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Greg Siskind on Immigration Law and Policy

DHS TO BEGIN COLLECTING FINGERPRINTS AND PHOTOS OF GREEN CARD HOLDERS

Rating: 4 votes, 5.00 average.

The next Congress has the ability to stop nonsense like this. We're not living in an Orwellian state yet, but we're getting closer when the government starts tracking the movement of everyone. Green card holders are just shy of citizens in terms of their status in this country and you can bet that citizens are next on the list if the folks who came up with this rule have their way.

My friend Chuck Kuck, president of the American Immigration Lawyers Association, had this to say:

A bedrock principle of our society is freedom from government
intrusion without reason. The sole reason permanent residents will be
singled out for data collection is the fact that they are not yet
United States citizens. Without any reason to suspect wrongdoing, the
U.S. Government will now collect biometric data from lawful permanent
residents each time they enter the United States; privacy is now
extinct. The expansion of this unproven program is premature. The
proposed implementation strategy requires a far more detailed
assessment of the costs of implementation and ongoing administration.
The impact on the free flow of international travel and trade
especially in this current time of economic upheaval has not even been
assessed. This new rule will only harm the U.S. economy even more, and
lead to lost productivity, competition, and jobs.


Be afraid.

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Comments

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  1. USC's Avatar
    They tried to do this a couple of years ago through a proposed rule. Some of us were successful in getting the govie to back down from implementing this reg as a final rule. It is completely inappropriate for the losers of the November 4 election to pull a stunt like this. Truly disgraceful!!
  2. USC's Avatar
    Greg has blogged on the kosher meat packing incident. Now, the losers of the election are making perhaps, the most shameful argument imaginable, that persons of the Jewish faith are automatically disqualified from obtaining bail:

    http://online.wsj.com/article/SB122965454701120777.html

    "WASHINGTON -- The Justice Department is contending that a Jewish defendant in Iowa should be denied bail in part because he, like all Jews, is entitled to Israeli citizenship if he seeks to immigrate to the Jewish state.

    The argument against the defendant, Sholom Rubashkin, could in theory apply to all Jewish criminal suspects. Mr. Rubashkin faces multiple charges related to the alleged hiring of illegal immigrants at a kosher meatpacking plant he formerly headed in Postville, Iowa."

    On January 20, these miserable thugs will be out of a job!
  3. hmm's Avatar
    I never understood why checking fingerprints at the border is a bigger deal than checking photographs. Both are biometrics, and fingerprints are just a bit more (but not totally) reliable, not as reliable as DNA. Why nobody objects to checking passport photo at the border?

    I think ideally fingerprints should be encoded in your passport and driver's license, but NOT stored by FBI/police, not without a good reason. This way the policemen/border control officer has another way to check that this is really you, not someone who looks like you.

    Of course, the trouble is that the Government wants to store the information. As far as I am concerned this is not a big deal either: criminal's would be easier to catch. I only fear that the Government use the fingerprints to clone my evil twin.
  4. George Chell's Avatar
    Slouching towards Marxism.
  5. hmm's Avatar
    No, really why collecting fingerprints is more intrusive than collecting info on person' body weight? I have met quite a few people embarrassed of their weight, but none of their fingerprints. Still every time I go get a driver's license, I have to make up my body weight, as I simply do not remember it. I have to say I am more embarrassed to take off my shoes at the airport, than when my fingerprints are taken. What privacy? I can see two real reason: people are afraid that
    (1) if they commit a crime they could be more easily found.
    2) their movements will be tracked by Big Brother.

    (1) is more realistic concern, but somehow I am not sympathetic. (2) is a fiction. Nobody cares about you, and if FBI wants secretly take your fingerprints, they will get them at any local bar, or your place of work, or tons of other places.
  6. JoeF's Avatar
    USC: Wow. How shameful is that? It REALLY is time that these idiots leave office.
  7. Good Guy's Avatar
    The assumption is Green Card holders fall into the "likely" category of terrorists. If that was true then its a very dangerous "assumption" since Johnny "TALIBAN" is a classic example of a US citizen who left the United States to join the TALIBAN.

    GG
  8. USC's Avatar
    The case for CIR:

    http://nymag.com/news/features/52589/

    Are they cattle or human beings:

    "a dragnet was thrown over Roosevelt Avenue in polyglot Jackson Heights. Witnesses saw ICE agents scoop up dozens of fenced-in bystanders who looked Latino."

    As I said earlier, the thugs have outlived their welcome!
  9. USC's Avatar
    As I said earlier:

    They tried to do this a couple of years ago through a proposed rule.

    From the final rule:

    http://edocket.access.gpo.gov/2008/pdf/E8-30095.pdf

    "On July 27, 2006, DHS published a notice of proposed rulemaking (NPRM or proposed rule) proposing to expand
    the population of aliens subject to US-VISIT requirements."

    So, the question is why would they wait 2 1/2 years to implement the final rule? Obama needs to review and repeal this right away!

