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Immigration Daily March 19, 2008
Previous Issues
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Comment

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.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Family-Based Immigration: Nuts And Bolts

Our new book, Family-Based Immigration: Nuts & Bolts; Editor: Charles Wheeler of the Catholic Legal Immigration Network, Inc. (CLINIC) features:

++ Chapters: Immediate Relatives And The Preference System, Overview Of The Application Process For Permanent Residence, Adjustment Of Status, Consular Processing, Immigrating Through Marriage, Grounds Of Inadmissibility, Waivers Of Inadmissibility, Affidavit Of Support, Self-Petitions For Abused Spouses And Children, & Ethics

++ 35 Appendices include: Sample Request For Criminal History, Documenting I-130 Petitions, Sample Motion To Reinstate I-130, Consular Processing Instruction Package, Consular Processing Appointment Package, Suggested Evidence Of Bona Fide Marriage, I-601 Waiver Packet Based On INA 212(h) (Criminal Convictions), I-601 Waiver Packet Based On INA 212(i) (Fraud Or Misrepresentation), I-601 Waiver Packet Based On INA 212(a)(9) (B)(v) (Unlawful Presence), & I-212, Request For Permission To Reapply For Admission After Deportation

++ CD-ROM includes: relevant regulatory sections from 8 CFR, 22 CFR, etc., many forms from USCIS, DOS, SSA & IRS, significant statutory provisions, key BIA & Federal cases, selected USCIS memos, public health service documents, etc.

For more info on Family-Based Immigration: Nuts & Bolts, and to order, http://www.ilw.com/books/familybasedimmigration.shtm. For the fax order form, see here.


Article

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.

To submit an Article for consideration, write to editor@ilw.com.


News

USCIS Announces Overseas Office Closings
USCIS announced overseas office closings in observance of religious holidays.


Classifieds

Help Wanted: Immigration Attorney
Madison, WI - Quarles & Brady LLP seeks attorney with 2-4 years experience practicing business immigration law. Quarles & Brady, a national law firm with offices in Wisconsin, Arizona, Florida and Illinois, has been providing immigration services for over 30 years. Experience in range of business immigration matters, ability to provide exceptional client service, and superb analytical, organizational and case management skills required. We offer collegial environment and competitive salary and benefits. Submit resume, cover letter, transcripts and at least two writing samples of a substantive support letter or a significant memo to: Michelle Bigler, Manager of Legal Recruiting, Quarles & Brady LLP, mbigler@quarles.com.

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 mlhr@mintz.com. EOE.

Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker, LLP's busy corporate/medical/academic immigration law practice seeks experienced paralegal for non-immigrant, immigrant, labor certification and 212(e) waiver cases; intensive client interaction; good writing skills and people skills a must. Send resume to Ms. Maria Harvey, Office Manager: mharvey@stinson.com. No telephone inquiries.

Case Management Technology
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Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: http://aetsinternational.com/applicationforevaluationservices.pdf. AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit http://www.aetsinternational.com, or email: info@aetsinternational.com.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Event
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 cisombudsman.publicaffairs@dhs.gov. 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.


Letters

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

Dear Editor:
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?

David, Esq.

Dear Editor:
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

Dear Editor:
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.

Gary Polozola

Dear Editor:
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.

Robert Yang

Dear Editor:
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 mess".

John H. Frecker
Baileyville, ME

Dear Editor:
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
Hollandale, MN


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 1995- American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. 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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X


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