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Immigration Daily July 13, 2005
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Lamar Smith, Babies, And Roses

Rep. Lamar Smith recently wrote an op-ed suggesting that immigration benefit proposals raise thorny questions. We reproduce excerpts of his questions below together with our answers in hopes of enlightening him:

  1. Many illegal aliens enter the US to work ... If current laws are not enforced, how can we expect similar restrictions in a guest worker program to be enforced? (ID comment: If American immigration laws were integrated with the desire of aliens to work here and of American employers to hire them, there would be a significant fall in non-compliance with the law.)
  2. If foreign workers are allowed to bring their families with them and stay for years, why would they return home where a job, if they can find one, pays one-tenth as much? (ID comment: In the great immigration waves of the 17th, 18th, and 19th centuries, a significant percentage of aliens chose to bear the perils of a return voyage to their country of origin. With the safety and speed of modern transport, there is every reason to believe that some aliens will choose to return.)
  3. ... Why isn't it amnesty when illegal entrants, instead of being deported for breaking our immigration laws, are allowed to stay? ... (ID comment: By this definition of amnesty, everyone who had a social drink during the Prohibition era should have been deported.)
  4. ... Rather than legalize illegal entrants, why not increase wages and make these jobs more attractive to American workers? (ID comment: This would make the American economy non-competitive and would end up hurting average Americans and consumers.)
  5. Why wouldn't a guest worker program be an open invitation to potential terrorists? They could enter the country legally, get a job and use the program as cover. (ID comment: It is impossible to prevent a terrorist hiding amongst millions of honest, hardworking immigrants. Is Rep. Smith suggesting that we close down our borders and withdraw into Fortress America?)
  6. ... how is a guest worker program not a net loss for American taxpayers? (ID comment: We refer Rep. Smith to studies by Federal agencies which show that immigration is a considerable economic benefit for all Americans.)
  7. If illegal entrants are legalized, and then sponsor others for admission, why won't this cause a dramatic increase in immigration, which is already at a record high? (ID comment: We sincerely hope that the US is lucky enough to attract as many immigrants as we can.)
  8. ... why doesn't the very prospect of such a program increase illegal immigration? (ID comment: Unlike Rep. Smith, we do not claim to have a crystal ball enabling us to read the minds of intending immigrants.)
  9. A guest worker program involves processing millions of applications, enforcing many more laws and regulations and monitoring thousands of employers. Doesn't this simply create another huge and expensive bureaucracy? (ID comment: We invite Rep. Smith to use his demonstrated creativity and brilliance in coming up with a massive immigration benefits program which can be cheaply and efficiently administered. Rep. Smith's undoubted talents will benefit our national interest by coming up with a solution to this problem rather than by obstructing beneficial and much needed immigration to the US.)
  10. ... Do we really want to take a chance on a massive guest worker program with no cap on the numbers and no sunset without learning the consequences? What impact would such a program have on American workers, wages, social services, health-care costs, schools, taxpayers, and politics? ... (ID comment: All that a massive immigration benefits program will do is to move immigration from the underground to above the ground, can we really take a chance and not do this? We cannot think of anything that would be of greater economic benefit to the American people, individually and collectively, than large-scale legal immigration.)
Roses have thorns and babies need bathwater. We urge Rep. Smith to get with the program.

We welcome readers to share their opinion and ideas with us by writing to


Nurse Immigration Seminar On July 21st

The July 21st session of our healthcare telephonic seminar series will focus on nurses. The curriculum is as follows:

  • EB-3 Retrogression (Impact of 50,000 additional numbers, Mechanics of implementing the new law)
  • Immigration Reform proposals (The H-5A non-immigrant visa, Additional borrowing from unused EB-3 numbers, Doubling of EB numbers)
  • Alternative visa strategies for nurses (H-1C, H-1B, TN, Fs and Js, H-3s)
The speakers will be Sylvia Boecker, Sherry Neal and Bill Stock, with Greg Siskind leading the discussion. The deadline to sign up is Tuesday, July 19th. For more info including detailed curriculum, speaker bios, and to register, please see: (Fax version:


Fencing In Failure: Effective Border Control Is Not Achieved By Building More Fences
Jason Ackleson for the Immigration Policy Center writes "However, policymakers need to start exploring those options by first acknowledging that a truly "smart" border policy which will ensure security, facilitate trade, and justly manage migration will not be achieved by building yet another fence."


USCIS Says 8,069 H-1B Petitions Counted Against FY 2005 Cap
The USCIS announced today that it has received 8,069 H-1B petitions that will count against the Congressionally-mandated exemption cap for FY 2005.


Help Wanted: Immigration Paralegal
New York-based Immigration Law Firm with heavy entertainment based practice seeking paralegal experienced in Non-immigrant visa matters including O & P Visas, H & L Visas. Minimum 3 years experience required. High-pressure position with great potential for the right individual. Submit your resume to Jeffrey Gabel by email at: or by fax: 212-695-3008.

