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Immigration Daily

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Immigration Daily September 27, 2002
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Editor's Comments

Congress is currently working out language on a resolution authorizing the President to use force against Iraq. While it works to achieve this, there is considerable disagreement on the Homeland Security Bill (a.k.a. the Bill to Abolish the INS) in the Senate. Two cloture motions on this Bill were rejected by the Senate on Thursday. If the deadlock continues, this Congress may not succeed in abolishing the INS after all.


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Featured Article

Affidavits Of Support For Immigrant Visas And Adjustment Of Status
Rosalba Novoa writes "Due to the serious implications of signing an I-864, Affidavit of Support, a thorough understanding of the I-864, Affidavit of Supports terms and conditions, is highly recommended before one signs or files."

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:

Immigration Law News

DOS Final Rule On Broadcasting Visa
The Department of State promulgated a final rule adopting as final its interim rule which created a new special immigrant visa classification for certain international broadcasting employees of the International Broadcasting Bureau of the Broadcasting Board of Governors or grantees of that Board.

DOS Requests Grant Proposals
The Bureau of Educational and Cultural Affairs of the Department of State requested Grant Proposals for Bosnia and Herzegovina Undergraduate Development Program and Educational Information Centers in Eurasia.

No Ex Post Facto Clause Violation For Sentence Enhancement
In US v. Valladares, No. 02-1080 (8th Cir. Sep. 26, 2002), the court said the Defendant would receive the same 16-level offense increase for sentencing whether he was sentenced under the former sentencing guidelines, or the current sentencing guidlines (he was sentenced the day the new guidelines went into effect).

House Vote On Korean Immigration
The House of Representatives voted 417-0 to approve a concurrent resolution recognizing the historical significance of 100 years of Korean immigration to the United States.

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Effect Of 1977 Supremes Decision On Advertising In Law Practice Today
The National Law Journal reports on a 1977 Supreme Court decision which permitted advertising by lawyers and how it has affected the practice of law ever since then.

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Letters to the Editor

Dear Editor:
I agree with Carl R. Baldwin in his ILW.COM article entitled "U.S. And Mexico Now Distant Neighbors" and join him in expressing appreciation that New York authorities gave Mexicans a permit to march in their city in a parade on September 15th, commemorating the date when Mexico began its rebellion against the Spanish Crown in 1810 . . . well, any excuse for a parade . . . . but that's not the issue, as I plan to attend the 4th of July parade in Mexico City next year, while I'm down there practicing immigration law without work authorization, and expect reciprocal treatment by Mexican authorities.

As Mr. Baldwin points out, New York authorities exhibited a genuine spirit of homogeniology by failing to take an action to investigate the immigration status of the marchers. But I wonder if they would have been so solicitous to a gathering of ax murders? Now, to quell the instant knee jerk reaction of readers who will undoubtedly seize the opportunity to become enraged by this comment, no, I do not equate illegal aliens with ax murderers . . . the analogy is merely interjected to shockingly make a point, and those finding offense can be presumed to be shocked to the point where they are now listening.

The restraint of the New York authorities once again proves the kindness of the American heart and once again demonstrates that the American people, and their federal, local, and state governments, are the most accepting people on earth, always willing to extend due legal process to all (I know that under the Bush administration, this point is in question - but the ACLU are Americans too), aid to the needy, refuge to the downtrodden, and compassion to the deserving. Those are just some of the cultural traits of America, and Americans, that are rare in this world and they are attributes that make America, and Americans, stand out. Sadly, it is something that is often overlooked by America's critics, and not followed by many immigrants, who, after arriving in the United States, subjugate their own ethnic communities to abuse, degradation and exploitation . . . un-American concepts for certain.

Yes, only in America could illegal aliens come out en-mass and not be rounded up and thrown into the "Tijuana jail". Only in America do illegal aliens have the support and compassion of so many. Only in America are others shown courtesies that are not always extended to Americans in other countries of the world. And bully for us! Teddy Roosevelt would be proud.

Like Mr. Baldwin, I do not believe that the way to stop illegal immigration is to round up people who are participating in a parade. But because America is a country of laws, not men, I believe illegal immigration should be stopped, because it serves nobody good, neither aliens nor America, and it is against the law. Illegal immigration is a crime, perhaps not as serious a crime as serial murder, but then neither is the penalty.

U.S. immigration laws are flaunted daily by illegal immigrants and given a knowing "wink" by local authorities and the general population, especially those who take advantage of paying illegal workers less than their American counterparts. If the laws are not meeting the needs of America, then the laws should be changed. This is a job for the U.S. Legislature . . . unfortunately, comprised of politicians and a political system that too often thwarts beneficial change, instead filling the pork barrels of the greedy.

I believe illegal immigration, and its "Tancredo backlash", hurts immigration in general . . . immigration that is needed, and good for America. I believe the immigration problems of the United States should be resolved by the U.S. Legislature, through the swift passage realistic laws that meet the needs of both America and the citizens of other countries who want to work here in occupations in which they are needed. And, like the U.S. Tax Code, I believe the immigration laws of the United States should be totally discarded and rewritten, along with a restructuring of the Immigration & Naturalization Service that addresses reality, rather than political expediency. Regretfully, America presently does not have a workable immigration system, and because of political derision, it does not appear it will get one in the foreseeable future.

As to President Vicente Fox's statement, as quoted by Mr. Baldwin, "President Bush himself has expressed to us that he would really be our ally in the cause of migration, that we would work together to return the issue to the highest priority." . . . . So long as Mexico's largest import to the United States is U.S. dollars, sent home by Mexicans working in America, and so long as Mexico's most important export to America is illegal workers, there will be no solution, and our two countries cannot possibly become allies in the cause of migration.

My advice to Mr. Fox . . . continue to work for reforms within Mexico that will reduce the ever burgeoning problem of overpopulation, stop the drug traffic, stop the graft and corruption, encourage foreign investment and the creation of jobs. In other words, Mr. Fox, solve the internal problems of Mexico that have been perpetuated for so long by Mexico's ruling families, so the U.S. border will not continue to serve as "the call of the wild."

And bully for us!

David D. Murray, Esq.
Newport Beach, CA

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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