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Letters of the Week: Sep 19 - Sep 23

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  1. Joseph Whalen's Avatar
    Link worth sharing:

    "Out of Many, One": Citizenship and the Constitution

    http://govbooktalk.gpo.gov/2011/09/16/%E2%80%9Cout-of-many-one%E2%80%9D-citizenship-and-the-constitution/
  2. John Wright's Avatar
    Quit your constant whining. Every time the ICE has a success story the ILW try's to find a way to put the success down. ILW expects the ICE to only find the perfect match. As you know the U.S. is full of this criminals, identity frauds, and deadbeats who are routinely getting into trouble with the police through their own criminal misbehavior. No matter what the crime, felony or misdemeanor, ILW hates to see illegals get arrested and removed from the U.S. You all make money and increase your income from representing them. So, let's stop kidding yourselves. The more ICE deports the better.
  3. Madeline Swaboski's Avatar


    In response: We have turned into populations of paranoid people. We are always and only

    protecting ourselves - looking at everyone with distrust. What a pity our country has turned into this.

    My heart goes out to the innocents, mistaken time and again for illegals, because of countenance.

    Our enemies laugh up their sleeves and simply wait. We need a lot of prayer!
  4. sivanadipatham thaimanasamy's Avatar
    Everyone is talking about this , and every country has this problem . We must look at how some countries can over come that , We have a heavy head thinking that we know the best and are not willing to learn from the other part of the world .
    Some time back Malaysia had this problem and they tried to solve it and they had some ward succeeded. They forgive all the undocumented and brought them into the system and asked them to pay a fine . By this way the government got a huge amount of revenue and the put a yearly levy for all of them and tied them to the employer . By this way they have yearly revenue from them and also have a track on them .

  5. Alan Lee, Esq.'s Avatar
    In this unpublished decision, A78 144 014 (BIA 9/8/11), attached, the Board sua sponte vacated in part its prior order and withdrew from its 2005 affirmation of the I J's finding of frivolous asylum to a dependent child stating that the frivolousness finding applicable to her mother should not be applicable to her - that the respondent was the minor derivative of her mother's application, and did not receive the necessary advisals. The government while not agreeing to join in the untimely motion did not oppose it at the Board. Counsel presented questions of whether the minor child under the control of her parent could have separately appealed the I J's ruling of a frivolous asylum claim; whether the child actually made an application as she was only a dependent listed on the I-589 form; whether the warning to the mother of the consequences was sufficient to cover the dependent child; whether such advisals to a minor derivative could be effective as a child would likely not have the capacity to understand nor act upon the advice and warnings; the effect of the child's never being asked or given the chance to respond and account for any discrepancies or implausible aspects of the claim; and whether the imputation of the parent's fraud to the child is permissible where the permanent bar of a frivolous asylum application is involved.



    The decision may be of interest to the readership.
  6. Jim Roberts's Avatar
    Dear Editor:

    A well-deserved Thank You to Joseph Whalen for his reminder of September

    17th as U. S. Constitution day and the info on The Citizen's Almanac
    which is rich in American history and founding documents. But, today
    these things hang by "a thread" and are under serious attack from many
    sources even our own President. See: "What has happened to the
    Constitution?" http://www.wnd.com/index.php?fa=PAGE.view&pageId=345585
    (and) "Bold New World and Forces Too Powerful"
    http://www.newswithviews.com/Cuddy/dennis216.htm by Dennis Cuiddy, Ph.D

    Our national sovereignty and borders are deliberately being compromised
    by Global, Ethnic, Religious and Corporate interests. See:
    (You Tube Video) -- "Border Patrols Are Attacked"
    http://www.youtube.com/watch?v=uUlhYkJVu0Q&NR=1

    Many individuals place the interests of non-US citizens above America's.

