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Immigration Daily May 17, 2002
Previous Issues

Editor's Comments

We would like to solicit comments from our readers about a change we contemplate making for the email version of Immigration Daily. Some readers have remarked that the "subject line" of the email version ought not to be the date of the issue. Apparently, these readers use the subject line to decide which emails to read and which spam emails to delete. Before we make a final decision, we would welcome comments from all our readers who can take the time to send us a quick email at When you write us, please also feel free to suggest any improvements you would like to see us make to the Daily.


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Featured Article

INS's Proposed Visitor Regulations Would Scapegoat Immigrants
Carl Shusterman, through a slightly facetious example, points out that "the only victims of the proposed [INS] regulations [for visitor visas] will be those tourists who do play by the rules."

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Immigration Law News

Wage And Hour Secures Back Pay For H-1B alien
The Wage and Hour Division of the Department of Labor won a default judgment for over $20,000 in back wages to an H-1B employee after counsel for employer withdrew "for good cause shown."

Victim Of Crimes Act Reports Highlight Undocumented Issues
The Texas Office of the Governor - Criminal Justice Division has prepared a report reported by US Department of Justice under the Victim of Crimes Act. A portion of it reads "There is a fear of contacting police and/or filing a police report due to immigration status and deportation issues." A similar report from North Carolina reads "victim service providers need training on immigration concerns, especially as it relates to working with undocumented immigrants."

SEVIS Regulation Proposed For F, J And M Aliens
INS proposed a rule to amend its regulations governing the retention and reporting of information regarding F, J, and M nonimmigrants. This rule will implement the Student and Exchange Visitor Information System (SEVIS), and establish a process for electronic reporting by designated school officials (DSO) of information required to be reported.

Other Federal Register Items
The Department of State has published a Final Rule on consular fees the summary of which says "as a result of new data on the cost of services, most fees are being increased." INS submitted an emergency request for comment for form I-823N to create "an automated dedicated commuter lane (DCL) program for low-risk travelers who frequently cross the land border between the United States and Canada." INS is seeking comments for Form N-336, Request for hearing on a decision in naturalization proceedings under Section 336 and has extended the comment period for SEVIS (the Student and Exchange Visitor Information Systems).

Almendarez-Torres Controls, Not Apprendi
In USA v. Barrera-Diaz, No. 01-4794 (4th Cir. May 16, 2002), the court said that Defendant's suggestion that his sentence for illegal reentry subsequent to deportation after conviction for an aggravated felony was improperly enhanced because the indictment charged only that his previous conviction was a felony and applicable Supreme Court case law directs that the statute applied to Defendant sets forth a sentencing factor and not an element of the offense.

Border Security Statute Text
The actual text of the Border Security Statute is now available.

SEVIS Program Launched At INS
Introducing SEVIS, Attorney General Ashcroft said "we begin the process of bringing our student visa system into the 21st century."

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Other Items

Applications Processing Halted At Some INS Offices
The Washington Post reports "The processing of thousands of immigration applications has ground to a halt in an unknown number of Immigration and Naturalization Service offices because workers have not been provided the equipment or training to use a new security database, INS officials said yesterday."

Article Details INS's Problems And Challenges
The Government Executive magazine presents an overview of the problems facing the INS's managers and quotes an INS spokesman on prioritizing efforts at apprehending the undocumented: Its like a cop trying to catch speeders ... You cant catch everyone, so you set the radar at 70 mph. We concentrate on aliens convicted of crimes. Noting INS's unheralded achievements, an INS officer says: But two years ago, we had 2.2 million naturalizations pending. Now we are down to about 600,000. Wait times that were three years are now nine to 10 months.

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Chat with Marshall Cohen
Attorney Marshall Cohen will answer questions on all aspects of immigration law on Friday, May 17, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

Letters to the Editor

Dear Editor:

[I would like to] comment on your editorial comment in Immigration Daily, May 16, 2002: "... We are happy to carry letters expressing all points of view, even those opposing our own. We sincerely believe in freedom of expression and speech, and are proud to carry on this distinctly American tradition."

You are doing a great job in reporting immigration news, and your site is destined to be the standard of immigration news reporting...

Your statement above is well written and well advised. Your idea to put the Letter to the Editor last and to keep the open dialogue running is great. We need discussion on these issues, and your forum is the only place I know of where such discussion on immigration is open. A free and unbiased press and a free society go hand in hand. I just hope legislators, INS, DOL and State Department officials are reading your web site.

Keep up the good work!

David D. Murray, Esq.

