Is Illegal Legal
Probably the most influential lie of the anti-immigrationists is that they
believe in the rule of the law. Their opposition to legalization of the
undocumented, if their war-cries are to be believed, is based on their
belief that such legalization would be an insult to the principle of respect
for the law. After all, if a violation of the law can be repaired,
especially one of as serious a magnitude as unauthorized entry over our
borders, then the law itself is not worth the paper its printed on, so their
argument goes. They usually summarize their view on this with their famous
sound-bite: What part of illegal don't you understand?
We charge that this argument is a lie.
Firstly, every legal system includes provisions for offenders to "make good"
on their offense, to make themselves "whole" after having crossed the law.
Fines and incarceration are usually the two ways to do this. A penalty fee
for late-payers of taxes owed is an example of a make-good mechanism in the
tax codes of most US states. Almost every immigration violation decried by
the antis is at-most a misdemeanor (or even a lesser paperwork offense), and
a 245i-type fine is, in our opinion, about the right mechanism for curing
the offense. The antis would deny this basic feature of our legal system -
by their standards the tax amnesties offered by practically every state
would be a declaration of failure in the rule of the law. Carrying the antis
argument to its logical conclusion, a native-born jay-walker should have the
word "criminal" tattoed on the forehead forever as punishment. The position
taken by the antis on the rule of the law, and the consequences for breaking
it, is out of all proportion to the offense. The antis' argument about the
"rule of the law" has no legal merit (in that it ignores proportionality
which is a fundamental requirement of any just legal system).
But that is hardly the tip of the iceberg of the calumny perpetrated by the
antis. Let's apply the logic of the antis argument on the sanctity of the
law a little further. In Nazi Germany it was the law to turn Jews over to
the Gestapo. By the anti-immigrationists' argument about respect for the
rule of the law, law-abiding citizens in those circumstances should turn
Jews over to be murdered. For those who think that Nazi Germany provides a
bad analogy for the US immigration debate, lets move closer to home. In the
pre-Civil War era, the Fugitive Slave Act demanded that Americans living in
the North return runaway slaves to their owners in the South. By the
anti-immigrationists' argument, violators of the Fugitive Slave Act mocked
the principle of the rule of the law. The antis' argument about the "rule of
the law" is immoral (in that it ignores the distinction between malum in se
and malum prohibitum).
If it has no legal merit, and is immoral, just what is the antis' argument
on the "Rule of the Law" about? It is about race, plain and simple. Despite
loud protestations to the contrary, this is the real reason that the
anti-immigrationists are against immigration. As Pat Buchanan openly says of
large scale immigration - the only problem he has with it is that it is not
from Europe, but from south of the border. The antis would not even be
whispering about the "rule of the law" if a couple of million Danish or
Finns immigrated each year. And here's the clincher on this issue. In a few
years, Congress will overcome the antis' hate-filled message, and will
institute a legalization program. Millions of the undocumented will then
move to the right side of the law. What will the antis do then? If they
believe in the rule of the law they should welcome the immigrants as fellow
Americans with open arms. For those who believe that's what the antis would do, the
moon is made of green cheese. Really.
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Family-Based Immigration: Nuts And Bolts
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The Weaponization Of Immigration
Cato writes "Ignoring illegal immigration then, regardless of its purpose or means, as an expedient of war or politics or humanitarianism, is to make the issue itself a casualty — and a risk which will only worsen."
Bloggings: March 19, 2008
Joel Stewart shares the latest entries to his blog.
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USCIS Announces Overseas Office Closings
USCIS announced overseas office closings in observance of religious holidays.
Help Wanted: Immigration Attorney
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Help Wanted: Immigration Attorney
Charlotte, NC - USCIS Office of the Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Southeast Region. Responsibilities include, but are not limited to, providing legal advice to the Charlotte, NC field office and other field offices on immigration benefits related matters including adjudications involving issues of national security. Applicants must possess JD degree from ABA accredited law school, be an active bar member, and have 1+ year post JD experience practicing law. Preference will be given to applicants with immigration experience, experience in federal court litigation and strong writing skills. For full details, enter COU-CIS-2008-0003 here. Applicants must submit (1) resume, (2) writing sample (10 pps. max), (3) references (4) cover letter. Send to: SER-COU@dhs.gov. All submissions must be received by close of business Monday, March 24, 2008. GS-13-15, position open until filled. No reimbursement expenses offered.
Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. has an immediate opening for an experienced immigration paralegal for a very busy immigration practice. Candidates must have experience in business immigration law, including preparation of H-1B visa petitions and labor certification cases. Responsibilities include preparation and filing of business and employment-related immigration documentation and communications with government agencies and clients. Qualified candidates must have excellent organizational skills, attention to detail, accuracy, consistency and job ownership. Ideal candidate must have excellent written and oral communication skills. Bachelor's degree and a minimum of three years experience required. Qualified candidates please send cover letter + resume to firstname.lastname@example.org. EOE.
