Al Qaeda, Immigrants, And The Bill Of Rights
An Editorial in the Washington Post
discusses the indefinite unchecked detention of Jose Padilla, the suspected
Al Qaeda bomber, and says that "if Mr. Padilla can be locked away without
any sort of meaningful review for as long as the United States remains at
war with al Qaeda, the liberty of all Americans effectively becomes the
hostage of presidential whim ... An unbridled power of military detention
will not forever be deployed only against would-be terrorists." As our
readers know, Immigration Daily strongly supports efforts to find and
destroy Al Qaeda wherever it exists overseas. We take strong objection,
however, to diluting our civil liberties at home in the process. And the
reason is clear - history shows that powers granted to the executive are
hard to take back once the danger is passed, and those powers have a way of
being used against everyone, not just against the original targets. On the
former point, Al Qaeda will be just a footnote in history books one day,
whereas our Republic will, we hope and trust, grow ever stronger and more
noble. It is naive to hope that a future legislature will repeal the
powers now granted, or that a benign future executive will not misuse
them. On the latter point, we suspect that many of the new police powers
usurped by the executive, including the one decried by the Washington Post
Editorial, will actually be used against Americans, especially on the
extreme-right. We wish it were otherwise, but the lessons of Waco and Ruby
Ridge lead to just that conclusion. And what does this discussion on civil
liberties have to do with immigration? The connection is simple. In defending the Bill of Rights, one has
to defend not just the unpopular, but often the debased and vile. For
example, defending the First Amendment sometimes requires that
pornographers be defended. It is much the same with criminal aliens. The
attack on the Bill of Rights today is spearheaded by those who set up
immigrants as strawmen to disguise their real aims. In this context, the
defense of immigrants becomes one-and-the-same as the defense of the Bill
of Rights. And on this issue, we are hopeful that even some in the DHS and
DOJ will, at least privately, agree with us.
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Women And Naturalization, ca. 1802-1940: Part 3
Marian L. Smith writes, "The subject of women and naturalization was often as confusing to people in the past as it is to researchers today."
A Legal Guide For INS Detainees: Part 5
The Commission on Immigration Practice, Policy, and Pro Bono of the American Bar Association offers a detailed guide at how to petition for release from indefinite detention.
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Immigration Law News
Rep. Tancredo Says His Bill Will Reduce Immigration By 700,000 People Annually
During a debate in Congress, Rep. Tancredo (R-CA) said," I have a bill to reduce immigration to 300,000 people a year down
from the present a little over 1 million people a year."
No Jurisdiction Where There Is No Meaningful Standard Against Which To Judge BIA's Exercise Of Discretion
In Belay-Gebru v. INS, No. 02-9509; 02-9518 (10th Cir. Mar. 26, 2003), the court referred to the revised Board of Immigration Appeal's (BIA) regulations at 8 CFR 3.2(a) and said, "Because we have no meaningful standard against which to judge the BIA's exercise of its discretion, we hold that we do not have juridiction to review [Petitioner's] claim that the BIA should have sua sponte reconsidered the Immigration Judge's order."
Categorical Approach Does Not Apply To USSG 2L1.2(b)(1)(A)(i)
In US v. Rodriguez-Duberney, No. 02-20713 (5th Cir. Mar. 25, 2003), the court said that the categorical approach used in interpreting USSG 2L1.2(b)(1)(A)(ii) could not be extended to USSG 2L1.2(b)(1)(A)(i), and therefore, the district court did not err in concluding that Defendant's prior conviction for a felony drug trafficking offense justified a 16-level enhancement under USSG 2L1.2.
Florida Immigration Attorney Is Reindicted For Forged Petitions
The Miami Herald reports that "A federal grand jury today reindicted a [Florida-based] immigration attorney for allegedly charging thousands of dollars for bogus paperwork claiming his clients were executives in multinational corporations."
New York Immigration Consultant Is Arrested On Charges Of Defrauding Clients With Promises To Help Obtain Green Cards
New York Newsday reports that "An immigration consultant was arrested on charges he defrauded tens of thousands of dollars from two clients he had promised to help obtain green cards."
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Help Wanted - Experienced Legal Assistants
Busy San Franciso downtown law firm seeks two legal immigration assistants for work involving complex immigration support, legal research, and preparation of deportation defense related forms. Ideal candidates must have 3+ yrs of relevant immigration experience. Additional responsibilities include: maintaining calendar of appointments, assistance with pre-hearing preparations, keeping accurate files and records. Must be skilled using Macintosh, Filemaker Pro software and related programs. Must also possess a notary public license (or within 90 days from date of hire). We offer a competitive salary and a full range of benefits, including paid time off, paid health insurance, and a monthly commuting stipend. Please send a cover letter with your resume to either
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Help Wanted - Experienced Paralegal
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Help Wanted - Experienced Immigration Attorney
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Letters to the Editor
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