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Immigration Daily April 18, 2002
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Editor's Comments

INS announced "significant structural changes in an ongoing effort to fulfill President Bush's pledge to fundamentally reform the agency by creating a clear division between INS's two missions - service and enforcement." The agency's news release, fact sheet, and 42-page restructuring document are featured in Immigration News below.

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ILW.COM Featured Article of the Day

The ABCs of Immigration - E-1 Treaty Trader Visas
Greg Siskind and Amy Ballentine explain the ABCs of Treaty Trader Visas.

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Immigration News

INS Announces "Major Restructuring"
The INS announced a restructuring billed as a first step to fundamentally reform the agency by creating a clear division between its service and enforcement missions, and issued a news release and a fact sheet. Among other things, the plan establishes a direct chain of command for the Border Patrol from INS Headquarters, consolidates various detention functions under Headquarters control and establishes an Office of Juvenile Affairs that reports directly to the Commissioner. The INS issued a detailed 42-page document outlining the restructuring which will eventually split immigration services and immigration enforcement functions into two separate bureaus.

USDA Will Process Suspended J-1 Waivers
The Department of Agriculture issued a "Fact Sheet" stating that it "will act as a temporary IGA [Interested Government Agency] and process the pending 86 applications" which it had suspended processing when it withdrew from the J-1 Visa Waiver Program. It also announced that "the White House has formed an interagency task force to review the J-1 Visa program."

INS Commissioner Ziglar Testifies Before Senate Foreign Relations Committee
In testimony before the Senate Foreign Relations Committee, INS Commissioner Ziglar said that "the terrorist attacks of September altered the priorities ... , placing border security issues at the top of our migration agenda."

Rep. Tancredo Warns Of Danger Of Immigration
In a late night address before the House of Representatives, Rep. Tancredo (R-CO) said: "There is a great danger to this country from massive immigration, both legal and illegal."

DOS Clarification On Intelsat-Related "G" Visas
The Department of State promulgated an interim rule clarifying issues connected to "G" visas for Intelsat subsequent to its privatization.

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Immigration in the Press

Labor Cert Backlog To Receive Major New Funding ?
According to a report by the San Jose Mercury News, on the "" site, the Bush administration budget proposal shifts $138 million from H-1B Technical Skills Training Grants to the US Department of Labor's labor certification program to speed up processing of the case backlog.

Letters to the Editor

Dear Editor:

The letters to the Editor for April 17th. from Ms. Flowers and Mr. Yates seem to have a common theme. It came across to me as: "How dare the United States have the temerity to set the conditions for visitors to the country and to try to enforce its laws?" Ms. Flowers said we were becoming "arrogant" by shortening the minimum period of admission for B-2 non-immigrant visitors. She's apparently worried that other countries will retaliate and that she will be limited on her next visit to Paris. For most of us, though, that long in Paris isn't likely to be a problem.

Mr. Yates, while supporting efforts to extend Section 245(i), wrote that: "The problem is that our immigration system encourages illegal immigration." I agree with him. The "system", through lax enforcement and through ill-advised programs such as amnesty and "245(i)" does encourage illegal immigration.

Mr. Yates also wrote (in part):..."most people will never have a realistic opportunity to come to the United States legally." Again I agree with him. Thank goodness! With 6 billion or so people in the world, most of them won't be able to come here legally. A majority of Americans want fewer immigrants, according to the polls.

I looked at the INS website (, and it appears to me that a B-2 non-immigrant visitor can still be admitted for up to 6 months, if they have a legitimate reason. I used to work on the border in Maine, and it made no sense to automatically admit someone for 6 months when they were "just going over town" for a couple hours. It may be a little inconvenient for folks to have to explain why they need 6 months, but it doesn't seem "arrogant" to ask them.

John H. Frecker
Baileyville, ME

Dear Editor:

Mr. Yates stated that most employers don't look beyond the local area for employees, and therefore the only way illegal aliens could get a job here was to enter illegally. What Mr. Yates fails to consider is that employers who can find employees locally to do the work should do just that--there is no need for foreign workers. In fact, as we have seen in industries such as meatpacking and now construction, the importation of illegal foreign workers creates a labor surplus that drives down and keeps wages low for everyone.

The global reach of the internet and telecommunications, as well as the global appeal of the US education system for foreign students allow skilled (and not so skilled) the opportunity to find US employers--IF they have the skills the market needs, and these skills are valuable enough to the employer that he is willing to sponsor an immigrant. The illegal immigrant, on the other hand, comes here, often times with no particular abilities other than a strong back, no knowledge of English, and no idea of whether or not his particular abilities are even needed. Most often, those abilities aren't really in short supply, or are interchangeable with those of every other illegal immigrant, as well as some citizens. Competition for jobs, then, isn't based on skills but on who'll take the least amount of money for the job.

By Mr. Yates reckoning, every person who wants to should be able to come here--a literal impossibility given the billions of people in the world who would, given the opportunity. It should be the US's decision who we take in, NOT a unilateral decision by the illegal immigrant.

Ali Alexander

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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. Correspondence to Letters may be edited and may be published and otherwise used in any medium.
Editorial Advisory Board
Marc Ellis, Gary Endelman

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