
them by inspecting places of employment for undocumented workers." Among
the sums budgeted for for BICE are: "$480 million is requested for the
continued development of the comprehensive Entry/Exit system. This system
will establish departure control and improve the arrival inspection process
by documenting the entry and exit of visitors to the United States;" and
"About $530 million is requested to support immigration investigations. In
2002, special enforcement operations such as Operation Tarmac – an
operation designed to enhance security at our nation's airports through
worksite investigations – resulted in audits of more than 3,000 airport
businesses and arrests of over 900 unauthorized workers." These words can
only mean two things - (1) Registration will likely expand to encompass
more nationalities (as we have said before); and (2) More enforcement
against completely harmless undocumented workers is likely in the name of
To be sure, there is some promising language in this document. "DHS is
committed to greatly improving immigration benefits to the more than seven
million annual applicants. DHS will build and maintain an immigration
services system that provides immigration information and benefits in
timely, accurate, consistent, courteous, and professional manner." Time
will soon tell if DHS can translate intentions into action in providing
speedy immigration services.
200,000 Attorney Searches per Year!
Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to firstname.lastname@example.org. Alternatively, if you prefer to list yourself on-line, please click here: http://www.ilw.com/membership/.
Fred Tsao and Rhoda Rae Gutierrez document a chronological listing of post-9/11 government actions affecting immigrants and refugees.
Editor's Note: This report was produced by the Illinois Coalition for Immigrant and Refugee Rights in September 2002. However, in light of continued government actions including Special Registration and enhanced border security, the report contains information which is still useful.
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
DOT Requests Comments
The Department of Transportation sought comments on an interim final rule that established temporary requirements for all motor carriers with drivers transporting explosives to the US who are not US citizens nor lawful permanent resident aliens.
President's 2004 Budget Provides DHS $36.2B To Succeed
The Department of Homeland Security (DHS) released a summary of President Bush's 2004 Budget as it relates to the funds provided to the DHS, its allocation, and its purpose.
DOJ Charges Another Consular Employee With Conspiracy To Commit Visa Fraud
The Department of Justice announced that a criminal complaint was filed at federal court in Laredo, Texas charging a GS Visa Adjudicator with conspiracy to commit visa fraud while working at the US Consulate in Nuevo Laredo, Mexico.
DOL Dismisses Alien Crewmember Case For Lack Of Jurisdiction
In the Matter of Stevedoring, Inc. v. Boyang, Ltd. No. 2002-ACM-00001 (OALJ, Dec. 17, 2002), the Office of Administrative Law Judges dismissed Complaintant's appeal based on Employer's reliance on an INS official's determination letter defining "bona fide request" because according to the Administrative Tribunal, the Administrator's interpretation of the regulation did not fall within its jurisdiction. This matter concerned an alien crew member in Dutch Harbor, Alaska.
President's Office Objects To Inconsistent Application Of INS vs. Chadha Ruling
The Executive Office of the President, Office of Management and Budget released a statement of administration policy concerning appropriations for FY 03, which included the Administration's objections to the Senate bill requiring Committee approval before Executive Branch execution, inconsistent with the Supreme Court's ruling in INS vs. Chadha.
No Ineffective Assistance Of Counsel Where No Prejudice Shown
In US v. Guerrero-Lopez, No. 02-4043 (10th Cir. Feb. 5, 2003), the court said Defendant's claim of ineffective assistance of counsel based on counsel's inadequate explanations of his plea sentence failed because he did not show that there was a reasonable possibility that, but for counsel's professional error, the result of the proceeding would have been different.
Undocumented Cope With Crack Down
An opinion piece at the Pacific News Service says "The Homeland Security
folks may think that limiting peoples' civil liberties will smoke out the
immigrants who are underground, but ... what my family and I learned over
the years is that, even if the government sets up ways to restrict your
freedoms, you can almost always find a way to beat the system."
INS In Lock Up Mode, Causing Innocent Families To Suffer
The Mt. Olive Chronicle of Mt. Olive, NJ reports on the break-up of an
American family due to the wrong person signing for a document sent by INS.
Without Large Importation Of Labor, Unemployment Would Worsen Over Time
The International Herald Tribune reports "Labor scarcity tends to push up
labor prices over the long run. That in turn reduces demand for workers and
worsens unemployment among young people."