Help Wanted: Immigration Paralegal
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The CIS Ombudsman's office is pleased to announce our teleconferences for March are as follows:
"Requests for Evidence (RFEs): How Do They Affect You?" Friday, March 28, 2:00-3:00 EST and "The Green Card Production Process: How Is The Process Working For You?" Friday, March 28, 3:30-4:30 EST. To participate in these calls, please RSVP to email@example.com. Please also indicate how you learned about the program as well as the city and state from which you are calling. We will acknowledge your RSVP and provide the call-in information before the calls.
Readers are welcome to share their comments, email: firstname.lastname@example.org (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.
According to the recent April Visa Bulletin, there is a big movement for India EB-2 category. Is this a result of India's own new fiscal quarter allocation, or it is transferred from unused visa numbers of other countries (i.e. worldwide)? If this is from unused visa numbers of worldwide, why only gave all of them to India, not to China?
Perhaps Mr. Conatser's letter to the Editor (see 03/14/08 ID comment) which classifies illegal immigrants as felons has forgotten the rule of Gideon v, Wainright. The courts have held unlawful presence to be a civil violation, but if it becomes criminal then all defendents will be entitled to counsel, and those who cannot afford private counsel will be entitled to court appointed counsel. Who is going to pay?
Leon Rosen, Esq.
Las Vegas, NV
I really thought that for once ID was going to write something that contributed to the debate rather than ID's normal poison pen about the evil Republicans. I reference ID's suggestion that liberals should share and present their ideas to Conservatives. That is a great idea. But it is apparent liberals are not interested in sharing or proposing ideas, but rather their sole efforts are to suppress Conservative ideas. (See statement from Al Gore about wanting the press to be like the old days, ie. when only the liberals controlled the press.) Second, while much of the Legion report added nothing either but a commercial for misplaced ideals, propaganda and useless sarcasm is in the eye of who is writing it (See ID's 3/13/08 comment). I again suggest that ID confine its efforts toward contributions that help our immigrant neighbors, rather than ID's constant Republican bashing. Anything else just adds to more noise.
It's interesting to read many letters in ID debating the "legality" of "illegal" immigration. The nativists here should be honest that their support on immigration laws is about to discourage foreign competition and support protectionism instead. Fear of competition is always the main reason of why immigration laws and trade barriers were made to benefit those who think they don't have to compete by merits just because their citizenships or belong to particular groups. It's wrong and ridiculous to think that being Americans means we can take anything for granted without working hard and earn it. Costly multi hundred billions dollar wars, reckless spending and irresponsible tax cuts for the rich are the main culprit of why our US dollar collapsing, inflation soaring and our living standard declining. Illegal immigrants are nothing but poor and convenient scape goats for our dumb and corrupt politicians who don't want to take responsibility on our economy malaise by their failure policies.
Pedro Pavon's letter to ID (03/18/08 ID) justly expresses his pride in his accomplishments and his military service. I thank him for his service and wish him well in his future endeavors. But I don't think the fact that
he's done so well means that we should accept all illegal aliens who wish to come here. And it would have been nice if he had expressed just a tiny bit of gratitude to the country which has given him his opportunities for such success.
In the same edition of ID, Linda Cogill's letter did an excellent job in
explaining the problems with the "immigration debate", or the lack
thereof. As long as people on the extreme fringes control the debate,
there doesn't appear that we can achieve any solution to the "immigration
John H. Frecker
From the attitude of ID's 3/13/08 comment, ID is not military, ID is a bloody liberal, ID is a coward and traitor to America and her people. That is the very best I can think about ID. Give me time and I can come up with more proper descriptions. I am retired military. I am a member of the American Legion. I am a member of the VFW (so far a cowardly bunch to speakout against illegals). I am an avid activist against illegal alien foreign nationals and demand their removal. I support actions for the border fence, border security, deportation thru attrition, arresting, prosecuting, and jailing. I am against anchor babies, the Dream Act, social services to illegals, (and more) . I will fight the illegals, ID, and your kind in the streets if necessary. Veterans did not serve and die for the last 200 years...so liberals can deceive, betray, and destroy America.
Just what does ID not understand? Is the liberal ideology not stopping the wind from blowing between ID's ears. ID and its people had better believe the facts ... had better stand for America, our sovernity, our Constitution, our laws, our culture, our language, our very survival. ID is a radical leftist if ID thinks that any illegal alien should be welcome in the US. never. ID is a traitor to America if it aids, abets, comforts, facilitates, condones, circumvents, or contributes to illegals breaking the laws of my country. Politicians, governments (at all levels), churches, foundations, large corps, employers who hire illegals, landlords, sanctuaries, the US Chamber of Commerce, the traitorous US Senate, Pelosi, Reid, Kennedy, Bush, and McCain.......(and more) should all be prosecuted under our present Federal Immigration Laws. Let's do it the military way ... find them ... fight them .... fix them.
Robert L. King
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