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Immigration Daily

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Immigration Daily December 26, 2002
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Editor's Comments

ILW.COM received a Christmas card featuring a cartoon of Santa Claus from the law offices of Montiel Davis & Woodward Kimber, P.A. which might interest our readers (the card's illustration is credited to Eduardo Molina). Santa Claus appears stranded at "Anytown Airport, USA" with a look of distress on his face, his hands up in the air, and surrounded by various border officials with guns drawn, peppering Santa with the following questions: "And you are ... Santa, Santa Claus, St. Nick, Saint Nicholas, Father Christmas ... Which is it?" "And where's your change of address form? I heard you moved to the South Pole?" "Where's your proof of Special Registration? And your IBIS, NAILS, CLASS and NCIC checks! Under all names ever used." "You failed to provide us a list of all countries you've visited since you were six years old ..." Proving that fact is stranger than fiction, reports that a "surfing santa" was indeed arrested by the Border Patrol on the Canadian Border (see link below).

Despite the implied reasons for worry in the anecdotes above, we feel there is reason for cheer, too. Movement of goods and people across our borders are intertwined. So long as America remains connected to the global economy, immigration will be a part of the American experience. If our border policy-gurus do not get this message, they will undoubtedly learn it through real-world experience.


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Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

Featured Article

Expressing Outrage At Registration
Cyrus D. Mehta writes about the Special Registration Procedures and what lessons public officials in charge of administering these new regulations can draw from American history.

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Immigration Law News

DOL Accepts Settlement Terms As Reasonable
In the Matter of Wage and Hour Division v. Infoscape, Inc., No. 2002-LCA-7 (OALJ, Dec. 23, 2002), the Office of Administrative Law Judges accepted the provisions of the settlement agreement reached by the parties prior to the scheduled hearing date and determined that the terms were reasonable and fair. According to the OALJ order, the DOL was represented in this LCA matter by counsel.

Office Of Inspector General Releases Nonimmigrant Visa Issuance Report
The Office of the Inspector General (OIG) of the US Department of State released its (50 pps.) findings entitled, "Review of Nonimmigrant Visa Issuance Policy and Procedures", based on its study of the procedures and processes involved in the issuance of nonimmigrant visas (NIVs) at U.S. missions worldwide.

GAO Report On Homeland Security
The General Accounting Office was asked to review governmentwide changes and challenges prevalent in the missions and activities of agencies involved in homeland security and concludes that overall, the federal government's response on homeland security issues is still evolving (85 pps.).

Tech Workers Shackled During Special Registration
The San Francisco Chronicle reports "A National Semiconductor engineer and a database manager from the Silicon Valley are among 13 Bay Area men of Middle Eastern descent behind bars after they voluntarily gave their fingerprints and photos as part of a new federal homeland security program."

Orwellian Bureaucracy Gives Appearance Of Safety, Without Substance
Writing in, a Canadian born in Iran writes about his personal experience with Special Registration and says "The big new US bureaucracy in this shrinking world, could become Orwellian while producing a safer nation. More likely, it will do little to make the country safer, but will make it seem as though something is being done."

Border Patrol Arrests Santa reports on the arrest of a "surfing Santa" by the Border Patrol.

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Letters to the Editor

Dear Editor:
How do I get to the back issues of Immigration Daily?

Barbara Reede

Editor's Note: ILW.COM is pleased to announce the arrival of an improved search engine. The search engine can be easily accessed and appears both, on the left navigation bar and on the footer of each and every ILW.COM webpage. Notable improvements for the advanced search include the ability to search within a particular sub-section of the site such as articles, cases, Immigration Daily, Immigration Weekly, or site-wide. Previous issues can also be accessed by browsing our archives by date.

Dear Editor:
I just read Ben Harris' featured article about his firm's case management software. What a nice piece of advertising for his Ohio law firm! Too bad the article doesn't provide details that could be helpful to other practitioners, such as a discussion of the features of his case management software or a description of the design decisions the firm made, other than the rather obvious point that using case management software can help land a client.

Name Not Supplied

Dear Editor:
Your editorial of the December 11 Immigration Daily issue on the unfortunate story of the illegal alien mother has good intention but goes overboard. Your quoting of the minister is complete hyperbole. You can't compare the US to Nazi Germany. And no, I don't buy the slippery- slope argument that the US is going that way. While there are unfortunate cases of harsh INS treatment of detainees like this one, the truth is we can fix the system. We can speak out. We have media looking everywhere for this kind of stuff. Nazi Germany didn't. There, one got shot for speaking up. There was no free media to write a story about it. If you're detained, you had no rights to face your accuser, have a lawyer, or have any due process rights. You're convicted in kangaroo courts. The list of Nazi travesty is too long and well-documented.

Whereas, here in the US, I represent illegal aliens from Mexico and elsewhere daily in removal proceedings. They have so many rights, it's amazing the system we have. Most immigration judges bend over backward to continue hearings in order for these people to get lawyers. Most judges carefully and exhaustively explain their rights. Proceedings are recorded and follow formal rules of evidence for the most part. An interpreter is provided automatically. The right to appeal is automatic, and here in the Ninth Circuit the chance for a reversal is fairy good. The mother in your editorial has exactly these rights when she is in proceedings. I ask you: what other country in the world is so generous to aliens who are here unlawfully in the first place?

I challenge any country in the world for more fair proceedings, including other industrialized countries that have more liberal reputation than the US toward immigrants. Yes, mistakes happen here. But mistakes are inevitable in any system as vast and complex as the immigration system. Your continual playing Cassandra is simply overreaction and, frankly, paranoia.

Liem Doan, Esq.

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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