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Immigration Daily

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Immigration Daily November 5, 2002
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Editor's Comments

Today's Featured Article "Use Of The Social Security Fraud Statute In The Battle Against Terrorism (42 U.S.C. 408(a)(7)(A)-(C))" by John K. Webb, a Special Assistant US Attorney, has many points on immigration-related matters. Among them:

  • An individual who wrongfully uses or misrepresents a social security number can also face criminal penalties under 18 U.S.C. 1001, which makes it a criminal offense to make false statements in any matter under the jurisdiction of any federal department or agency of the United States... [This includes] false attestations and/or statements made to employers on I-9 forms for the purpose of satisfying a requirement of 274A(b) of the Immigration and Nationality Act, 8 U.S.C. 1324(b), and false statements made on applications for FAA security badges, passports, visas, or asylum applications.
  • Direct evidence is not always necessary in order to prove that a defendant intended to use a social security card or number for deceptive purposes. Mere possession of a social security card or number that does not belong to a defendant is sometimes sufficient to support a finding that the defendant intended to deceive.
  • The Ninth Circuit has held that an aliens use of a false social security number to further otherwise legal conduct is not a crime of moral turpitude.
  • It is not necessary that the false use or representation of a social security number have a detrimental effect in some way on the government to be actionable... Any use of a false social security number on non-federal documents is still actionable under 408(a)(7)(B)... Further, it is not necessary to prove that the defendant used a false social security number for payment, gain, or pecuniary value.
The article includes lengthy sections on "Rampant misuse of social security numbers among individuals living or operating illegally in the United States" and "Operation Tarmac." Post-9/11, the tentacles connecting immigration law to a variety of sundry matters number more than that of a multi-headed hydra. Social security matters are among the more important of these tentacles. All those interested in immigration law, especially its post-9/11 enforcement, will find this article interesting reading.


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Featured Article

Use Of The Social Security Fraud Statute In The Battle Against Terrorism (42 U.S.C. 408(a)(7)(A)-(C))
John K. Webb, Special Assistant US Attorney, Central District of California and District of Arizona writes on social security fraud with a detailed discussion on immigration-related matters.

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Immigration Law News

DOL Dismisses LCA Matter
In the Matter of Maxim Group, No. 2002-LCA-00026 (OALJ, Oct. 31, 2002), the Office of Administrative Law Judges dismissed the case pursuant to a joint motion to dismiss by the parties.

President Bush Says House Immigration Sub-Committee Chairman Should Secure Border, Track Immigrants
During a speech in Harrisburg, PA, President Bush said "we've got a man like George Gekas, who's the Chairman of the House Subcommittee on Immigration and Border Control and Claims. Seems like to me it makes sense if your country is under attack to keep him in that important position. After all, one of his jobs is to make sure our border is secure, that we know who's coming in and who's going out and what they're bringing, and whether or not what they're bringing could hurt the American people."

DOJ Changes NSEERS Policy Toward Canadian Citizens In Response To Canadian Complaint
The Department of Justice issued a press release stating in response to concerns previously expressed by the Canadian Government about the National Security Entry-Exit Registration System (NSEERS), in late September the US changed the treatment accorded to those individuals who were born in the countries listed in the regulations and who are Canadian citizens. Place of birth, by itself, will not automatically trigger registration."

"S" Visa Rule Now Final
The Department of State adopted as final the interim rule creating the nonimmigrant visa classification,``S'', for certain alien informants and witnesses.

Lozada Applies Absent Reasonable Explanation For Failure To File Bar Complaint
In Chmakov v. Ashcroft, No. 01-1574 (3rd Cir. Nov. 4, 2002), the court denied the Petition for Review since the Petitioners did not comply with applicable circuit precedent requiring a reasonable explanation for failure to file a bar complaint while alleging ineffective assistance of prior counsel.

Extending Immigration Stop For Signs Of Narcotics Trafficking Violates Fourth Amendment
In US v. Portillo-Aguirre, No. 01-50476 (5th Cir. Nov. 1, 2002), the court held that a Border Patrol agent unlawfully extended an immigration checkpoint stop of a commercial passenger bus passenger to look for signs of narcotics trafficking, in violation of the fourth amendment.

Rep. Lamar Smith's Anti-Immigration Stance And The Election On Tuesday
The Texas Observer reports that Rep. Lamar Smith's (R-TX) "record on immigration is barely even a campaign issue. It should be."

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Letters to the Editor

Dear Editor:
I must add my critique to that of David Murray's regarding Immigration Daily's myopic editorial of Nov. 1st. To view the Haitian boat landing only in economic terms and ignoring other considerations cannot be justified, nor as Murray concludes, can this agenda be helpful in the need to reform INS policies. America cannot absorb unlimited numbers who may wish to come here outside of legal methods as Murray superbly points out. Popular writer, Sam Francis adds clarification to this: "The Open Borders lobby has managed to get many Americans to believe that the economic impact of immigration is the only way to evaluate it and the policies that created it. Even by that standard, we'd have to grade it with an "F". The larger truth is that by importing not only low skills but also the culture that produced the low skills, the immigrants may endanger the whole cultural foundation of an advanced economy --- an economy whose high technology, work ethic and managerial and organizational skills distinguish it from the burros and grindstones that drag the economies of Latin America, the Middle East, Africa and most of Asia. What we are now beginning to learn the hard way is that the immigrants may not only have imported themselves --- they may also have imported the culture that impoverished them and their countries in the first place."

It is a gross over-simplification for President Bush or Immigration Daily to frame the current foreign invasion merely in terms of a willing worker and employer or a supply and demand problem. What about a willing American worker, who before massive government spending including welfare that forced employers to seek cheap labor, was perfectly willing to perform any job at a livable wage. What about the taxpayers who must bear the burden of the many social costs of excessive numbers of legals and illegals. What about the rights of existing citizens to determine the nature of their own society including the limitation of foreigners. These and other concerns are left out of your view. Should Washington ever limit itself to expenditures as authorized by our Constitution, the resulting economic blast to our economy would preclude the present pressure on business to continually engage in the short sighted policies of sending businesses abroad or the replacing and/or filling of jobs with foreigners. This is not what built America.

No reform can work that only addresses the "needs of employers" and ignoring other even more important parameters. Proper reform would include absolutely securing our land, air and sea borders and reducing and tracking of all visitors. Temporary visitors, workers, illegals or students must at some point leave and any application for permanent residency or citizenship must originate from another country besides ours. "Birth" citizens by illegals must be eliminated as well as "chain" migration by families that allows foreigners to usurp our sovereign right to determine the numbers that we can properly assimilate consistent with the security of our nation. It is foolish to put the wants and needs of aliens above that of our own citizens to say nothing of being un-constitutional!

R. L. Ranger

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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