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A Resolution For Foreign Nurses
Sherry L. Neal, Esq. writes "As we are in the midst of a severe nursing shortage, the INS is doing its part to clarify the rules for foreign nurses who want to work in the US."
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Immigration Law News
OIG Releases Air Ports Of Entry Audit Findings
The Department of Justice Office of Inspector General released its executive summary findings based on an audit of the INS's air ports-of-entry (POE). Because the full report (174 pps.) contained sensitive law enforcement information that could compromise the INSís inspection operations, only the Executive Summary was released.
White House Says Border Security Dramatically Different From Pre-9/11 Days
During a press briefing, White House Spokesman Fleischer responded to the question, "What progress has been made in the INS of keeping track with Middle Eastern men and their getting student visas?
Guatemalan Denied Asylum Where Past Persecution Not Shown
In Paz v. INS, No. 02-1892 (8th Cir. Mar. 10, 2003), the court said that Petitioner did not show past persecution, a well-founded fear of future persecution, or a basis for withholding of removal, as there was no evidence that when guerrilla forces solicited food and attempted to recruit her, they did so on account of her political opinion or affiliation or any other characteristic that provided a basis for asylum.
Asylum Case Involving Guatemalan Denied
In Ramos v. Ashcroft, No. 02-2818 (8th Cir. Mar. 10, 2003), the court said that although Respondent was not required to show improved country conditions because Petitioner did not establish past persecution on account of a protected characteristic, it nevertheless did so by introducing evidence that, since he arrived in the US, Guatemala's civil war had ended, the guerrillas had renounced violence, and indigenous poplulations who fled during the civili war had been returning to the country.
Immigration Attorney Sentenced To 10 Years In Prison In Labor Fraud Scheme
The Washington Post reports that prosecutors described the case of Attorney Kooritzky, the fourth conviction to come from a year-long investigation by various federal agencies, as one of the largest instances of labor certification fraud in history.
Legislation Introduced In Congress To Better Scrutinize Student And Diversity Visas
The Seguin Gazette-Enterprise reports that "Congressman Paul (R-Clute) introduced legislation more commonly known as the Terror Immigration Elimination Act of 2003, which seeks to better scrutinize student and diversity visas issued to Saudi Arabian nationals as well as those from Iraq, Libya, Sudan and other countries that are reported to harbor terrorists."
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Letters to the Editor
In response to R L Ranger (3/10/03) "Letters to the Editors", Mr. Ranger, I would suggest your re-reading "Les Miserables" so that you can understand the fine points of Mr Baer's analogy. You must agree for sure that the law is not always moral; if you can not see that the fictional character we are referring to suffered many injustices in the name of a system fixated with the application of the letter of the law, you will not understand the plight of the illegal immigrant. We would be hard pressed trying to find a moral justification for the genocide committed against the original inhabitants of these American lands (the whole continent); but yet, I would not condemn our present society only because in part it stemmed from such pillage; in your words: what kind of "citizen" will be the result or what kind of society will be achieved, when illegality is the origin?
As does Richard Baer in his letter to the Editor, I like Emma Lazarus' poem, "The Golden Door". But we must remember - poets are idealists, and that poem was written in a different time, a different age in fact. And what Emma was talking about, of course, was legal immigration from around the world - people coming to a land that needed immigrants to add a spark to the economy of a new and developing country. Let us not confuse Emma's intent with the dilemma that today faces the US on our Southern Border, where greed, power mongering and corrupt politics have contributed to poverty and economic stagnation, while at the same time the Catholic Church puts the kybosh on birth control and planned parenthood, resulting in overpopulation. Let us further not view Emma's epic poem as a government regulation, notwithstanding that it appears on a government-owned monument. The last time I looked at the INA and 8 CFR, I found no mention of any law or regulation granting the tired, poor, huddled masses yearning to breathe free visas to enter the US, much less, "the wretched refuse of your teaming shore.", in fact, quite to the contrary. And remember further, that when the tired, poor, huddled masses arrived at Ellis Island, Dr. Baer's relatives among them, they immigrated legally and learned English. And that's the way it should be.
David D. Murray, Esq.
Newport Beach, CA
I am always astonished how one succinct statement on my part can elicit a torrent of words in reply.
I have no interest in entering into debate; I just want to make a few brief comments:
The fact that all of the 9-11 terrorists were illegal aliens does not establish a correlation that all illegal aliens are terrorists. Interaction with immigrants means something more than observing someone busing a table, picking up refuse along a roadside, or shopping in the same supermarket. It means socializing with them. A person's circumstances may explain behavior that may seem to deserve reproach. (An old Indian saying: "Do not judge someone until you have walked a mile in his shoes " [moccasins].) Those of us who come from European ancestry have never experienced discrimination because of color or race.
