Immigration / Press

Nyt

June 11, 2004
A Longer Wait for Citizenship and the Ballot in New York
By NINA BERNSTEIN

ew York, long the doorway for immigrants seeking entry into American society, now has one of the nation's longest backlogs of newcomers awaiting answers to their citizenship applications. It now typically takes triple the time to become a United States citizen in New York as in San Antonio — a year and a half compared with six months.

The backlog of pending citizenship cases in New York exceeds 100,000, more than in any other district in the country. The waiting list is likely to prevent a large number of would-be citizens from voting in the November election, frustrating voter registration drives and raising questions among advocates about why federal offices in some cities have fallen so far behind others in processing applications.

"There are many people who should be able to vote now, but because of the backlog, they're stuck, they won't be able to register," said Dan Smulian, training and legal services director for the New York Immigration Coalition, an umbrella advocacy group for more than 200 groups that work with newcomers.

Immigrants eligible to apply for citizenship are heavily concentrated in six voter-rich states: California, New York, Texas, Florida, New Jersey and Illinois. A growing number live in states like Arizona and Washington whose immigrant populations soared in the 1990's. Yet while application delays are shrinking in Seattle, Phoenix, El Paso and even in Los Angeles, government figures show, New York is one of many areas where deep backlogs rule.

Applications in West Palm Beach take 19 months to handle, more than twice as long as the seven months in Seattle, unpublicized government figures obtained by The New York Times show. Applications in Detroit take more than two and a half times as long as they do in Phoenix. The longest wait is in Cleveland: more than three years from application to oath of allegiance.

Such are the new mysteries of a federal battle against a growing naturalization backlog, one that President Bush pledged to eliminate in the last campaign.

Federal immigration officials say they are making headway in meeting the president's promise, to cut naturalization paperwork to six months or less. But current figures and long-term trends show the effort being outpaced by rising demand from a growing pool of 11.5 million eligible noncitizens, more of them now prompted to naturalize by a mix of insecurity and allegiance.

The sharp disparities among districts defy easy explanation, but theories abound. Some experts point to the special registration program for thousands of Muslim and Arab men after Sept. 11, 2001, which pushed districts with many such immigrants, like New York, to shift more workers from naturalization to background checks. Some advocates, like Celeste Douglas, the New York citizenship coordinator for the health care workers union, suggest that the Bush administration might be slower to give the vote to immigrants in New York, presumably Democratic-leaning, than to Hispanics in Texas.

Federal officials said that high-volume districts were just lagging smaller ones in instituting better business practices, but that assertion was not supported by agency data. A Feb. 28 agency document calculating backlogs showed 28 months in low-volume Detroit, 11 months in Phoenix, 9 months in Baltimore, 21 months in Miami and 13 months in Los Angeles, which handles the largest caseload in the nation.

"There is absolutely, positively no connection between the amount of time it takes for someone to naturalize and any voter registration system," said Christopher Bentley, a spokesman for Citizenship and Immigration Services, now part of the Department of Homeland Security.

Norine Han, one of his superiors, declined to provide a breakdown of the workload, resources and performance of the nation's 83 districts, part of a required progress report being prepared for Congress later this year. She ended an interview when this reporter sought more information to explain disparities.

Many would-be citizens have been waiting years without information, including Margaret Marsden, 74, the wife of a former Navy serviceman. Ms. Marsden said her first application was lost in the early 1990's when she lived in New York. She reapplied in 1998 when she moved to West Palm Beach and has supplied her fingerprints to immigration authorities three times.

"All I did was to work all my life and pay my taxes," said Ms. Marsden, who came to the United States from Trinidad in 1970. "We all want that sense of belonging."

In another case, a letter summoning Errol Taylor to be sworn in as a citizen on May 14 arrived at his Flatbush home more than a year after his interview and two years after he had applied for citizenship. But it was too late for Mr. Taylor, a hospital worker who had lived and worked in Brooklyn for decades after leaving Trinidad in 1975. He died in March at 60.

Several experts rejected the notion that the disparities could reflect political calculation, including Doris Meissner, who was commissioner of Immigration and Naturalization in the Clinton administration at a time when Republicans accused the administration of playing politics with naturalization by trying to speed up the process. A Justice Department investigation ultimately found no wrongdoing.

"It's pretty impossible to me to imagine that there could really be a conscious slowing down, a freezing in some states and not in other states," said Ms. Meissner, now a senior fellow at the Migration Policy Institute, a research organization. "That being said, it is not defensible in my opinion to have such incredible ranges of different times to do the same thing around the country when it is the same process."

