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Immigration Daily February 14, 2003
Previous Issues
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Editor's Comments

New Opposition For DHS

As we reported before, the new Bureau of Immigration and Customs Enforcement (BICE) at the DHS will have 4,000 employees enforcing the full range of immigration and customs laws within the interior of the United States (this is in addition to the 30,000 employees in the Bureau of Customs and Border Protection at the DHS which will absorb most of the Border Patrol). A portion of the 4,000 enforcers at BICE will undoubtedly pursue undocumented immigrants in the manner of Operation Tarmac. Such enforcement will likely run up against new opposition, structural in nature. Let us explain. Hitherto, interior enforcement of the immigration laws has been criticized mostly by immigrant groups and employer groups. However, enforcement by BICE will likely run into opposition by a new group - the national security lobby. Here's why. It is one thing for the INS or DOJ to hound the undocumented (whether before or after 9/11), it is quite another for an arm of the DHS to do so. DHS, after all, is the Department of Homeland Security. The government is supposed to provide security for the homeland, its most important task, and the primary cause for its existence. Without providing security for the homeland, no government is ultimately possible, nor a viable rationale for one. If DHS takes up a task which diverts resources away from its primary mission, it risks alienating its own strongest source of support. In rounding up suspected terrorists, it makes little difference to the national security lobby whether DHS uses the immigration laws or jay-walking laws, or even anti-spitting laws. But if DHS squanders its resources in rounding up busboys and gardeners, it is likely to engender stiff opposition from an unexpected direction. To be sure, it may take some time for this to come about, but the very next terrorist attack will likely see this point aired in major national media.


ILW.COM Focus

New Seminar On Healthcare Professionals

ILW.COM is pleased to announce a new seminar series "Representing Doctors, Nurses And Other Health Professionals - New Issues For New Times." Many distinguished speakers will be announced soon. The curriculum for this seminar series is as follows:

FIRST Phone Session on February 28: Current issues in physician immigration

  1. Waiver options for international medical graduates
    • Current status of the State 30 waiver program
    • Goodbye USDA, hello HHS: federal shortage waivers
    • The elusive VA waiver
    • Dealing with changes in employment
  2. Other issues for immigration physicians
    • The NIW for underserved area: updates from the lawsuit
    • Labor certifications - for residents?
    • Restrictions on O-1 eligibility for clinicians

SECOND Phone Session on March 28: Current immigration issues for allied health care workers

  1. How do I recruit nurses?
  2. Nurses and H-1B's - Doesn't the INS allow that now?
  3. Nurses for shortage areas (or does H-1C really work?
  4. Dentists, chiropractors and others called "Doctor"
  5. Pharmacists
  6. PTs, OTs, and other therapists
  7. Medical technologists
  8. Specialty Occupation issues for allied health professionals
  9. What's this "Visa Screen" anyway?
  10. Permanent residence isues and options

THIRD Phone Session on April 28: Inside the letters: ECFMG and CGFNS

  1. Role of credentialling agencies in health care immigration
  2. Testing and timeframes
  3. Guiding applicants through the process
  4. Participation guidelines for ECFMG programs
  5. CGFNS: it's not just nurses anymore

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

Reopening Deportation Proceedings: A Look At Applicable Exceptions To Motions To Reopen
Andrew Knapp, Esq. writes how a closer look at the individual circumstances of a client's case may uncover exceptions to the general time and number limits on motions to reopen.


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

Flight Training Candidate Checks Program Effective March 17, 2003
The Department of Justice issued a final rule that prohibits certain aviation training providers (ATP) from providing aliens training in aircraft operation, provided the ATP is notified that the candidate presents a risk to national security.

Rep. DeLay Says Immigration Is Caused By Great Promise Of Our Country
During a debate in the House of Representatives concerning the Senate's confirmation of Mr. Estrada to the Judiciary, Rep. DeLay (R - TX) said, "there is a reason that in the US we have problems with immigration. Do my colleagues know why? Because of the fact we do not have any lining up to get out of this country. We have people lining up by the hundreds of thousands that want to come into this country, the country of great promise, but this country only achieved this position of strength through a position of commitment."

Congress Honors West Group CEO Halpin
Rep. Davis (R - VA) honored Gerald T. Halpin, currently President and CEO of West*Group Management LLC, for his years of service in his workplace and community. He has given back to his community, and served as a Trustee of the American Museum of Immigration.

Matter Of Lozada Is Good Law
In re Bassel Nabih Assaad, 23 I&N Dec. 533 (BIA 2003) (Feb. 12, 2003), the Board of Immigration Appeals (BIA) said that the Matter of Lozada concerning aliens due process right to counsel not at the government's expense does not conflict with the Supreme Court's decisions in Coleman vs. Thompson and Wainwright vs. Torna since the right to counsel in immigration proceedings is guaranteed in the Fifth Amendment guarantee of due process.