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Web Technology For Immigration Attorneys
INS Experts is offering its technology to Immigration professionals and law firms interested in establishing a visible presence online. INS Experts possesses the technology to enable organizations to create Immigration modules integral with their unique look and feel. The cost of setting up this technology is minimal and the time required for implementation is a few months. Law firms can also utilize the INS Experts technology to prepare the INS applications through a unique and highly interactive web-based technology. 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. You can benefit from our technology, with no significant investment on your part. 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'd just like to say thank you to Ali Alexander for his letters to the Editor. I'm afraid he may be shoveling against the tide on ILW.COM, but I appreciate his efforts. Many of us share his views.
John H. Frecker
Mr. Murray is correct--English is not the "official" language of the US. It is, however, the de facto language of the US, and is also becoming an official world language for doing business.
Having taught overseas for several years at English-language universities, I can assure him that students in much of the nonSpanish speaking world are not flocking to Spanish classes, and do not think that learning Spanish will help their career advancement. They choose English. I am also unaware of any college or university in the US where the bulk of the curriculum is in a language other than English, with the possible exception of Galludet University. So, students who wish to further their education or enter the professions here will simply need to learn English, and learn it well enough to compete academically. Or, major in "Latin American Studies" rather than preparing for med school or law school.
The fact remains: Hispanics are a minority in the US, and even many of those do not speak Spanish. Many of those who do speak Spanish do not speak "educated" Spanish, and are not even literate in that language. Then there's the little matter of the other, nonHispanic immigrants to this country, who comprise more than half of all immigrants and half of all illegal aliens. Do you really think they're going to bother learning both Spanish and English? As I've said previously, Americans are learning some Spanish--enough to supervise nonEnglish speaking employees or to sell soap to immigrants. But to become the supervisor or the marketer in the larger society, outside their own communities, immigrants will simply need to learn English, as they've always done.
I would like to comment on the Editor’s Comment in the 2/05/03 issue and let me tell you first that I am an alien, staying in the US on an E2 non-immigrant visa. I think this time you are failing to be neutral and let me get straight to the point why, in my view, I think so.
1.The law is the law.
Sure, to me some of your laws in the US, or your States, are still located in Victorian Cloud Cuckoo Land and need to be adjusted to reality but that is Congress's responsibility and business. Don't blame the executer of the current law or in philosophical terms" don't shoot the messenger"! Like I read in one of your reader’s letters, - INS is killing people by not granting visa to nurses. That is just disqualifying primitive rhetoric to me and an insult to all those who are working hard at the INS to get their jobs done in accordance with the law.
2. Illegal Aliens are illegal aliens.
Making them legal, semi-legal, semi-heroes or an absolute necessary part of the US economy is an attempt of taking the issue into the emotional field of inadmissible evidence. Other countries do very well without any immigrants, not to speak about illegal once. How can anyone justify that an E2 Non-Immigrant invests $200,000 into this countries economy and maintains this business, renews the visa frequently, when others just come and stay in this country illegal and after a while get pardoned and a green card. I regard such actions, and calls for such actions, an insult to all of the legal non-immigrants, who are trying to do their best to maintain proper status.
3. Round up
Usually, intelligent and considerate people give others a chance of showing their abilities and their intentions before they make judgments. The DHS has a huge task in front of them with just getting organized. Try to help them rather then attacking them. For keeping terrorists out of this country the DHS has only two lines of defense, the inspectors at the ports of entry and the appropriate agencies and prosecutors for those who slipped through the first line of defense, legally or illegally. Once the DHS is organized, I would indeed very much appreciate if they would enforce the law to the greatest extent, including the round up of illegal aliens. But still, this could be done in various different ways. Were I to head it, I would give every illegal alien a chance to get out of the country until a certain date. By doing so I would give them a clear record and the possibility to immediately apply for non-immigrant visa. If they are really so important to the US economy and/or their employers, they will get it. After such date I would vigorously enforce the law and round up everyone else who elected to stay and remain illegal as I would regard those as the once who have something to hide. However, this is just my version, - so, why do we not wait until we see which path the DHS will take and then comment.
As for the Editor’s comments, in principal, I think the greatest problem in all of the pro immigration arguments is the setting aside of the current status of this country. To me, you are a country but not a nation. You came and come here from all over the world. You have an enormous number of people who live below poverty line. What about those versus illegal immigrants? I honestly believe that this country requires a big reduction in immigration and instead of immigration needs to concentrate on integration, education and consolidation of those who are already here and by now US citizens. Deny large companies H1B visas and force them to train their own workforce, in house, namely US citizens. Make this country being and not just saying, we are a nation. Maybe this way you would also get away from being world champion in filing law suits against each other and talk and settle before going to court.
I hope I provided some food for thoughts, not just for the Editor.
Cape Coral, FL
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