An explanation for some of the most startling extremes was offered by lawyers at the American Immigration Lawyers Association: higher backlogs in districts with disproportionately large Middle Eastern and Muslim populations like Washington, Detroit and Cleveland. In such districts, said Crystal Williams, head of government liaison for the association, many more immigration officers had to be shifted from citizenship cases to registering thousands of Arab and Muslim men, a program that proved all but useless in finding terrorists and that was eventually dropped by Homeland Security.

"Offices that had a high number of special registrations are the ones having the hardest time recovering," she said. "A number of offices have given a very high priority to catching up on their naturalization backlog, sometimes to the detriment of other areas."

Some immigrant advocates in New York, like Myriam Rodriguez, deputy director of the Immigration Center at Hostos Community College in the Bronx, report that just the wait for the first appointment to provide fingerprints is stretching beyond seven months, much longer than a year ago.

In contrast, Wafa Abdin, the head of legal immigration services for Catholic Charities in Houston, spoke of a dynamic improvement, with processing cut from up to three years to as little as five months.

Ms. Abdin credited a new director of the federal district office in Houston and a high priority placed on naturalization. But the contrast with New York awakened deep suspicions in Ms. Douglas of the health care workers union, 1199/S.E.I.U.

"I'm wondering how political that is," Ms. Douglas said. "What is the difference in Texas? Does it have anything to do with Mexican immigrants, and assumptions about the Latino vote? Are there assumptions about immigrants in New York and how they're going to vote?"

All would-be citizens in the post-9/11 era face delays from centralized fingerprint and background checks and shifts of immigration personnel into enforcement, government officials and immigration advocates agree.

"We have to wait on the F.B.I.," said Shaconia Burden-Norton, a federal community relations officer in the New York district immigration office. "The F.B.I. will just say `pending.' And we can't push them."

Many waiting have lived in the United States much longer than the five years usually required. Some were part of a post-9/11 surge in applications attributed by officials to a mix of patriotism and insecurity.

Another nationwide spike in applications occurred in March — up 65 percent, to 77,000, compared with a year ago — and may reflect a one-time scramble to beat an April fee increase, federal officials say. They still project about half a million applications in the fiscal year ending in September, fewer than in 2002.

But scholars of immigration say the pool of those eligible for naturalization will grow in the next year or two, shadowing a rise in legal entries from 1999 to 2001. The proportion that applies for citizenship has been growing since the mid-1990's, said Jeffrey Passel, a researcher on immigration at the Urban Institute, in part because of anti-immigrant measures that made even longtime holders of green cards feel vulnerable.

Eugenia Claxton, 68, of Brooklyn, is one of many who had been satisfied with a green card for decades. By the time she applied for citizenship in December 2001, she had already made America her home the hard way.

Bit by bit over 40 years, working as a live-in maid, then as an aide in New York city nursing homes, she sent children to college, paid off a mortgage and saved for her retirement, which began the week the World Trade Center fell. That is when Ms. Claxton said she finally realized she was not going back to live in her native Costa Rica.

"All my children are here, all my grandchildren," she recalled of her decision. "I said to myself, it's worthwhile for me to vote."

But two and a half years later, Ms. Claxton is still waiting.
 
Houston Chronicle

Immigration wait is Texas' worst

50,000 people in area seek documents

By NANCY MARTINEZ
Copyright 2004 Houston Chronicle

They camp out on the street half the night and when the doors open at 6 a.m., they are
greeted by security officers, a metal detector and a sign that reads:

"Houston District. Our Mission is to Provide Accurate, Secure and Timely Immigration
Benefits, Delivered with the Highest Degree of Quality and Professionalism."

Then they wait.

In Houston, they wait longer than anywhere else in Texas.

Houston's backlog, where it can take anywhere from 18 months to two years to receive permanent residency, is one
of the longer waits in the country, longer than in Boston, Los Angeles and San Diego.

About 50,000 people in the Houston area are waiting for immigration documents, such as those for permanent
residency and naturalization. For some, the wait has been as long as five years.

With a 2006 federal deadline looming to shorten waiting times to six months or less, Houston and other district
offices of the U.S. Bureau of Citizenship and Immigration Services across the country are scrambling to deal with a
backlog of applications from 3.6 million people.

In New York, for example, some 100,000 immigrants are waiting for citizenship. The problem has gotten so bad
across the country that Congress will hear testimony this week from the United States Citizen & Immigration
Services (USCIS) and others, including the American Immigration Lawyers Association based in Washington, D.C.