Dear Editor:

Personally, though our exchange of letters is not always substantive, and apparently bores Mr. Van Doren, I have found them helpful in clarifying some of our points of difference. I hope others have as well. For instance, Dr. Baer and Ms. Flowers have a different interpretation of what "multiculturalism" is than I do. A friend and I have discussed "English as an official language" and "bilingual education" and have found out that we have different views about what these are. It sometimes even turns out that what we thought we disagreed on, we actually have a fair amount of agreement on. She, as a teacher, thought I opposed her idea of bilingual education, which was basically support for nonEnglish-speaking children in English-speaking classrooms. I don't. What I was talking about were "bilingual" programs in which most of the instruction was in the foreign language, for a period of years. Of course, it doesn't help that politicians, government officials and the press use these terms as shorthand covering a range of variations, without explaining them. It's a bad habit that the rest of us have, as well.

Ali Alexander

Dear Editor:

As a "deserving" subject of the rebuke by Mr. Van Doren in the Letters to the Editor on May 16, 2002, I tend to agree with him. Our opinions count for little, except collectively. We all know about opinions - everybody has one.

I, for one, will try to confine my letters to what appear to be issues of fact. But that, too, may be in "the eye of the beholder". The "debate", referred to by Mr. Van Doren, in this country should be based on fact, not emotion.

John H. Frecker
Baileyville, ME

Dear Editor:

My letter of 5/13/02 was as explicit and as clear in expressing my convictions as my command of the English language permitted me. I left no room for speculation on what he implies or on what he appears to be in favor of. It was as factual as I could make it. I never assume I know what someone else is thinking or implies and one should not assume the same about me.

My principle concern is and has always been for the plight of the 3 million or so undocumented Mexican workers in this country-- a concern that one writer ungraciously labeled as my pitch.

What the year 2100 will bring, we can only conjecture. The writer who speculates that by the year 2100, we could well be at about 1 billion people does just that; he conjectures. He does not make it clear of whom the 1 billion people would consist: A population of 1 billion? 1 billion immigrants? He qualifies his statement with if present trends continue? What are the present trends that must continue?

I suggest that the writer limit his concerns to just the next ten years and that he read the well-documented testimony presented on 4/06/02 to the U.S. Senate by the president of AILA, Steve Ladik, in which he recounts, among other testimony, the present and the future labor needs of this country by the year 2010 as reported by The American Health Care Association, the American Hotel and Lodging Association, the American Meat Institute, the Association of General Contractors, the Building Service Contractor Association International, The National Association of Home Builders, the National Restaurant Association, the National Roofing Contractors Association and the US. Chamber of Commerce. Mr. Ladiks other testimony on immigration is also relevant and must reading. It provides real information on immigration and covers concerns that are more important than what may happen a hundred years from now.

Who can say what will happen in another one hundred years? Think of all that has occurred in the past 100 years (since 1900): The invention of the automobile, the airplane, radio, television, computer technology, the atomic age, cellular phones, trips to the moon, voyages to outer space, and more. I wager that the next 100 years will be even more spectacular and will probably provide scientific, social and political changes that we cannot even imagine at this point in time.

Richard E. Baer, D.V.M.

Dear Editor:

It is known to all that the LIFE Act (the Legal Immigration Family Equity), signed by former President Clinton on December 21, 2000, created a new visa category, the V visa, allowing spouses and children of the lawful permanent residents in the F2A category to come to the U.S. to join their family. Furthermore, this Act also reinstated Section 245(i) of the INA with a limited period until April 30, 2001, which allowed about 800,000 aliens staying in the United States illegally to adjust their illegal status to permanent residency. It is very praiseworthy that in view of the nuclear family policy of the United States, the new V visa has been created for the children to join their parents. But, the children, who were already approved under F2A category and later transferred to the F2B category because of their turning 21 years of age while waiting for immigrant visa number, have been debarred from being eligible for the V visa. With this, it is certain that justice is not done to the children of F2B category who have been separated from their parents for more than 8 years, because they were totally ignored when the new V visa was created. In a democratic country, equity should be at the heart of our immigration policy, and whatever benefits and relief are offered should be given to all immigrants. To separate the children from their parents for such a long period, doesn't seem to be fair and just for a democratic country like the United States, where equality and freedom are expected by all on an equal footing. Honorable Senators Daschle(D-SD), Kennedy(D-MA) and Dodd(D-CT) are said to have introduced jointly in the Senate a bill S.2493 titled "the Uniting Families Act of 2002", which would allow families to stay together in the United States. In view of the hardships being faced by the above children of F2B category and their parents, it is high time that the US legislators amended the LIFE Act or inserted in the recently introduced bill S.2493 a provision, that will allow the children of F2B category also to be eligible for the V visa.

Sushil Babu

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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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