A solution presented in one letter for illegal immigration was deportation, and the web site, www.deportaliens.com., was supplied for details but no details found.) The writer wrote that overly mixing of cultures results in chaos and infighting; and, that immigration is diluting America. In the 1940s, the Third Reich claimed that overly mixing of Jews, Gypsies, homosexuals, and non-conformists with the Germanic nation was destroying the Aryan race. They came up with a plan to remedy this, which they named The Final Solution. History renamed it The Holocaust. And finally: "engineered" can be defined as "manage skillfully". American Heritage dictionary defines the word also as: "To plan, manage and put through by contrivance [i.e. to plot with evil intent; scheme]. President Polk was not "skillfully" driving a locomotive down a railroad track during the Am-Mexican war; he was stealing half of the then Republic of Mexico.
Richard E. Baer
I find RL Rangerís letter saying that his being referred to as "bigoted" is meaningless name calling funny. In that same letter he says that he has had more contact with people of Mexican descent than he would prefer, he talks about the dilution of American, and the over-mixing of different cultures. If his views aren't bigoted, then what is? The anonymous letter referring to him as "bigoted" was written by me. I wrote that letter and inadvertently sent it without my name. As for his being a "limited migrant advocate" I guess he means limited to people other than Mexicans?
In response to Mr. Baer's letter, the Catholic Church has been a major force in Mexican and Latin American life for centuries. Look where religion has gotten those countries--politically corrupt, overpopulated, and poor.
On my last letter I forgot to recognize Mr. Richard E. Baer's contribution to this great immigration portal.
I appreciate his effort in making sense of our presence in the US as "civilized people". After watching a series of historic videos about the Native Americans it made me wonder why some people are so quick in raising their voice in criticizing those that come to "our land" in search of freedom and opportunity. Unless we are Native Americans, by just being here without their invitation, we are as guilty as the "illegal immigrants" that live here today. I honestly feel that my European ancestors invaded this land and took it from the Native Americans by force and I will always remember that. I believe, if Jesus Christ was living in America today and was asked about the "illegal immigrants", He would start writing on the sand the names of those who are here as the result of the massacre of the Native Americans, and raising His face would ask: "Those that are not living here by invitation of the Native Americans cast the first stone". We need to be law abiding people, but in terms of living in America the exception of the law is: Who came here first and has the legitimate right to be here? Those that are already in our soil has as much right to be here as I who is a descendent of Europeans that slaughtered the Native Americans and took advantage of the African slaves.
I would gladly move back to Europe if everyone would agree to return "their land" back to the Native Americans and apologize for invading it.
The issue of security is an issue of watching our borders and make sure that everyone that live in our soil today is here to work hard, raise their children and be the best they can be.
The immigration system does not work properly in our country. If it did, people would wait their turn to come in here legally and there would be no surge of shortage on the labor market.
People started jumping our borders because they heard that there were tons of unskilled job opportunities in the USA and not enough labors available and it became a supply and demand factor. This is the result of our nation's economic growth along the years as well as other world society factors.
Anyone else involved in any activity harmful to our society, our justice system can deal with them .
Back-breaking "illegal" workers are not a treat to our nation.
Those that are working at least 40 hours per week for U$230.00 or less are not a treat, but are the ones that are keeping our cost of living at the level we have it today and bringing least expensive food to our table as well as other basic services.
Without them the cost of living here would be much higher.
Our nation has been taking advantage of the cheap labor since her existence and the ones that bring their tired hands has to be recognized in our society with legalization, otherwise we are abusing them and denying them their dignity as human beings despite the benefits they provide and we enjoy comfortably.
In terms of who has the right to be here, you can not use one weight and one measure unless you are, as I said before, a Native American.
Even as a non-attorney, I am aware of the advice: If you
have the facts, pound them, if not, pound the table. The "table" of
compassion and idealism has been pounded hard in recent letters on
immigration, now with reference to religious forgiveness regarding
illegals. The question could be raised why Law should adhere to
Christian principles here when they are being abandoned in so many other
areas. But, even a Supreme Being cannot allow mercy to rob justice (or common
sense), even with forgiveness, otherwise God would cease to be That.
Even allowing for the sincerity of these advocates, compassion and
charity work best for private individuals and groups, not as government
policy. When done at the latter level the question: "At whose expense?",
always has to be raised. Pres. Bush's recent "donation" of aids funds
for Africa is not wholly virtuous or at all as the extraction from
taxpayers is not voluntary whereas private donations would be.
Similarly, excessive immigration policy that purports to be
compassionate comes at a great price and effect to existing citizens. True charity does not come
at the expense of others. Also, recipients of compassion and forgiveness
should display an element of remorse and refrain from repeating the
offense. Many come here explicitly to take advantage of US and our
benefits in some way and with Mexico, it has become a calculated policy.
To reward illegals with amnesties or in other ways who deliberately and
arrogantly "crowd to the front of the line" of those patiently waiting
to enter legally with fiat forgiveness is unjust, unearned and only
encourages more of the same behavior and makes a mockery of the legal
process. The sanction of deportation is required to bring order, justice
and discipline to immigration policy as well as the need for reduced
numbers of legal admissions ( A "time-out" period could be justified ).
This would display rare compassion for American citizens and respect for
their rights and concerns. †
R. L. Ranger
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