No Reversible Error Found
In Jean v. Ashcroft, No. 02-7476 (4th Cir. Feb. 6, 2003), the court affirmed the district court's denial of Petitioner's petition for relief because there was no reversible error.

No Past Persecution Where Petitioner Concealed His Political Membership From Eritrean Authorities
In Fikreyesus v. Ashcroft, No. 02-2420 (3rd Cir. Feb. 12, 2003), the court said Petitioner failed to establish that he suffered past persecution on account of his political opinion because he concealed from the authorities in Alien's country his membership and activities with the Eritrean Liberation Front.

Defendant Not Entitled To Retroactive Sentence Modification Where Substantive Amendment Not Listed In USSG 1B1.10(c)
In US v. Ruiz-Dominguez, No. 02-2169 (10th Cir. Feb. 12, 2003), the court said Defendant was not entitled to a sentence reduction based on an amendment to USSG 2L1.2 because the amendment was substantive and because it was not listed in USSG 1B1.10(c).

Law Of Supply And Demand Collides With Law And Order
The New York Times reports "It is near the corner of Sunset Boulevard and Western Avenue that the inalienable law of supply and demand collides with the rule of law and order."

Debate - Jacoby And Krikorian
National Review Online offers a debate between Tamar Jacoby and Mark Krikorian, two of the most articulate spokesperons for the pro-immigration and anti-immigration view respectively.


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Classifieds

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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

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Letters to the Editor

Dear Editor:
I have been interested in the multiple attacks made against Mr. Alexander's comments in recent issues of Immigration Daily. I believe that the majority of law-abiding US citizens would agree with most of Mr. Alexander's comments. Americans want immigrants who are committed to following the laws of the US. So many illegal immigrants have shown they have no respect for following US immigration laws and other laws regardless of the fact that they are hard-working nice people. If you choose to enter the US illegally, if you choose to use false documents to obtain work (fake IDs, SS#s, etc), if you crash into my car and then choose to flee the scene because of your illegal status, how can I believe that you won't continue to break other laws to meet your personal goals. Good-hearted Americans are being abused by illegal immigrants because the individual stories can be tragic and Americans are giving people. If Mr. Greenspan and others (myself included) believe that we need more immigration, let us change the laws to permit more legal immigration, but we must stop the illegal immigration. I think Mr. Alexander and most Americans would agree.

MSJ
Maryland

Dear Editor:
Alan Greenspan is unequivocal on his beliefs as to the importance of immigrant labor to our economy. In a testimony before the US Senate, America's most respected economist said: "I've always argued that this country has benefited immensely from the fact that we draw people from all over the world." (AILF, Vol. 1, Issue 1, Spring, 2002)

Richard E. Baer

Dear Editor:
Is that man Greenspan a genius or what. Increase the flow of uneducated, unskilled, highly fertile Third World immigrants and our deficit will go away. Of course, why did we not see this before? Just look at California, right in my own back yard. I thought the destruction of the state's educational, health care and social system was a bad thing, but Alan has just set the record straight. More millions at the bottom rung of humanity is just what the doctor ordered. Only problem is how to get more of these economic life-savers to abandon their home countries for the spoils of others? We already have what may be the fastest population growth rate of any industrialized nation on the planet, and America already offers a full basket of goodies, and the borders are essentially wide open 24/7. Yet, we are only attracting a million per year legally and probably 700,000 illegally, plus a high fertility rate. Not enough. We do not want to end up like Switzerland or any of those other Western European nations that suffer from a stable population growth rate. Look at the wonders of what the Greenspan model has done for the economically vital and environmentally sensitive Mecca known as Mexico City.

Wuff

Dear Editor:
Re: Mr. Anderson's letter, if employers in Mr. Anderson's community truly need unskilled labor, then there already exist temporary visa programs such as H2-A (agriculture) and H2-B (other unskilled). They can legally bring in workers with these programs. But tell me, how much effort have these selfsame employers been exerting to get Congress to reform the green card process to allow in unskilled workers legally?? Sure, they're willing to have an amnesty program--it will do nothing to stop the importation of illegal workers, so there will be continual pressure to keep wages down even for "legalized" workers. No need to "prove" they can't find American workers already. Sheer numbers of unskilled workers will also relieve them of any need to offer or bargain for healthcare benefits--and, of course, the US taxpayer will continue to pay that tab. As for rising costs of food--first, there is no reason food cannot be imported, which keeps prices down. I work daily with foreign industries who would love freer access to the US market, but US industries successfully lobby for laws to keep them out. Free trade in agricultural labor, but not in agricultural goods? Second, capital can be substituted for labor in agriculture as has been done with tomato production, again, to keep the price down. It's just easier for agribusiness to write off labor as a short-term expense than to invest in improved products and methods which are long-term, much more expensive, capital expenses. Third, why shouldn't people pay more for agricultural items, if that's what they cost to produce? (Judging by the products I see in the grocery store, there are already plenty of people willing to pay $2.50 for a bag of shredded lettuce, and several dollars for organically grown tomatoes or hothouse fruit.) Why should they, and the producer, benefit on the backs of low-wage labor?

