ramus
07-07 09:33 PM
Yes, if we work on our state chapter and get some idea how many members can join in DC then we can talk about it to core members and see what they think.
IF something is planned, we can come to DC from Raleigh,NC.
IF something is planned, we can come to DC from Raleigh,NC.
wallpaper Good ideas: Flags.
prem_goel
11-17 09:50 PM
done
Ushakiran
05-08 05:59 PM
should we add the following content?
EB quota is only a small share compared to overall immigration quota. Per Country cap on family based immigration can still be remained to ensure diversity. However, we request to remove country cap on EB immigration. US employees are only looking for talents to keep competitiveness, no matter the talents is from India, China, or Luxembourg .
Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
EB quota is only a small share compared to overall immigration quota. Per Country cap on family based immigration can still be remained to ensure diversity. However, we request to remove country cap on EB immigration. US employees are only looking for talents to keep competitiveness, no matter the talents is from India, China, or Luxembourg .
Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx
2011 ABC PARTY OUTFITS torso track
knnmbd
05-07 04:18 PM
Another warning. We will not tolerate flaming wars or denigrating posts.
Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.
If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.
That's exactly what I was talking about. We are not going to have a law that will benefit all of us immediately, but could indirectly and also could take a while to see the effects of it. This does not mean that we try to stall such bills or exclaim that things are not fair as it does not benefit a certain group of people. We need to know that the law makers are at least smarter than all of us here and when they do things they do it with certain reasons and we need to respect that.
All of us also have to remember that though we might me in the top 10% of this countries intellectual communities we are still all foreigners here and we should of course lobby our cause (like IV is currently doing such a great job of) and leave the rest of the burden to the law makers. I am sure they too have people to answer to and what ever law they pass will have to justifiable.
Can't we work together civilly for this? The illegal aliens speak in one voice and are more easily heard. While immigrants who are supposed to be "highly educated" like us have to fight within ourselves over every issue.
If you find some bad post, report it to us by clicking on the exclamation mark symbol. Don't retort.
That's exactly what I was talking about. We are not going to have a law that will benefit all of us immediately, but could indirectly and also could take a while to see the effects of it. This does not mean that we try to stall such bills or exclaim that things are not fair as it does not benefit a certain group of people. We need to know that the law makers are at least smarter than all of us here and when they do things they do it with certain reasons and we need to respect that.
All of us also have to remember that though we might me in the top 10% of this countries intellectual communities we are still all foreigners here and we should of course lobby our cause (like IV is currently doing such a great job of) and leave the rest of the burden to the law makers. I am sure they too have people to answer to and what ever law they pass will have to justifiable.
more...
nag2007
03-25 04:14 PM
I think you will get in less than 2 years. It will not take 10 years. Hang on. Total GC process time from applying to labor to getting GC usually is 4 years. some unlucky people had to wait more than that. But more than 80% fall in to 4 year time line.
but some were lucky people got it quickly because they could cut lines.
Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.
but some were lucky people got it quickly because they could cut lines.
Thats not true. My PD is March 2005. When my PD comes, I have to apply for EAD whereas others will get GC. Oh such a screwed up system.
mantric
12-16 05:22 AM
here's my list. would love to hear others.
1. listen to music.
e.g. kishore songs.
http://www.youtube.com/watch?v=FjjK_37OpNM
sing !
2. read a good book.
e.g. Emerson essay on compensation.
"For everything you have missed you have gained something else."
http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
i think it's a very powerful essay for life.
3. go to the gym. workout. jog. lift weights. play a game.
table tennis really helps.
resolve to be your fittest.
adversity must make us stronger, not weaker.
4. travel internationally
take a trip to some country you've never gone to before.
observe people's olympic struggles.
it's part of the human experience.
5. learn a new skill
something you've always wanted to do but did'nt get around to.
public speaking, dancing, singing...your choice.
take a class at a community college or a university.
6. go to temple or church or mosque.
make a deeper spiritual connection with God.
let him lift some of your burden.
i listened to Hari Om Sharan after many years and experienced a real sense of joy.
7. spend time learning about US government.
get to know more about how government works. why does house vote differently than the senate ?
get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
our friends on the other side of the fence have done us a favor by organizing this information
http://grades.betterimmigration.com/index.php3
just reverse the grades. consider approaching reps/senators with your situation.
