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Immigration Daily

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Immigration Daily November 1, 2002
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Editor's Comments

The recent arrival by boat of hundreds of Haitian migrants to Florida highlights the problem with current immigration policy. Everyone understands that these migrants want to willingly perform work for which many US employers want to willingly hire them. Unfortunately, current immigration law will not let demand and supply willingly meet. Those against reforming immigration law come from both the right and the left. On the right are those who believe immigration is largely an evil which must be atleast tightly controlled and possibly entirely eliminated. On the left are those who believe that immigration law should be so burdened with protections for labor as to make it largely unworkable, like the current H-2A program. Both together frustrate any meaningful reform to bring the law in conformance with reality. President Bush is one of the rare politicians to frame this issue properly - witness his famous quote to the effect that immigration law should seek to unite willing workers with willing employers. Unfortunately, many on main-street America believe immigration to America is based on American generosity to foreigners, and do not believe that immigration is in America's economic self-interest (this view is shared alike by those opposed to immigration and those who support immigration). Post 9/11, such generosity is understandably hard to find. Until immigration advocates can educate Americans about the benefits to America of immigration, pictures of desperate immigrants landing on our shores will likely continue in our media.


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Featured Article

A Primer For Prevailing Wage Issues In H-1B Cases
Carl Shusterman writes about prevailing wage matters in H-1B cases.

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Immigration Law News

INS Memo On Expanded Meaning of Section 319(a)
INS issued a memorandum providing clarification regarding the expanded meaning of Section 319(a) that extends the benefit of this section of law to "persons who obtained status as a lawful permanent resident by reason of being a spouse or child who was subjected to battering or extreme cruelty by a United States citizen."

Attorney General Ashcroft Expresses Concern for Haitian Migrants
Attorney General Ashcroft released a statement regarding the current Haitian migrant situation and stated "we call upon anyone who is considering similar attempts to come to the United States in this manner to reject this hazardous voyage [...] individuals who arrive in the United States and do not present themselves for inspection are in violation of our country's immigration laws. The INS is currently processing the individuals who arrived yesterday for appropriate action."

BIA Says Two Counts of New York Misdemeanor Marijuana Posession Is Not Aggravated Felony
In re Elgendi, 23 I&N Dec. 515 (BIA, Oct. 31, 2002), the Board of Immigration Appeals said "an individual who has been convicted twice of misdemeanor possession of marijuana in violation of New York State law has not been convicted of an aggravated felony."

DOJ Press Release On TPS Extension For Sierra Leone
The Department of Justice issued a press release on the twelve-month extension to the Temporary Protected Status for nationals of Sierra Leone. This extension, which covers approximately 2,209 Sierra Leone nationals, will be in effect from November 2, 2002 until November 2, 2003.

TPS For Sierra Leone Extended
The INS announced that the Attorney General has decided to extend Temporary Protected Status for Sierra Leone up to November 2, 2003.

DOS Requests Grant Proposals
The Department of State requested grant proposals to "encourage the growth of democratic institutions in Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyz Republic, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan."

White House Press Secretary On Boat Landings By Haitian Immigrants
White House Press Secretary Ari Fleischer responded to many questions on the recent arrival of hundreds of Haitian immigrants by boat in Florida.

Venue Must Be Raised Before Guilty Plea To Preserve Appeal
In US v. Reyes, No. 01-4086 (4th Cir. Oct. 31, 2002), the court said that since Defendant failed to object to venue before his guilty plea for illegal reentry by an alien after deportation for a heroin offense, he was barred from raising it on appeal.

365 Days Is A Year
In US v. Aguilar-Bautista, No. 02-4028 (10th Cir. Oct. 30, 2002), the court said that a term of imprisonment is the term ordered by a court, 365 days is a year, an aggravated felony is a crime of violence for which the term of imprisonment is at least one year, and a state misdemeanor conviction for a crime of violence can be classed as an aggravated felony for sentenching purposes.

