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Immigration Daily May 29, 2002
Previous Issues

Editor's Comments

A Letter to the Editor today discusses the mistaken deportation of an American citizen to the Dominican Republic by the INS. Among its many ugly, albeit sometimes unintended, consequences IIRAIRA has created the possibility that the immigration laws can be used to exile an American citizen. When coupled with expedited removal at a point of entry for an American citizen returning from an overseas trip, such exile can be imposed by executive fiat without any check by the legislature or the judiciary. Hector Sylvain, an American born in New York was deported a few years ago and died apparently in consequence of not getting medical care in the country to which he was deported. A few other such sad incidents of mistaken deportation of American citizens have been reported in the last few years. While so far such incidents appear to be mistakes, and the individuals involved do not always incite sympathy, the implications are troubling. In enacting ever more drastic laws on aliens, we are in fact creating a Frankenstein which could hurt all Americans.


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Featured Article

George Bush: Immigration Radical
Gary Endelman writes that "conservatism" is a mental state, not a political state, and that viewed in this light, George Bush is a radical on immigration issues. He argues that a return of 245(i) is inevitable, and that America should take the radical step of getting rid of employer sanctions because the sanctions regime gives us the illusion that something is being done about undocumented immigration. He analyzes a poll conducted for the New Democrat Network and concludes that its findings show that President Bush has a historic opportunity to reshape the GOP.

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Immigration Law News

Immaterial False Statement In Passport Application Is A Crime
In US v. Hart, No. 01-10220 (9th Cir. May 28, 2002), the court held that materiality is not an element of the crime of making a false statement in an application for a United States passport.

Generalized Economic Disadvantage Is Not Severe Enough To Rise To Level Of Persecution
In Fisher v. INS, No. 01-1833 (8th Cir. May 28, 2002), the court said that Petitioner's reduction in salary, which he alleged was due to his religion, was not so severe as to threaten his life or freedom and that his testimony about threats to burn his apartment from Ukrainian nationalists was "only one incident, with no documentation in the record."

IJs Authorized To Issue Protective Orders And Seal Records
The Executive Office for Immigratin Review (EOIR) of the Department of Justice promulgated an interim rule "authorizing immigration judges to issue protective orders and seal records relating to law enforcement or national security information. The rule will apply in all immigration proceedings before EOIR."

HHS Anounces Grants For Refugees
The Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services announced the proposed availability of funds and award procedures for FY 2002 targeted assistance grants for services to refugees under the Refugee Resettlement Program. These grants are for service provision in localities with large refugee populations, high refugee concentrations, and high use of public assistance by refugees, and where specific needs exist for supplementation of currently available resources.

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Deported German Wants To Return To Dying Wife
The Billings Outpost reports on a German immigrant who was "a Billings resident for 19 years, was deported last June to his native Germany despite his marriage to an American citizen. Now his wife ... has contracted lung cancer and may have only a few months to live."

On Backs Of Immigrants
The Philadelphia Inquirer reports "growing numbers of homes are being built with the muscle and sweat of immigrants."

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Letters to the Editor

Dear Editor:
I am pleased to inform you that as an Immigration attorney in the Dominican Republic, I have solved the case of an African American woman who spent two years in an Immigration detention facility in South Carolina (Columbia Care Center), and in April of this year was deported to the Dominican Republic, accused of being a Dominican woman, because her mother was of Dominican origin, though she claimed all the time that she was American.

Mrs. Deolinda Smith a.k.a., Linda Rosario, her name in prison, was accused and convicted of attempted manslaughter, when she tried to defend herself from a crack woman, and spent two years in a New York jail. She was apprehended by INS and after a two years detention, sent to the Dominican Republic.

She suffers from Paranoic Schizophrenia, for many years, and talks about her mother and the Dominican Republic, even though she never came to the Dominican Republic in her entire 70 years.

I traced her family in NYC and with the help of her former High School, discovered her real identity and birth certificate.

She will be traveling back to America at the end of May, with the help of the State Department.

Roque Leonel Rodriguez, Esq.
Santo Domingo, Dominican Republic

Dear Editor:
I specifically used a search engine to find out what people think of the term "alien" with respect to immigration, and if they are other people that are offended by it - as I am. Not very offended mind you, just, well...the word "alien" now has a negative connotation to it, like it or not. It sort of means: not belonging, wanna-be, amongst other things. Even "immigrant" now also has a negative connotation to it, as well as "Third World, " to mention a few. In a word - they are all derogatory. Whether its true or not, is not the issue here, or should I say: it's not my problem. In response to Liem Doan's letter, it isn't ridiculous to feel offended by the word, and in response to JS and LL's letters, they [immigrants] don't choose it. First, the gist about "wanting to be a country of legal aliens," that's well and nice in this day and time. I should remind you that the European settlers - (notice how that has a much more pleasant ring to it?) had no such documents. Nope, not a one. Hey, but that's in the past, hey! Well, let me tell you something that's the same now and was the same then - people move in search of better prospects - they did that centuries ago, taking land by force from the natives, killing, wiping out, thinking its their right... So let's not be surprised if we have illegal immigrants now - call it the primitive drive for the promised land, call it repercussions (although I wouldn't: tax payers money compared to peoples' lives - come on!) Immigrants have been thrown into a situation due to the misfortune of the country of their birth, and are simply searching for greener pastures - damn the man-made laws that try to give to those who have more, even more. No offense anyone - its my humble opinion.


Dear Editor:
I think it is best to put the transcripts of chat q&a in your immigration daily newsletters.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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