  10. Greg Siskind's Avatar
    CIR Guy - I presume you were trying to be facetious in your comment, but the use of the really offensive language has no place on my blog. That's why I deleted your comment.

    Greg
  11. Greg Siskind's Avatar
    USC - I was really floored by the Wall Street Journal article. It's absolutely outrageous and is a reminder to everyone that we all need to be vigilant in protecting our civil rights - immigrants, Jews, blacks, gays, you name it.
  12. USC's Avatar
    "we all need to be vigilant in protecting our civil rights"

    Thanks and yes we do. I am offended by their argument in opposing bail.

    As regards the blog topic, one of the 71 comments referred to in the final rule was mine. It is ironic that in 2 1/2 years DHS is unable to address the concerns I raised and chooses to ignore my comments. They are going to implement this garbage on January 18. Two days before Obama is sworn in!!! Whoever said that bullies are cowards certainly got it right.
  13. Greg Siskind's Avatar
    The Congress does have the ability to negate a regulation with a majority vote and one hopes that the Speaker of the House and the Senate Majority Leader are drawing up a list of the most outrageous items in the regulations dumping.
  14. USC's Avatar
    "The Congress does have the ability to negate a regulation with a majority vote and one hopes that the Speaker of the House and the Senate Majority Leader are drawing up a list of the most outrageous items in the regulations dumping."

    To those interested here is how the process works:

    http://www.msnbc.msn.com/id/27721048/

  15. LPR's Avatar
    "The Congress does have the ability to negate a regulation with a majority vote and one hopes that the Speaker of the House and the Senate Majority Leader are drawing up a list of the most outrageous items in the regulations dumping."

    Siskind: What's on _your_ list of the most outrageous items??
  16. Greg Siskind's Avatar
    I was pretty stunned that USCIS decided to bar nationals of most countries from getting H-2A and H-2B visas despite nothing in the statute indicating Congress ever intended to put such limits in place.

    The reg described in this post has to go.

    I've got serious problems with aspects of the no-match and e-verify regs.

    And there are other regs that have nothing to do with immigration that also are pretty worrisome.
  17. LPR's Avatar
    But don't the H-2A and H-2B eligible countries lists account for some 95-97% of the source countries for H-2 workers, and don't the rules allow individual workers from countries not on the list to participate where the employer shows those workers weren't available from listed countries? Mexico alone, which is on both lists, accounts for well over 90%. Why are the specific authorities DHS cites in the reg(s) for imposing limitations on participating countries inappropriate?
  18. Greg Siskind's Avatar
    Here's the list - Argentina; Australia; Belize; Brazil; Bulgaria; Canada; Chile; Costa Rica; Dominican Republic; El Salvador; Guatemala; Honduras; Indonesia; Israel; Jamaica; Japan; Mexico; Moldova; New Zealand; Peru; Philippines; Poland; Romania; South Africa; South Korea; Turkey; Ukraine; United Kingdom.

    I can tell you that I personally have handled many applications from other countries.

    The point, however, is so what? USCIS is supposed to implement the program Congress intended. They're not the legislators. Even if you think this new policy is a good idea, it still needs to at least be consistent with Congress' intent in the implementing legislation. There is not a stitch of evidence out there that Congress intended this. I have at least one client that will probably sue on this and I suspect they'll have a very good case.
  19. Sid's Avatar
    I have to agree with hmm. A fingerprint scan is definitely less intrusive than having to take off your shoes and jacket. The objection to this rule seems to stem from the fact that permanent residents feel that they are superior to temporary immigrants and should be treated accordingly.
  20. USC's Avatar
    "I have to agree with hmm. A fingerprint scan is definitely less intrusive than having to take off your shoes and jacket."

    A fingerprint scan can never replace a physical search of your person. This stems from the fact that Al Qaida can easily recruit individuals who have no criminal history to act as terrorists. Do you think that the 911 or the Bombay 10 would have been apprehended by a fingerprint scan? So, even with the advent of fingerprint scans hmm will be required to take his shoes off and submit to a physical search. In any event to quote Greg's friend:

    "A bedrock principle of our society is freedom from government intrusion without reason."

    This principle has been a prominent feature of the English speaking democracies (the UK, the US, Australia, New Zealand, India, Canada) and their citizens have never been subject to mandatory ID cards or fingerprint scans. N.B. I have intentionally left out apartheid South Africa, Singapore and Pakistan since they have never been true democracies.

    "The objection to this rule seems to stem from the fact that permanent residents feel that they are superior to temporary immigrants and should be treated accordingly."

    Given that the USVISIT program, many years & billions of dollars later, has not been successful in apprehending any terrorists and has only managed to rope in a handful of minor violators (at a cost of millions of dollar per arrestee), the best way to reform it would be to scrap it for everyone. Incidentally, IIRC, two other comments that DHS received were from a CBP inspector and the AILA. I don't see either addressed or even acknowledged in the final rule.

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