Re: Ms. Wilson, Panrayee, and Mr. Murray's letters, Ms. Wilson and Mr. Murray omit to assign all the blame for the plight of illegal immigrants. Consider that the first source of blame is the sending country, more often than not Mexico, which does not provide educational or employment opportunities to its own citizens--even though it has a healthy, wealthy and largely European ruling class. Pres. Fox is now looking to pass the buck to Canada to absorb 125,000 or so Mexicans a year, citizens which Mexico is unwilling to provide for. Then, consider that the immigrants themselves, by being willing to come illegally and in large numbers, lose any bargaining power they might have with their employers--for wages, for benefits, for getting legal status. I agree with Ms. Wilson and Mr. Murray that unscrupulous corporate executives and self-interested politicians and ethnic lobbyists play a major role in such problems as come from illegal immigration, issues I believe I addressed in previous letters. But then, shouldn't Ms. Wilson and Mr. Murray rejoice in and support enforcement of immigration laws, particularly against employers? And shouldn't they argue against the use of matricula consular, and offers by the States such as tuition and driver's licenses, which encourage illegal immigrants to remain here and work illegally? Or do they support such practices, as a means of "forcing" an eventual amnesty from Congress? If the latter, they themselves are part of the reason illegal immigrants live in the conditions they do. My 1970's mentality believes in, "if you're not part of the solution, you're part of the problem". As I have stated in previous letters, I have no problem with unskilled labor being legally imported--as long as the companies importing it (1) show they can't find American workers, and (2) agree to sponsor the immigrant and be responsible for paying a living wage and for medical insurance. If illegal immigrants truly are "essential" labor, employers should have no problem in proving it, and putting their money where their mouths are. But as long as companies can get cheap illegal labor, without penalty, and with taxpayers paying for medical care, there is no incentive for them to comply with laws--or to support an overhaul of the green card system.

I do not hold illegal immigrants responsible for all the ills of America--they frankly aren't that large a portion of the US economy, however much some people would have us believe they are "essential". (And if as Mr. Murray believes illegal immigrants are responsible for California's economic growth, it follows that they are also responsible for its economic ills. Personally, I believe it's legal immigrants, particularly those in Silicon Valley, who contributed the most to California's economy and created the wealth fueling many of the service jobs illegal immigrants have filled.) However, illegal immigration certainly aggravates such problems as exist, particularly in individual states, certain industries, and for certain groups, particularly high school drop outs. Mr. Murray seems to think I am misinforming the public. My sources are publicly available information. He has his interpretations; I have mine. For example, in yesterday's (Feb. 12) New York Times http://www.nytimes.com/2003/02/12/national/12WORK.html?ex=1046142244&ei=1&en=55794f814c026375, the author notes that unemployment in California is at a 5-year high of 6.6 percent. The article is about jobless, illegal immigrant workers who congregate at Home Depot seeking casual labor, and are not included in the unemployment figures because they are not entitled to unemployment benefits. For these workers, unemployment is virtually 100 percent. Are these "essential" workers? In fact, the article mentions that even some Americans are now showing up, looking to do day labor. Illegal immigrants do the work Americans won't do?? Another example, also from Feb. 11's Times http://www.nytimes.com/2003/02/11/education/11EDUC.html (the article, by the way, doesn't say one word about immigration) Florida school districts gain 50,000-70,000 new students a year, and are not able to provide facilities and the smaller classes mandated by state law, so that all students might learn. The state simply hasn't the money and will have trouble raising it. That, in my opinion, is a problem. It's a safe bet that much of that gain in students is from immigration, legal and illegal--not from elderly retirees heading south, or from natural increase by native US citizens, which is now barely at replacement level. Shall we hope that most of these students drop out of school in frustration at not learning under poor conditions and will be eager to work as low-skilled labor to care for Florida's elderly? A coincidence that Miami is one of, if not the, poorest city in the US? And yes, I have met many illegal immigrants--the East Coast is also a magnet for them. I do realize that there are illegal immigrants who do not use medical care, who do not put kids in school--but they are still here illegally, and still contributing to a culture which treats observance of the law as trivial. While I have compassion for the problems they face as individuals (our cleaning lady at work, for example, now has TPS, but came illegally from El Salvador), in the aggregate illegal immigration (and its economic and social costs) are now simply too large to ignore.

Ali Alexander


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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