    Roger Algase believes that it is an out-rage to require ID in order to
    vote in order to preserve the sanctity of our elections. He believes
    that that an esoteric "human rights" banner concocted by the communist
    United Nations that would trump our sovereignty and borders is the
    correct wave of the future. Richard/Robert Yang believes that we should

    cater to the workers of the world and allow them to take our jobs
    because the Indians were mistreated. For an article that gives us a
    more enlightened view on American citizenship, by a full--blooded
    Commanche Indian, Read:
    http://www.vdare.com/articles/an-indian-patriot-sues-the-people-who-shut-down-american-renaissance-s-2010-conference

    Those who continue to dilute, divide and destroy Traditional America
    will and are finding that there are still many Americans not willing to
    trade in the old model for the new and will defend with great vigor Our
    Land and Values. See: "Prepare to Defend America"
    http://canadafreepress.com/index.php/article/40426
  7. Gladys Farris's Avatar
    Dear Editor

    To my understanding the deportation in masses is creating a caos in many avenues. The most damaging one is the economy of each town, city or metropolitan area. Jobs are dwindling due to people leaving or being deported. Taxes are decreasing because of the deportation. Some families are separated and this decline the morale of the nation. Etc.
  8. Richard Y's Avatar
    Re : Mr. Robert's letter (9/20/2011)

    I never believe and support "special rights" of ones above others. I strongly believe in equal rights and the universality of human rights so that's why I condemn any apartheid laws anywhere here in the US or anywhere else in the universe. I don't believe in affirmative action either that minorities should be given a "pass" on college acceptance based on lower passing grade than the majority for "political correctness".
    A test is a test and the passing score should be uniform and applied on anyone equally. Ones who want to go to good colleges should study harder than others and showing some merits to justify themselves to be the best available candidates out of many. If an Ivy college has 80% Asian American students, because the are the smartest and best available students who pass the acceptance test, so be it and if a fire fighter department of a town have only 1 minority among 99 Caucasian American members because those are who have proven themselves as the best candidates that must pass same test, then so be it.
    So Mr. Robert's letter stating that I believe non citizens are above US citizens was a shameful distortion on my position and point of view. As human beings I don't see why foreigners should be subjected to unfair and inhumane apartheid laws over the objection of nativists who think they are entitled to something like jobs just because they're lucky enough to be born as citizens of particular countries.

    As an American myself, I don't believe in any entitlements on domestic and global labor market and special exemption for me to be "immune" from global competition just because I hold my blue passport. And it's irresponsible for any politicians to stir up xenophobia and false promises to any Americans that ones are born as Americans should be guaranteed with easy jobs that are no less than $ 25 per hour plus benefits. This is delusional and dangerous. This will make us Americans take things for granted just because we're so "lucky" to be Americans and it's foolish beyond belief. We will never have any incentive and motivation to work and study harder than Chinese, Russians, Brazilians and Indians. We will never have anything to worry that if we don't show our own merits than we will lose to the competitors out there. Any politicians that suggest we can close the border and stop importing stuffs, should explain honestly to all Americans, that protectionism will add up costs on everything they shop today at the market.
    We are tired and had enough lies from them. No immigrants, no imports, now how much extra dollars are Mr. Robert's and friends willing to pay then ? I haven't got my answer yet from these folks. Easy to talk but let see if that becomes a reality.

    Any citizens of European ancestries in the past now currently living in the Americas, Australia and New Zealand have no moral and legal rights whatsoever to limit immigration of others to their territories.
    No nativists here including Mr. Roberts himself can answer this honest question of why they justify what their European ancestors in the past immigrating anywhere in this planet for better life, opportunities, prosperity and seeking refugee but now they the moral authority and legal rights to slam the golden door for others pursuing the same. Of why these Europeans invaders may ruin the Aborigines, American Indians, Maori's culture and lands but now got upset of the influx of new "amigos" that threatening their White Anglo Saxon heritage ? Hypocrisy can't be masked with new lipstick.
    Mr. Thaimanasamy also wrote about "amnesty" in Malaysia. Centuries ago, there were no "Malaysia" nor "Indonesia" nor "Singapore". Mr. T. ancestors might go to "ancient Malaysia" to trade and settle down if they wanted to without so much fuss and hassles like today. The royals of Malaysia and Indonesia in the past were inter married crossing the strait of Malacca was easy and free as crossing the Pacific ocean between Hawaii and the mainland US. Then colonial powers came in and divided their territories and as the time progress much more hassles and restrictions were placed in the name of "nativism" and "protectionism". But 4 more years from now in 2015, 10 South East Asian countries (ASEAN) members will implement easier trades and freer freedom of movement of skilled workers between
    member states and it's going to be complete freedom of movement of workers in few more years. In 2015 a nurse from Philiphine can work legally in Indonesia. An Indonesian engineer can work legally in Vietnam, a Vietnamese pharmacist can work legally in Singapore etc. Will anybody complaint about "non locals" coming to their countries to compete with them in labor market? Oh, absolutely ! It's always the nature of human beings. There's more competition but also more opportunities for anyone. Only losers hate open border and the reality that they must compete with others by merits not only depending on their corrupt politicians trying to be their nannies forever.


