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Immigration Daily December 15, 2005
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Bill Of Rights Day

"It does little good to to tell people how their rights are being destroyed unless they know what their rights are." Such is the inspiration behind the creation of Gran'pa Jack's "It's Common Sense To Use Our Bill of Rights....or Lose Them!" This comic book explains each provision of the Bill of Rights clause by clause using easy to understand illustrations and examples. It's ironic that the House of Representatives will be voting on Rep. Sensebrenner's anti-American immigration bill on December 15th, Bill of Rights Day. All those involved in immigration law should read this invaluable booklet. Who knows, if Rep. Sensebrenner reads it, he may pull his bill!

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


Immigration Books

ILW.COM is pleased to feature the following distinguished works of scholarship:


Update From The US Consulate In Ciudad Juarez
Charles Wheeler, Esq. provides a summary of the information received on November 17, 2005 from US Cd. Juarez Consulate officials.


Posner Chastises DHS, DOJ For Immigration Error
In Benslimane v. Gonzales, No. 04-1339 (7th Cir. Nov. 30, 2005), the court said that "All that is clear is that it cannot be in the interest of the immigration authorities, the taxpayer, the federal judiciary, or citizens concerned with the effective enforcement of the nation's immigration laws for removal orders to be routinely nullified by the courts, and that the power of correction lies in the Department of Homeland Security, which prosecutes removal cases, and the Department of Justice, which adjudicates them in its Immigration Court and Board of Immigration Appeals."


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Labor Certification Advertising/Recruiting
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Readers can share their professional announcements (100-words or fewer at no charge), email:

Honors And Awards - Best Of The Bar
Mira Mdivani was voted Best of the Bar, Business Immigration Law by the Kansas City Business Journal for the second year in a row.


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:
It is not only conservative Republicans like Lamar Smith who believe there is a fixed number of jobs threatened by immigration (see 12/14/05 ID comment). Indeed, this is the operating motif of our entire immigration system shared by both the Left and the Right that continue to view immigration as a problem to be controlled rather than an asset to be maximized. Not until we throw off this command and control mentality will we as a nation view employment-based immigration in a strategic sense worthy of more numbers and more respect. Only then will this archaic and misguided view change. Only then will America find new and creative ways to use immigration as it was meant to be- an invaluable resource that can grow the economy, create new jobs and make the nation wealthier, more competitive and more secure. The main objection to the Lamar Smith position is not that it frustrates aliens or annoys business, both of which are certainly true, but that it does a severe disservice to the very economy in which we all work and on which we all depend.

Gary E. Endelman, Esq.
Houston, TX

Dear Editor:
There was a comprehensive study done several years ago by some prestigious organization (it might have been the National Academy of Science, I don't remember). And, I think that it was reported in Interpreter Releases. The study flatly contradicts the assertions by Lamar Smith and Co (see 12/14/05 ID comment). Instead, it found that (1) that the impact on new immigrants was initially "negative", i.e., that they took more economic benefits that they gave, when getting settled here, but (2) once settled, they gave back far more than they received, and (3), most importantly, that since the social network (and support systems) of the "poor Americans" and the immigrants were different, there was no economic connection or impact between the jobs that immigrants took and the plight of "poor Americans". Since this study was done by a prestigious and neutral organization and contained both positive and negative elements, it's worth citing to, I think. But, you rarely hear anything about it from the anti-immigrant forces who couldn't care less about the true situation of immigrants and the positive things that they do for this country, but are more interested in stoking the fires of hate and xenophobia.

Timothy G. Herrick, Esq.
Jersey City, NJ

Dear Editor:
Even more interesting than conservative Republicans espousing Marxist ideals is Immigration Daily advocating supply side economics (see 12/14/05 ID comment).

San Francisco, CA

Dear Editor:
Populist politicians are the same all over (see 12/14/05 ID comment). They cater to the insecurities in the masses to increase their political base and strength. Generally this results in a call for greater government intervention and reduce individual liberties. The basic tenants of a free society including the freedom to contract has become a privilege doled out by the government.