8. learn from IV efforts of previous years
many skills were introduced which could have helped us. what can we learn from what failed ?
e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
Gandhigiri did work this year. it was a major success story we should celebrate and learn from.
9. accept and enjoy the present.
accept the present moment. breathe.
enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
experiencing these gifts of life is enough to keep one happy.
10. write it out.
record the feelings you are going through in writing.
capture the details.
what was your journey, your expectations, your highs and lows ?
you may see your struggles in a different light 10 years from now.
1. listen to music.
e.g. kishore songs.
http://www.youtube.com/watch?v=FjjK_37OpNM
sing !
2. read a good book.
e.g. Emerson essay on compensation.
"For everything you have missed you have gained something else."
http://www.rwe.org/works/Essays-1st_Series_03_Compensation.htm
i think it's a very powerful essay for life.
3. go to the gym. workout. jog. lift weights. play a game.
table tennis really helps.
resolve to be your fittest.
adversity must make us stronger, not weaker.
4. travel internationally
take a trip to some country you've never gone to before.
observe people's olympic struggles.
it's part of the human experience.
5. learn a new skill
something you've always wanted to do but did'nt get around to.
public speaking, dancing, singing...your choice.
take a class at a community college or a university.
6. go to temple or church or mosque.
make a deeper spiritual connection with God.
let him lift some of your burden.
i listened to Hari Om Sharan after many years and experienced a real sense of joy.
7. spend time learning about US government.
get to know more about how government works. why does house vote differently than the senate ?
get to know the 100 senators and 435 house reps. especially how they stand on legal immigration.
our friends on the other side of the fence have done us a favor by organizing this information
http://grades.betterimmigration.com/index.php3
just reverse the grades. consider approaching reps/senators with your situation.
8. learn from IV efforts of previous years
many skills were introduced which could have helped us. what can we learn from what failed ?
e.g. comprehensive immigration bill 2006. it passed in the senate but stalled in the house.
Gandhigiri did work this year. it was a major success story we should celebrate and learn from.
9. accept and enjoy the present.
accept the present moment. breathe.
enjoy nature - the sun, the moon, the heavens, fresh air and water. make new associations and friends.
experiencing these gifts of life is enough to keep one happy.
10. write it out.
record the feelings you are going through in writing.
capture the details.
what was your journey, your expectations, your highs and lows ?
you may see your struggles in a different light 10 years from now.
more...
Kodi
06-22 12:05 PM
Why would filing I-485 change the whole financials for the company?
2010 abc party costume ideas
abracadabra102
05-10 10:20 AM
Dear Mr. President:
This email is to register a strong protect against the visa bulletin released for Jun-09. In the tough time of 2009 that USA is facing, you are trying to do everything you can to protect the futures of the citizens of your country and I admire you for that. I would also like to point out that the visa bulletin pushes back dates for EB2 Indians to Jan-00 which virtually means no green card for Indians unless they are in EB1 category. I have spent almost 9 years in this country, legally. In 2005, I initiated the process for green card through EB immigration. While many others from different countries such as Europe, Asia and also China came here much after I have and contributed less than I have, they have gotten their green cards much sooner than I have and some of them have even become citizens. When I say I, a lot of my fellow citizens also face this unjust separate queue for Indians.
Please help me understand as to how someone from country A having a longer queue than country B coupled with an indefinite time wait is a fair and equitable treatment?
I understand that you feel sensitive to protect jobs of Americans in these tough economic times, however; it is beyond comprehension that while citizens of all other countries are being welcomed with no wait for green card in employment based category that there are virtually no green cards left for any Indian, even for those who have stayed here longest.
My message may or may not ever reach you but, I wanted to register a strong protest against unjust treatment meted out to me in the area of immigration.
Sincerely,
kshitijnt,
I know you mean well and trying to do something. But, please do not send this letter.
The purpose of this letter is to impress the person you are sending this to. You do not do that by protesting and complaining. Your letter need to be professional, courteous and grammatically correct and pleasant to read. Remember, the purpose is to impress and sell your point of view to President himself. Poorly drafted letter may actually have a negative impact, especially when we are claiming ourselves as skilled professionals.
Achoo makes good points in other post. This is not to insult you and I know English is not our first language and most of us struggle with it including myself. But we should make an effort to get this right.
