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Immigration Daily February 26, 2003
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Editor's Comments

Anti-Immigration Boomerang

Anti-immmigrationists of various stripes have been cheerleaders for the growth in arbitrary powers for immigration law enforcement since 9/11. Apparently, their expectation is that this capricious power-grab will result in more deportations, and hopefully, decreased immigration. Those who are anti-immigration may want to learn from history. We predict that some of the most egregious instances of out-of-control and unjust use of autocratic government immigration power over the next several years will likely feature people on the anti-immigration right as victims. Yes, victims. Bad laws are bad for everyone - regardless of whether one is anti-immigration, pro-immigration or neutral on immigration. The growth in para-military power in the federal government in the 1980s happened with a lot of fanfare and cheering from the right, ostensibly to aid in the anti-drug campaign. Well, drugs and their ill-effects are still with us. The para-military power was however, used - on Ruby Ridge, and in Waco - against folks on the right. This can happen in the immigration context, too. Recently, a holocaust-denier was deported on what appeared to be a technicality. Once government has the power to deport people arbitrarily, it will deport people arbitrarily. A section in the power-grabbers fantasy - the so-called Patriot II bill (which awaits the next terrorist disaster before introduction in Congress) - will give the government power to strip American citizenship from anyone who provides material support to an organization designated as "terrorist." With the examples of Ruby Ridge and Waco behind us, it is possible to envision a scenario where some of the current organizations on the anti-immigration right are designated as "terrorist" and their members are deported. This would be an irony, and an injustice. The victim's identity does not change the fact that a crime has been committed. Anti-immigration zealots may want to reflect on this matter. Our constitutional protections protect everyone, and diluting them, regardless of what argument is offered in support, will inevitably end up hurting us all. In the not-too-distant future, the anti-immigrationists supporting tyrannical and oppressive deportation law, may well end up as the very ones being deported.


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Featured Article

Passenger Manifest Required For All Air Carriers Now
Jose Latour writes "More legal requirements, more bureaucracy, more work for Americans... and are we any safer?"

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Immigration Law News

Grants Totaling $9.5M+ Awarded To Assist Trafficking Victims
The Department of Justice's Office of Justice Programs Office for Victims of Crime (OVC) Director John W. Gillis said, "We will work with our grantees to ensure that these victims are not ignored and that they receive the help they need."

DOJ Says 300 Trafficking Victims Receive Immigration Benefits
The Department of Justice released a trafficking fact sheet which included immigration benefits granted to trafficking victims. Specifically, INS has granted 300 "continued presence" requests and received approximately 150 T-visa applications, 23 of which have resulted in T-visa grants.

INS Seeks Comments
The INS sought comments on an Application for asylum and withholding of removal, Form I-589 (60-Day Notice); and an Application for authorization to Issue Health Care Certificates, Form I-905 (30-Day Notice).

White House Denys Security Council Bargain For Immigration Agreement
During a press briefing, White House spokesman Fleischer responded to the question, "Is it true that the administration is willing to give Mexico some sort of immigration agreements like amnesty or guest worker program, to assure the Mexican [Security Council] vote?"

California Plea Advisement Requires Only Substantial Compliance
In The People v. Gutierrez, No. B159209 (Second Appellate District. Feb. 11, 2003), the court said that only substantial compliance was required to explain to Petitioner his immigration consequences of his plea as required by California Penal Code section 1016.5. The court also said that even if language used by the prosecutor varied, any error was cured by the written waiver of rights form used by the trial judge in accepting the plea.

Zadvydas Claim Moot Once Final Removal Order Entered, Immigration Detention Does Not Invoke Double Jeopardy Clause
In Teja v. US, No. 01-14249 (11th Cir. Feb. 21, 2003), the court said that Petitioner's claim that he should no longer be detained pursuant to 1226(c) was moot once Petitioner's final removal order was entered. The court also said that detention pursuant to a deportation proceeding was civil in nature, and thus precluding the application of the double jeopardy clause.

Photographing A Bridge Leads To Terrorist Label
The Philadelphia Inquirer reported that "...even after the events of September 11, 2001, the mere act of photographing a bridge should not qualify one for the label... of a terrorist."

