Courts Held Hostage To Immigration
In response to an overwhelming immigration case backlog in the 2nd Circuit, the DOJ is ordering its lawyers across the country to step in and help clear the 4,000+ immigration appeal backlog in the 2nd Circuit. According to a Washington Post article, the assignments have only just begun but DOJ officials expect hundreds of DOJ attorneys to participate, including many with no experience in immigration law who will receive special training. The crackdown of undocumented immigrants post 9/11 along with affirmance without opinion (AWO) has resulted in the immigration case backlog reaching epidemic levels at the federal appeals level as well. Federal courts now receive 1,200 appeals a month, up from 125 appeals a month. This situation at the federal courts will only get worse, unless our statutes are changed to embrace more legal immigration which our economy desperately needs. The immigration problem requires a two-pronged solution; enforcement alone is not a viable solution. Immigration cases are clogging our nations' court system, impeding justice for all disputes, criminal, trademark, family matters, and all cases in general. The time for legalizing more immigration has come and it cannot happen soon enough to unclog justice in America.
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So Bernie Kerik resigned for knowingly having hired an illegal alien to be his nanny. Here is another example of not only how rampant illegal immigration is in this country but how damaging it can be. Can you imagine the individual nominated to be in charge of enforcing the immigration laws of this country was intentionally violating them for several years? I repeat, please stop the insanity and prevent any further illegal immigration. If you do not want to listen to me then listen to Mr. Kerik's reputation which has been forever tarnished under a new episode of nanny-gate.
Has the DHS forgotten about the U Visa? This bill was passed and signed into law by President Clinton. President Bush is on his way to a second term. Is there any way to force the DHS to come out with the regulation on this?
In response to Mr. Baer's letter to the Editor (12/16/04 ID issue), so what you're saying is that we should forgive these
poor individuals who hire illegals and who break the law by 1) hiring them and by 2) not paying taxes
because "There are jobs Americans simply aren't available to do"?
Do you think perhaps that illegals are hired for cost savings because the poor-poor individuals that hire
them don't want to pay the cost of health insurance, social security and federal taxes?
Is that a function of the buyer or seller of labor?
We certainly do have guest worker programs. Why
couldn't Kerik sponsor an an pair? Surely there are
highly qualified an pairs. What about a college student? What about a professional nanny? You mean
to say that Kerik should be forgiven because he had no alternative even though he is a law enforcement
officer? He knew he was breaking the law. Or are there differing degrees of breaking the law?
So if I don't pay my taxes and I don't file because I don't have the money, is that ok? He had a choice to make at the time and now he has to
live with the consequences.
By introducing the Biblical perspective—“Let he who is without sin...”—Mr. Bauer's commentary (ID 12/16/04 issue) hits on the precise theme of the current administration which has undermined it's effectiveness in securing Kerik's confirmation: moral terrorism. The Bush Administration and the “Red State” conservative's who support it have sought too publicly to enforce subjectively determined moral ideals through codification; thus creating an environment where all who are in federal, public life are officially held to a higher moral standard than the members of their constituent population expects of themselves or their own peers. However, letting up pressure to achieve the moral ideal in one area, by appointing to an important, public law enforcement office a person who knowingly employed an alien unlawfully, lessens the Administration's public credibility when it pushes for adoption of other of morality-shaping legislation. How can the Administration claim the moral high-ground as the preserver of the “Sanctity of Marriage”, if it promotes the career of a person who not only broke the immigration laws of the country, but treated his marriage vows as a mere public ritual that really should not be expected to constrain his love life? Personally, I believe Mr. Kerik would do a great job, and the fact that he had extra-marital affairs simply does not figure in my assessment of his competence. But I cannot support an act that permits Mr. Bush to effectively state, “The moral imperatives of my Administration don't apply when it's inconvenient for me and my friends.”
James McTyier, 3L, Stetson University College of law
St. Petersburg, FL
In response to Mr. Baer's letter to the Editor (12/16/04 ID issue), if the industries that employ low-skilled labor currently here illegally really wanted the ability to bring such workers in legally, is there any doubt that we would have laws to that effect? Please don't tell me that agribusiness can lobby successfully for billions in subsidies but can't lobby successfully for laws permitting them to legally bring in low-skilled workers - if such workers were truly needed? Or, are the likes of Wal-Mart (retailing), Tysons (meatpacking), McDonald's (food service) and Marriott (hotels), all large employers of such workers simply too poor and naive as well? The simple fact is, employers want low-skilled workers as long as they don't have to pay for them. As long as there is an unending supply of such workers, preferably here illegally, wages will remain low and the workers compliant. Amnesties throw the burden of supporting such workers on the US citizenry - try supporting a family in the US on what most of these jobs pay, particularly if taxes are taken out. As for guest worker programs - there is the H2 visa program which was sorely underutilized by employers until recently. You can bet that many employers of illegal aliens made no attempt to hire workers through this program, and that most workers didn't seek work through it.
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The Migration Policy Institute is pleased to announce that noted migration scholar Michael Fix will become Vice President and Director of Studies effective January 2005. In this capacity, he will provide intellectual guidance to the Institute's entire research agenda while further developing MPI's concentration on immigrant integration. Michael Fix, an attorney, serves as a Principal Research Associate at the Urban Institute, where he has directed the Immigration Studies Program since 1998.
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