This email is to register a strong protect against the visa bulletin released for Jun-09. In the tough time of 2009 that USA is facing, you are trying to do everything you can to protect the futures of the citizens of your country and I admire you for that. I would also like to point out that the visa bulletin pushes back dates for EB2 Indians to Jan-00 which virtually means no green card for Indians unless they are in EB1 category. I have spent almost 9 years in this country, legally. In 2005, I initiated the process for green card through EB immigration. While many others from different countries such as Europe, Asia and also China came here much after I have and contributed less than I have, they have gotten their green cards much sooner than I have and some of them have even become citizens. When I say I, a lot of my fellow citizens also face this unjust separate queue for Indians.
Please help me understand as to how someone from country A having a longer queue than country B coupled with an indefinite time wait is a fair and equitable treatment?
I understand that you feel sensitive to protect jobs of Americans in these tough economic times, however; it is beyond comprehension that while citizens of all other countries are being welcomed with no wait for green card in employment based category that there are virtually no green cards left for any Indian, even for those who have stayed here longest.
My message may or may not ever reach you but, I wanted to register a strong protest against unjust treatment meted out to me in the area of immigration.
Sincerely,
kshitijnt,
I know you mean well and trying to do something. But, please do not send this letter.
The purpose of this letter is to impress the person you are sending this to. You do not do that by protesting and complaining. Your letter need to be professional, courteous and grammatically correct and pleasant to read. Remember, the purpose is to impress and sell your point of view to President himself. Poorly drafted letter may actually have a negative impact, especially when we are claiming ourselves as skilled professionals.
Achoo makes good points in other post. This is not to insult you and I know English is not our first language and most of us struggle with it including myself. But we should make an effort to get this right.
more...
sunnysharma
06-08 03:59 PM
mine file reached there today.
reddymjm , You can see your LIN/WAC # from your cleared check.
reddymjm , You can see your LIN/WAC # from your cleared check.
hair abc party costume ideas
kasanski33
06-12 03:34 PM
Finally got confirmation from my attorney they filed everything on June 6th, I guess now just wait and watch.
Eb-3 Ind PD 07/02
Eb-3 Ind PD 07/02
more...
JazzByTheBay
12-17 06:01 PM
Personally, I think I'm beginning to see the shift in attitudes of young Indians now visiting the U.S. - of course, many will be tempted to stay in due course, and most of us here do truly appreciate what this country has to offer.
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
hot abc party costume ideas for
h4help
08-29 02:32 PM
recieved July 5th at NSC @ 11.11 am signed by Heinauer ..
no updates yet ! :confused:
no updates yet ! :confused:
more...
house Snchez guillermo abc party
nishanttambe
11-17 04:42 PM
Done. But while sending email to friends, I got below messages
"Your message can not contain URL", this was right above the message box.
"Your message can not contain URL", this was right above the message box.
tattoo It is as easy as 1, 2, 3 or ABC.
rbusgc
02-24 01:29 PM
Receipt No: 5475-4035-1880-0959
RB
RB
more...
pictures A-B-C Party Costume Ideas
dilbert_cal
06-05 11:08 AM
The question is: Is he milking you or your your company? LOL and UDD.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
UDD for use due diligence.
Not everyone is filing 485 only. Some folks are filing 140 and 485 and in that case, technically, there is one part which has Premium Processing.
dresses ABC Winter Press Tour All Star
go_gc_way
06-21 09:23 PM
Does any one know what is the time table for SKILL, PACE?
If I understood correctly, SKILL BILL will not tabled unless CIR is dead?
Assuming CIR wont be there in end of July, what would or how SKILL or PACE get a chance to be discussed?
If I understood correctly, SKILL BILL will not tabled unless CIR is dead?
Assuming CIR wont be there in end of July, what would or how SKILL or PACE get a chance to be discussed?
more...
makeup Abc party ideas
sam2006
07-20 10:08 AM
nice job guys
I think we should extend it till monday atleast
I think we should extend it till monday atleast
girlfriend Some before/early ABC party
nc14
09-11 02:26 PM
It will be the right thing to do as people will always have a reason for not contributing. I doubt we can ever swing the thick skinned folks to contribute.
I understand that one reason for having the free site is for us to have numbers. But, how do these numbers help when most of them are not good for much.
I think it is about time for IV to think and make $25/month minimum fee for accessing this site. IV needs money to lobby to sort GC mess out. At the same time we need serious people ready to volunteer and donate. That is the only way out. We do not need people discussing SRK and Vonage on this site. We might reduce website hits by doing this but at least we will have ust have serious members who actually want to volunteer and work for IV.