Help Wanted: Immigration Attorney
Midtown NYC - 13 person fast-paced, leading immigration law firm seeks lawyer with 2+ yrs' of business immigration experience handling full range of diverse nonimmig. and immig. matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please submit cover letter & resume to

Help Wanted: Immigration Professional
The State University of New York at Buffalo's Office of International Education seeks applications for the position of Director, Immigration Services. Job duties include managing preparation and submission of H-1B, TN, O, and EB-1 outstanding professor/researcher petitions, EB-2 special handling labor certifications, adjustment of status applications, and consulting on complex J issues. Master's degree + 3 years of related work experience required. JD preferred. Advanced knowledge of J and employment-based immigration regulations also required. For details see: Salary range: $62,000-$77,000. Send resume + cover letter to: Mr. John J. Wood, Search Committee Chair at: State University of New York at Buffalo, Office of International Education, 411 Capen Hall, Buffalo, NY 14260, or by e-mail to Include posting #P-5051 in submission. Must be received by July 27, 2005 for consideration. The University at Buffalo is an equal oppportunity/affirmative action employer, and we especially welcome applications from or nominations of candidates from underrepresented groups.

Help Wanted: Immigration Paralegal
McNamara Koenig & McCarthy, PC (MK&M), a Boston-area law firm with an established business immigration practice, seeks accomplished paralegal with 2+ years experience to join its 7 person team. Busy, collegial firm on Route 128 in Wellesley, dedicated to quality and client service. The Immigration Law Group of MK&M focuses on employment-based immigration, particularly serving the healthcare, technology, financial, and education sectors. Send cover letter and resume in confidence to Julie Sears:

Case Management Technology
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Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
Whatever our varying beliefs concerning resolving immigration problems in the United States, Ali Alexander's letter succinctly hits the proverbial nail squarely on its head (7/11/2005 ID). I applaud his well-phrased retort to Mr. Dahl's letter (7/8/2005 ID). I had considered responding to Mr. Dahl's letter myself, but decided not to dignify his rampage, as much as I would have savored the opportunity to provide a scathing tongue-in-cheek response. Thank you Mr. Alexander, for saying what needed to be said, much better, and much more kindly, than would have I. Frankly, Mr. Dahl's holier-than-thou religious fervor should be offensive to anyone with a modicum of intelligence, and reminds me of a conversation I had with a young girl who approached me as I was watering plants on the porch of my Newport Beach home, purporting to be the prophet tasked by someone holier than I with bringing me the word (as if I had never heard it) of the light and life of a certain savior who will here go un-named, to enhance the chances of my wicked and bound-to-hell being of securing a cushy life in the hereafter. Sadly, this brain-washed youngster had only one hostile retort when I asked what would be the fate of those who did not believe as did she . . . . "kill them", she said, as she rapidly retreated to the comfort of the street below. Let's keep our individual faiths, and our various religious fervers personal, and discuss issues of law, government, economics, and most importantly, immigration, intelligently, without resort to the crutch of fanaticism, either Christian, Muslim, Jew, atheist, or otherwise.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Dr. No's letter to the Editor (7/12/05 ID) seems to assume that all terrorism must be caused by "foreign" and "illegal" persons. Perhaps, Dr. No's letter should think about Oklahoma City and the bombing of the Alfred P. Murray federal building. Its perpetrators were definitely not foreign nor illegal aliens. As of this writing, no one has yet figured out who the London bombers were. These bombers may be simply U.K. citizens. I sincerely hope that Dr. No's letter is not subtly advocating restricting travel and civil rights to thousands of Muslim and Middle Eastern aliens who, for the majority, enrich the economy and culture of many countries, including our own. Unfortunately, terrorism does not care about national borders, race or religion.

A. Hall

Dear Editor:
In response to Dr. No's letter to the Editor (7/12/05 ID), first of all it is impossible to close the borders, the more you try to, the more expensive getting in becomes and the more the criminal element will profit from it - just look how successsful we have been with closing the border to drugs. Our problems with terrorists aren't coming from mexican illegals, they are coming from people with passports and visas from other countries. We couldn't isolate this country from the rest of the world 50 years ago, how can we do it today? I am not happy about illegal immigration but it is a fact of life. Let's accept it and figure out a humane and reasonable way to deal with it. Here's one idea. Do not grant automatic citizenship to children born here unless they are still resident when they reach 3 years of age. At that point, they are becoming Americanized and are part of the community. Step (2) grant residency to those parents of said children, separating them at that point would be unthinkable. Step (3) those people here for 7 to 10 years without any criminal offense and self-supporting should be given the opportunity to become residents. They are contributing to our society and (4) let's open up our immigration policies to allow more immigration and quicker processing. It's what made this country what it is. There is plenty of room for absorption of new people. It's a big country.

Prof. Yes

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. Copyright 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM or members of the Immigration Daily Advisory Board. The opinions expressed in the Comment section are those of ILW.COM and Immigration Daily and do not necessarily represent the views of the members of the Immigration Daily Advisory Board.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Advisory Board:   Marc Ellis, Gary Endelman