Activist Deemed Potential Threat, Deported
The NY Newsday reported that Jeanne Butterfield, executive director of the American Immigration Lawyers Association, said, "the noose is tightening on all of us."

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Letters to the Editor

Dear Editor:
The article carried in ILW.COM entitled Government Says After 9/11 Nobody Has Any Rights, by Jimmy Breslin is bone chilling. The old saying goes, "Desperate times call for desperate measures", but there is a line where common sense and common decency give way to tyranny and fascism and the times become desperate because of the measures taken by government, not because of the times. What, right here in the USA, the land of the free, we ask? Can't happen here, this is a free country. Well, perhaps free no more, and perhaps free the less, since the establishment of the Department of Homeland Security, the passage of the Patriot Act and the proposed Patriot II (which will chill the bones of a desert dweller). In the US, we are faced with a terrible dilemma, and that dilemma is George Bush, John Ashcroft and their cronies (a la shades of Richard Nixon, et al.), who, if left to them, will resurrect the Nixonian position that in times of national emergency, the President himself is the sole arbiter of what is right and wrong for the country, and has the power to suspend the democracy and the civil rights we Americans cherish, all in the name of desperate times. Don't agree? Read what the U.S. Supreme Court told Richard Milhouse N in both US vs. Nixon and the later case, Nixon vs. US for an eye opening, bone chilling reality experience. Department of Homeland Security, my clavicle. Wolves in lambs clothing, talking out of both sides of their mouths, lulling the country, including immigration lawyers and immigrants rights groups, into thinking they are pro-immigration, sung to the sweet strains of the tried and true lullaby of American warmongering, "Preserve Democracy". Nonsense. All this talk of war, all this talk of profiling groups of people - even Bernadette Devlin, for Pete's sake. It's shades of Adolph Hitler all over again, only this time borne on the back of a moral majority bible. They knocked in the next town and my town said nothing, they knocked on my neighbor's door, and I said nothing, now they are knocking at my door and there is nobody left to say anything - for purely political reasons, they excluded Bernadette Devlin , let's not allow that to happen in America - but it already has. It's an ill wind that blows nobody good, and it's an ill wind blowing like stink out of Washington D.C, chilling the civilized world, if not that madman, Sadam Hussein - and now we have two madmen, going at it, mano-a-mano for the whole world to suffer. Suddenly, it's "1984", and Big Brother is not only watching us, they are beginning to control our every move, "one small bite at a time" - just like Vincente Fox intends to eat America. So, immigration lawyers may want to look for another profession in the years to come, because the Golden Door to freedom may soon be golden no more and the restaurant called America just may close for lack of customers.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Too bad Mr. Alexander's letters are getting a raw deal from those that either wish there were no immigration laws or no limits on immigration. It seems to me that an attempt at preventing illegal immigration and a greater scrutiny and enforcement of legal immgration is a minimum this country should do and all Mr. Alexander seems to espouse. For anyone to think that insane loopholes such as 245i do not increase processing delays for those that actually obey the laws and try to enter the US legally are foolhardy at best and desperate for more fees at worst.


Dear Editor:
The National Immigration Forum released the following press statement today.

As of March 1, 2003, we won't have the Immigration and Naturalization Service (INS) to kick around anymore. That is the day that the Department of Homeland Security (DHS) officially takes over the range of immigration issues that INS managed - or mismanaged - since the 1930s. Widely recognized as one of the least competent, least successful, and least efficient agencies in Washington, the demise of the INS presents a golden opportunity to improve the way the United States manages immigration and border security. However, whether this golden opportunity is realized or not remains in serious doubt. "We aren't shedding tears for the old INS, nor are we jumping for joy at what replaces it," said Angela Kelley, Deputy Director of the National Immigration Forum, a leading immigration advocacy organization in Washington. "The President got the agency that he wanted, now we have to see how well it works." As the transition and reorganization of the nation's immigration agency begins, Kelley's organization says the most important concerns relate to the Department of Homeland Security's structure, the impact on services, and security and the oversight role of Congress.

Click here for the rest of the release entitled Demise of INS, Will DHS Improve Things?

Douglas Rivlin
National Immigration Forum

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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