  9. Richard Y's Avatar
    I can quote rants and raves of the native people of the Americas, Australia and New Zealand here. I can quote also the rants and anger of those living in the third world condemning their past greedy and racist colonial masters if I want to to counter the quotes of Mr. Robert's taken from those many white supremacy hate groups websites.

    Quotes vs. counter quotes won't resolve our issues. It require only our conscience and humanity back to answer what are the reasons and moral justification of discrimination of others to pursue their rights for liberty, prosperity, better opportunity and safe haven on this planet ?

    If ones still insist on double standard that they may pursue those ideals while denying others to do so. I will have nothing further to say but shame on them.

    That's all !
  10. John Wheat Gibson's Avatar
    Unless Ralph Nader or Ramsey Clark is on the ballot, we all, not just Hispanic, will have nobody to vote for in the coming presidential election. We would do better to go fishing or write in Henry Wallace than to vote for either candidate of the Republicrat Party.

  11. Bounama Dieng's Avatar
    Who ever they got will be worst because he will be under the diktat of the Tea Party.
  12. John E. Shorkey's Avatar
    I don't understand the defensive attitude some people apparently have regarding the deportation numbers, and the imagined "promises" of Obama. I'm going to stick with "deportation" in my terminology, because that term conveys the concept better than "removal." Personally, I doubt that many US Citizen Hispanics voted for Obama on the assumption that he was going to do anything at all about illegal immigration, or even immigration reform. Hispanics voted for Obama because they often fall victim to the stereotypical politics fed to us by the media, that Republicans are scrooges who hate everyone but their rich friends, and that Democrats are concerned with the welfare of the people, especially those who need to be protected from the Republicans, and are just nicer. Both notions are misguided. Whatever "climate of fear and persecution" exists arises from the attitudes of certain of the states (notably states which have racist histories), which are responding to economic depression by passing misguided legislation designed to encourage illegal aliens to leave their job markets.

    The increased deportation numbers reflect Congressional policy and the law itself. That the numbers have increased tells me that the money Homeland Security has poured into border enforcement, at the behest of just about everyone, Republicans and Democrats, is having an effect. Computer systems have improved to the point that criminal aliens can be almost instantly identified by their biometrics (fingerprints), resulting in their being placed into the deportation (removal) proceedings cycle. Better computer resources have also resulted in a higher number of "expedited" removals, as illegal aliens who have been previously deported are identified and their prior deportations simply reinstated, or the expedited removal process invoked, allowing the department to deport people who would have otherwise tried to get into Immigration Court on the hope that they may get lucky, a waste of resources all around. The deportation system is simply better equipped now than it has been in the past, and a lot of system improvements are actually having an effect.

    This is not to say that things are going well for illegal immigrants, or for anyone else on the fringes of the immigration system. As far as I can tell, the Obama emphasis on "prosecutorial discretion" is being ignored, as it has been for years, making "prosecutorial discretion" more of a myth and public relations issue than anything else. Most of the questions I have heard about Obama's recent announcement indicate that the immigrant community thinks he initiated some kind of new amnesty. As an Immigration defense lawyer, I think that Obama's announcement was a challenge to Congress to get moving on the DREAM ACT, and other immigration reform, or Obama will find executive powers to relieve the pressure on "at-risk" non-criminal illegal aliens. This would recognize, as well, that illegal border crossing is at a minimum now, due to increased and better border coverage, and the deportation process being a lot more efficient and cost-effective. The upshot is that our illegal immigrant population, particularly Mexicans, have been here long enough to qualify for relief from deportation (removal), and a large majority have US Citizen children who can petition them in a very few years from now, and who will suffer extreme hardships if their parents are deported. These are the people we want to keep, so the present trend toward getting them out of the deportation process, and getting them authorization to work, is realistic and humanitarian, and recognizes, too, that these folks actually deserve some consideration, and that our government should not be seeking to break up their well-established families, to the detriment of their US citizen members.