INS Changes Interpretation Of Law For Mexican Medical Patients And Schoolchildren
The San Diego Union-Tribune reports "Thousands of Mexican medical patients and schoolchildren who cross the border each year without U.S. visas won't have that option any longer because of a change in immigration policy."

Haitian Asylum Seekers Treated Differently From Others
The Miami Herald reports "Ten months after it was put into effect, the origin of the policy of incarcerating Haitians who arrive on Florida shores seeking political asylum remains a mystery that even veteran legislators apparently can't solve."

Immigration Attorney Debates Rep. Tancredo
The Rocky Mountain News reports on a debate featuring immigration attorney Donna Lipinski and Rep. Tancredo (R-CO) among other speakers.

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Labor Certification Advertising
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Help Wanted: Immigration Attorney
The law offices of Reeves & Associates (R&A) is a nationally known immigration firm that represents individuals, families and businesses for immigrant and non-immigrant visas as well as deportation defense and litigation in the federal courts. R&A was established in 1980 in Los Angeles and has offices in Pasadena, Orange, San Francisco, California and Beijing, China. We employ a professional staff of around 50 in various departments and use an advanced technology system. R&A has successfully represented hundreds of immigrant in the federal courts including national class actions. We help define the rights of immigrants. Our recent expansion to San Francisco - we are located at 580 California St. in the heart of the financial district near the courts and the Immigration Service - requires the addition of another lawyer to our team. Prospective applicants should be licensed and have a minimum of 2 years of full-time experience in deportation defense, business & family visas and appellate practice. The candidate must have excellent research and writing skills, the ability to work independently and supervise others. We offer a highly competitive salary, an excellent benefits package including medical, dental, vision, 401(k) retirement plan with matching dollars, 3 weeks vacation and a very congenial environment. Visit our website at Send resume with salary history to: HR, 2 North Lake Ave., 9th Floor, Pasadena, CA 91101 or fax to: (626) 795-6999 or email to:

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Letters to the Editor

Dear Editor:
In reading the article about the Ellenville, NY man ordered deported for having been a former nazi camp guard, I have some thoughts. This person is now 79 years of age. He has been in the U.S. since 1949, i.e., 53 years! He was a guard patrolling the perimeter of the camp so nobody escaped. He was 20 years of age in 1943 when he was a camp guard for 7 months. It was a different time. Different era. Different rules. He was in the military, subject to orders of his superiors. Hitler was the overall headcheese. He was carrying out orders, like any soldier would in his position. The article doesn't say, but for the last 53 years that he has resided in the U.S., he has a clean record, albiet, his conscience might be hurting. It seems to me, on the surface, that the only reason this man is being deported, is because of our immigration law that states that because of his war record in the nazi regime, disqualifies him from any immigration benefit and, therefore, qualifies him for removal to whereever he is from. For the above, I find that maybe our immigration laws might need some exceptions, on occasions. Surely this man ordered deported is a father, grandfather, and possibly, a great-grandfather by now and removing him is devastating to the whole family! He was 20 years old at the time, serving in a dictatorial regime, following orders for 7 months at this nazi camp. It was war time. The whole world was crazy. It was only until after the war ended that people began to reflect on the atrocities performed by this regime that this man was a puppet in. I also feel for the millions of Jews that suffered and died under this regime for no fault of their own except that they were Jews.

FMA, Paralegal
Portland, Oregon

Dear Editor:
A friend of mine forwarded a copy of David Murray's Pandora's Box letter. I forwarded it to another friend of mine who immediately fired back an e-mail with a copy of a posting that appeared on Giggle Soup for the Soul as "A Letter to Dr. Laura." The URL is While there are several differences between Murray's Pandora's Box and A Letter to Dr. Laura, the passages that are virtually identical can not, and should not, be ignored. Plagiarism? I don't know, but if a student of mine submitted a paper without attributing the source, well . . . .

Name Not Supplied

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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