Rob Vira

Dear Editor:
I enjoyed reading Peter Spiro's Dual Nationality: Unobjectionable and Unstoppable (12/14/05 ID article). However, the article omitted something when addressing the issue of dual nationals and conflicting loyalties, specifically "There appears not a single notable instance of a dual national having engaged in espionage" but the article failed to mention the issue of a dual national having committed treason. Tomoya Kawakita was a native-born US citizen and a "passive" national of Japan (through parentage) who worked as a civilian for a Japanese corporation producing war materials. He supervised and brutally abused US prisoners of war forced to labor for the Japanese war industry. The facts of the case are discussed in Kawakita v. US, 343 US 717 (1952). Kawakita never served in the Japanese armed forces and never renounced his US citizenship. In fact, he asserted his US citizenship after Japan lost the war and returned to the US. I guess that Kawakita resolved the issue of dual nationality by following the maxim Ubi bene, ibi patria. Kawakita was convicted of treason and sentenced to death. The Supreme Court upheld the conviction and the sentence. I believe that President Eisenhower commuted the death sentence for foreign policy reasons. The article could have made a stronger argument that dual nationality is unobjectionable had it candidly addressed Kawakita.

Bruce R. Mulraney
Los Angeles, CA

Dear Editor:
Immigration Daily's 12/14/05 nitpicking, specious and laboriously contrived comment on the Times op-ed article by two US Representatives continues a tradition or "jihad" of reckless, biased and myopic opinion. Their statement, "the result of a large illegal immigrant workforce is that the poorest Americans must compete with those illegal immigrants for jobs", is obviously true since if the illegals were not here, US workers would not have to compete with them for jobs. Their prior concerns regarding the poor are not material. What is not so obvious is ID's "pie-in-the-sky" conclusion that economic activity is increased by immigration or that the net effect is positive. Many studies show otherwise. It is also misleading to refer to illegals as merely "undocumented" as if only minor paperwork needs to be completed for legitimacy. It is further misleading to continue to refer to those who believe in limited legal entry with no illegal entry as "anti-immigrant". With selected, limited and allocated legal immigration, the positive aspects of immigration are more likely to be seen without so much of the negative that we now experience with liberal and lax policies. Those who believe that driving safe, reasonable and prudent speed limits upon the highways are not anti-auto, anti-travel or anti-driving. They just prefer a safe, orderly environment and wish to promote preservation, not chaos, irresponsibility or recklessness. Open border and unrestricted entry advocates are in effect calling for an end to traditional America as our borders and those who we allow to come, define US and our future. Now that really is Marxist.

R. L. Ranger

Dear Editor:
Immigration Daily, which started out as a wonderful and informative newsletter covering immigration issues, has now devolved into an anti-Republican, anti-national and, I will say, anti-American screed (see 12/14/05 ID comment). It never misses the opportunity to demonize all those who do not want open borders as "restrictionists," all those who favor I.D. cards as "racists," and all those who want the law enforced for everyone as "mean-spirited" and "anti-immigrant jihadists." Each week I find myself wondering why I still subscribe to this newsletter. Even AILA is rarely as partisan and pathetic sounding as the editorials of Immigration Daily are becoming. I would urge Immigration Daily to reconsider its anti-national position. America has 4% of the world's population. Don't you think, if we had open borders, that the other 96% would eagerly make for our shores, overwhelming our capacity to assimilate them? Does Immigration Daily see America as only an economic dumping ground, rather than a homeland and a culture that many of us revere? Is Immigration Daily so racist as to think that all law-abiding Americans of Hispanic heritage favor open borders and limitless illegal immigration? There is a reason Immigation Daily's opinions are in the minority. Americans, those who are born here and those that emigrate (legally) to America, learn to love this country and don't want to see their nation commit suicide.

Katelyn Giovino, Paralegal
Bedford, MA

Dear Editor:
In response to S. Salike's letter (12/14/05 ID), how does S. Salike know that the citizens of the South Asian country granted F-1 visas are not returning to their country, or perhaps moving to a third country like Canada? The US government does not report on the whereabouts of specific individuals. Further, the non-immigrant intent is assessed at the time they apply for the visa and for a reasonable time thereafter. They are not supposed to swear to never have immigrant intent. Nothing prevents them from later switching to an H-1B visa, that allows immigrant intent, or marrying a US citizen.

Washington, DC

Dear Editor:
First I want to thank Immigration Daily for a super job you're doing in informing us (lawyers) and the public on the current immigration news and events that affect all of us. In the 12/07/05 issue, the notice of closing regional offices for the division of foreign labor, included an alternate contact information that was supplied to Immigration Daily. I tried to contact the Philadelphia center at the Telephone number 424-270-1500 and I found out that was a wrong number. The correct number is 484-270-1500. I hope you can pass this information to Immigration Daily readers. Again, I thank you for all your hard work in educating the immigrants and their lawyers on the current events that affects their life.

Berj L. Massmanian, Esq.

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Publisher:  Sam Udani    Legal Editor:  Michele Kim