    In short, this article is another media attempt to create an issue, that "prosecutorial discretion" is an Obama invention that is a purely political move to bolster his Latino vote, in the face of increased enforcement. Prosecutorial discretion as a departmental policy, has been around for a long time, with an almost identical policy to the one in the "Morton" memo having been clearly ordered in the "Howard" memo more than 10 years ago. There's nothing new here at all, unless the Office of Chief Counsel actually starts to exercise a little of that mythical prosecutorial discretion. I'm not seeing it, yet, but I'm still sending in the requests.
  13. Honza Prchal's Avatar
    In re Roger Algase's article, " The GOP is trying to rig the 2012 election. What does this mean for immigrant rights? by Roger Algase", about the GOP attempt to split Pennsylvania's electoral voting to a proportional system the US Constitution allows states to choose electors as they see fit. After all, Democrats tried to do when they briefly dominated Colorado, and they did impose such a system when they first took over in Maine and Oregon. It may be a bad idea, but it is hardly a "radical perversion of democracy" or a plot by white supremacists and knuckle-dragging nativists. In Pennsylvania, the GOP districts Mr. Algase smears as irredeemably racist are mostly "white ethnics", often Catholics and Orthodox - hardly the Scotts-Irish lunatic fringe or snotty Anglo elite of "anti-racist" imagination and popular media.

    Again, the proposed GOP electoral College reform it is not a "radical perversion of democracy" unless one assumes anything that benefits the GOP is axiomatically a radical perversion of democracy. Based on this and his past writings, I do think Mr. Algase is assuming that only his side should ever win and that when it loses the courts should intervene. We are a republic of laws, not men, and the idea is perfectly Constitutional. Not every bad idea that would change how voting works is a threat to the Republic.

    I suppose the best rebuttal to Mr. Algase's fevered charge is the item that leads into the ILW.com issue he makes it in, to wit:

    "1. Comment: Deporter In Chief -
    MSNBC
    http://today.msnbc.msn.com/id/44599016/ns/today-today_news/t/obama-set-outpace-bush-deportations/
    reports "President Barack Obama says he backs immigration reform, announcing last month an initiative to ease deportation policies, but he has sent home more than 1 million illegal immigrants in 2 1/2 years - on pace to deport more in one term than George W.Bush did in two. The Obama administration had deported about 1.06 million as of Sept. 12, against 1.57 million in Bush's two full presidential terms." If he keeps deporting at this rate and gets a second term he will end up setting a record by deporting over 3.2 million mostly Hispanic immigrants. In 2008, an overwhelming majority (67%) of Hispanics voted for President Obama in the expectation that he will create a climate of hope and opportunity for them - but all they have got in return is a climate of fear and persecution. Who will they vote for in 2012?"

    Governor Mitt Romney, judging his platform against Obama's performance, can rationally be described as far more "pro-immigrant" than the incumbent.
  14. Pedro Nunez's Avatar
    I am Hispanic and I supported President Obama with my vote and with money during the last election. In the next election, I will not be supporting Pres. Obama with neither my vote nor donations. My family will follow course and we are many votes. It is something President Obama should have thought about a long time ago. He promised comprehensive immigration reform and all we got was deportations. He promised family unity and all we got was separation of family members deported while some had to remain in the US. I have been a Democrat all my life and for the first time ever, I am seriously considering voting republican. Give me any Republican candidate, Michelle, Mitt, Perry, Paul, or any one of the other morons. Even Cain will do. Better the devil we know. Yes We Can Mr. President and unfortunately I believe you are about to learn an expensive lesson!!!!!!!!!!!.
  15. K R Tracer's Avatar
    He is doing the right thing sending them home as they are preying on the taxpayers of Arizona,New Mexico, and California. They cost us BILLIONS of dollars a year! If you don't understand the concept of ILLEGAL or of BREAKING THE LAWS OF OUR NATION then maybe you better go with them. As the president of Australia puts it you came here of your own free will so abide by the laws of this good nation or exercise your right to leave!
  16. Theresa Pepe's Avatar
    President Obama tells people what they want to hear. I do not feel he had any intention to help with immigration.
    Waiting, waiting and more waiting or our President to help with the problems of work, pay and a place to live. If people were working her they earned their stay as well as their families. It is a misdemeanor to enter the country illegally. There are plenty of US citizens creating far worse crimes.
  17. Jim Roberts's Avatar

    While I can agree with Richard/Robert Yang on the foolishishness of our
    national debt, wars, imbalance of trade and some other things, his
    advocacy of worldwide job egalitarianism and open borders are Globalist
    concepts by the same special interest elitists who pursue the former
    problems, all for the purpose of weakening US and promoting world
    governance. See: "Rockefeller, Morgan, and War"
    http://lewrockwell.com/rothbard/rothbard269.html (and) "The Fat Lady's