I understand that one reason for having the free site is for us to have numbers. But, how do these numbers help when most of them are not good for much.
I think it is about time for IV to think and make $25/month minimum fee for accessing this site. IV needs money to lobby to sort GC mess out. At the same time we need serious people ready to volunteer and donate. That is the only way out. We do not need people discussing SRK and Vonage on this site. We might reduce website hits by doing this but at least we will have ust have serious members who actually want to volunteer and work for IV.
hairstyles Americans want Tea Party ideas
delhiguy79
07-31 09:52 AM
Anybody done recently Canada Landing and H1 Stamping together, please share experiences.
Thanks in advance.
Thanks in advance.
reddymjm
05-12 09:23 AM
USCIS case predictions made easier.... :)
http://www.immigrationwatch.com/immi_predict_form.jsp
Also check out their Application Processing Statistics
http://www.immigrationwatch.com/uscis-processing-statistics.html
Recent Approvals Etc..
These websites need an upgrade to atleast consider EB2/EB3 or ROW/Notrow.
http://www.immigrationwatch.com/immi_predict_form.jsp
Also check out their Application Processing Statistics
http://www.immigrationwatch.com/uscis-processing-statistics.html
Recent Approvals Etc..
These websites need an upgrade to atleast consider EB2/EB3 or ROW/Notrow.
sunny1000
07-08 08:08 PM
The case should not have been accepted if the lady does not have constitutional rights. Lets see if they reject the case on this basis after listening to Tancredo.
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
------------------------------------------------------
explainer: Answers to your questions about the news.
Do Noncitizens Have Constitutional Rights?
Chris Suellentrop
Posted Thursday, Sept. 27, 2001, at 5:47 PM ET
Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?
Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)
But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.
In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."
Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").
On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.
Next question?
Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
-----------------------------------------------------------------
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
------------------------------------------------------
explainer: Answers to your questions about the news.
Do Noncitizens Have Constitutional Rights?
Chris Suellentrop
Posted Thursday, Sept. 27, 2001, at 5:47 PM ET
Attorney General John Ashcroft wants the power to lock up immigrants suspected of terrorism and hold them indefinitely. Wouldn't this violate the Constitution?
Not necessarily. True, the Bill of Rights applies to everyone, even illegal immigrants. So an immigrant, legal or illegal, prosecuted under the criminal code has the right to due process, a speedy and public trial, and other rights protected by the Fifth and Sixth Amendments. This fact sheet from the National Lawyers Guild outlines a host of rights afforded to immigrants and citizens alike. (There are a few rights reserved for citizens. Among them are the right to vote, the right to hold most federal jobs, and the right to run for political office.)
But immigration proceedings are matters of administrative law, not criminal law. (As a result, the consequence of violating your immigration status is not jail but deportation.) And Congress has nearly full authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security and foreign policy, the Supreme Court has long held that immigration law is largely immune from judicial review. Congress can make rules for immigrants that would be unacceptable if applied to citizens.
In 1952's Harisiades v. Shaughnessy, the Supreme Court upheld the right of Congress to expel noncitizens who were former Communists. "In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit," Justice Felix Frankfurter wrote in his concurrence. "One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court."
Still, immigrants facing deportation do have some rights. Most are entitled to a hearing before an immigration judge, representation by a lawyer (but not one that's paid for by the government), and interpretation for non-English-speakers. The government must provide "clear and convincing" evidence to deport someone (a lower standard than "beyond a reasonable doubt").
On the other hand, some immigrants who are suspected terrorists may not be allowed to confront the evidence against them. In 1996, Congress established the Alien Terrorist Removal Court, a secret tribunal that can examine classified evidence. (Interestingly, Congress mandated in the same law that an immigrant tried by the terrorist court would have the right to counsel at government expense.) But the Alien Terrorist Removal Court has never been used, and a Department of Justice spokesman said he isn't aware of any plans to use the terrorist court any time soon.
Next question?
Explainer thanks Jeanne Butterfield, executive director of the American Immigration Lawyers Association; immigration lawyer David Leopold; Russ Bergeron of the Immigration and Naturalization Service; this American Civil Liberties Union report; and Dan Nelson of the Department of Justice.
-----------------------------------------------------------------
No comments:
Post a Comment