    Singing"
    http://www.newswithviews.com/Murray/randy125.htm (and) "Yet Another
    Attack on America"
    http://www.newswithviews.com/Marcus/lloyd207.htm

    Mr. Yang denies placing the interest of others ahead of US citizens and
    then immediately proceeds to advocate that by dismissing and calling
    names those who do advocate America first policies. See: "Whose
    Country Is It, Anyway?"
    http://buchanan.org/blog/whose-country-is-it-anyway-4879 (and)
    "America Cannot Afford The High Cost of Cheap Labor"
    http://www.caps-blog.org/articles/2011/09/21/america-cannot-afford-the-high-cost-of-cheap-labor/

    The latter was written by Michael Cutler, Senior Special Agent, INS
    (Ret.) who further points out: "I want you to now consider that the
    Immigration and Nationality Act (INA) is that all-inclusive body of laws

    that regulates the entry of aliens into the United States and also their

    presence in the United States. ?It deals with immigration benefits and

    the grounds under which an alien might be removed (deported) from the
    United States.
    Under the INA, the law....'excludes aliens seeking to immigrate for the
    purpose of performing skilled or unskilled labor, except that such
    aliens may be eligible for a visa if:
    the Secretary of Labor has determined that (A) there are not sufficient
    United States workers who are able, willing, qualified and available at
    the time of application for a visa and admission into the United States
    and at the place where the alien is to perform the work, and (B) the
    employment of the alien will not adversely affect the wages and working
    conditions of the United States workers similarly employed."

    This is the protection that Americans deserve and the Globalist
    profiteers and other special interests wish to ignore or destroy.
    Some immigration attorneys even give seminars on how to avoid this law!
    Mr. Cutler continues, "that while corporations, banks and assorted other

    special interest groups are literally profiting from the massive influx
    of foreign workers, both legal and illegal, it is the average American
    who is picking up the tab and there is more than money at stake!"

    Mr. Yang may be a citizen, but so far, he has only demonstrated he is
    just another example as to why entry should be limited. It would be
    refreshing if he could direct his enthusiasm and efforts to supporting
    those "nativists" he presently condems, in supporting America --- not
    foreigners. The positives that America has produced is in large part
    because of such nativists many of them after they have assimilated.
  18. Ali Alexander's Avatar
    The author in http://www.ilw.com/articles/2011,0920-paparelli.shtm wrote: "In the absence of clear answers by State or USCIS to these apparently discriminatory and unlawful practices adversely affecting Indian applicants and their petitioning U.S. employers, the task of revealing the truth and redressing wrongs must turn to another government agency or the media. Within the federal government, the Department of Homeland Security's Office of Civil Rights and Civil Liberties (OCRCL) is endowed with explicit legal authority to investigate.e absence of clear answers by State or USCIS to these apparently discriminatory and unlawful practices adversely affecting Indian applicants and their petitioning U.S. employers, the task of revealing the truth and redressing wrongs must turn to another government agency or the media. Within the federal government, the Department of Homeland Security's Office of Civil Rights and Civil Liberties (OCRCL) is endowed with explicit legal authority to investigate."
    ------------
    It would seem to me that would-be visa applicants should be very, very cautious about trying to claim "civil rights" violations. Civil rights, by defnition, belong to citizens of a country. Given the "discrimination" shown by companies against AMERICANS in hiring from a relatively few countries for L-1 and H1-B visas, and even in advertising specifically for H1-Bs rather than citizen applicants, Americans might decide that it was time to file some civil rights suits of their own.
  19. Vitas J. Lukas's Avatar
    I think the President is doing this to show how tough the administration is being in enforcing current laws because he would otherwise have absolutely no chance to get any immigration reform bills passed in Congress, even something as benign and humanitarian as in a contemplated "dream act". I heard something (cannot remember exactly where) in the press that, recently, more emphasis is being place on removal of criminals rather than of ordinary people with status problems, but I have not seen any evidence of that in my practice. In fact, I just was retained to defend a removal action based on a claimed lie by my client in applying for a B2 visa, not about any facts, but about her intention to return! That seems quite a stretch to me, and I would appreciate any defense suggestions from readers because, otherwise, she may only be eligible to try an I-601 Application for Waiver with a rather limited chance of success.
  20. Benignopena's Avatar
    Obama or a crazy republican? The answer is clear which of the two evils will cause less harm? Republican are against any form of legalization.
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