"If it took this long for programs or benefits available to citizens like Social Security, there would be outrage and
riot," said Jonathan Blazer, spokesman for Project Voice, an immigrant rights program of the American Friends
Service Committee, based in Philadelphia. "This is a problem that has been too neglected because it's the immigrants
who are suffering."

Still, the long waits in Houston are shorter than they used to be, after the Immigration and Naturalization Service was
reorganized 15 months ago into two agencies, including the new U.S. Citizenship & Immigration Services.

In 2000, for example, it took more than 3 1/2 years to process an application for permanent residency in Houston.

Blame on bureaucracy

Officials have blamed the ongoing backlog on bureaucratic errors and security concerns after the 9/11 attacks. In
Houston, the office has also seen turnover, with three directors in three years.

"The old agency was unresponsive," said Hipolito Acosta, who was appointed director in 2002. "We needed a lot
of reform, and we still have a long way to go, but we're working smarter and making people accountable."

Houston immigration attorney Charles Foster said addressing the backlog, which he calls a "way of life," has been a
"Herculean task." Although efforts have been made to address the problem, it has never been successfully resolved,
he said.

But why some waits across the country continue to worsen is unclear.

Judy Golub, a spokeswoman for the American Immigration Lawyers Association, said the backlog stems from poor
coordination between federal agencies and inadequate funding.

"People point fingers at (USCIS), but the White House, Congress and (USCIS) all need to step up to the plate and
be involved in forging a solution for problems they all helped create,"she said.

When President Bush took office, he promised to welcome immigrants "with open arms, not with endless lines." He
said the old INS suffered from its dual missions of service and enforcement, including competing priorities,
insufficient accountability and lack of consistent policies.

Since the reorganization, some district offices have made significant improvements. El Paso is processing
applications it received in February of this year for permanent residency. In March, the El Paso Times reported that
the backlog of applications had shrunk by half in one year.

Other Texas cities have seen similar success. In San Antonio, those submitting applications for citizenship or
permanent residency can have their cases completed in as little as four months.

In Houston, officials say the push is for both faster and friendlier service.

"It used to be to go to the office it was scary," said Ghulam Bombaywala, president of the Pakistan American
Association of Greater Houston. "Now, it's friendly service. You don't see the long lines there anymore."

Helping hands

Acosta said such improvements are the result of specific changes, including a new task force dedicated to working
on the oldest cases and a community outreach team whose goal is to help people navigate the application process.

"People deserve an answer," Acosta said. "I want them to feel that when they deal with USCIS, it's not a
nightmare."

Yet, for some of the 50,000 people waiting here in the Houston area, the experience has been a trying one.

Bianca Springer, 29, holds a graduate degree in conflict analysis and resolution, but as she and her husband, Jerry,
sat in the USCIS office last week, she said she should have pursued a degree in bureaucracy.

After 18 months trying to resolve issues around her application for permanent residency since moving to Houston
from Miami, where she originally filed the paperwork, she sees no end in sight.

Letters and phone calls to her senators and to the national headquarters of the USCIS haven't helped.

"The first time I came to this office they told me there wasn't anything else to do but wait," she said. "The second
time, they asked me why I didn't submit a form, and the third time they told me my records hadn't been transferred
from the Miami office."

District officials say they understand the frustrations but that they're doing the best they can and working hard to
meet the president's goals. Representatives for the national and regional offices declined to talk about the waiting
times in Houston compared with other districts. Nor would they comment on a list of government figures showing
the disparities in wait time.

"We're a brand new 15-month-old agency. Did we have cases we inherited from legacy INS? Of course we did.
But we're not going to dwell on the past," said Maria Elena Garcia-Upton, the region spokeswoman for USCIS.
"Our main goal now is to focus on meeting our goal of six-month processing times, and we are working fast and
furious."

Two years of waiting

That won't be fast enough for Suliman Al-Rasheed, a retired executive with Saudi Aramco, an energy company. In
2002, after taking early retirement, he moved from Saudi Arabia to Houston with his wife, who is a U.S. citizen, and
their infant son. ............................................................
 
US Chamber of Commerce / Hindustan Times.com

Immigration reforms having negative impact on
US economy
Vasantha Arora (Indo-Asian News Service )
Washington, June 16

Immigration reforms, which include fingerprinting and photography, are
turning the US into a fortress and impacting negatively on the country's
economy, the United States Chamber of Commerce has said.

Randel K Johnson, the chamber's vice president for labour, immigration
and employee benefits policy, has urged the US Congress to consider the
economic consequences of visa and border delays caused by immigration
system reforms.

The US is scheduled to place measures like fingerprinting and facial
photography screening at the 50 largest land ports by December under
the US-VISIT programme.

"There is a growing perception abroad and in border communities that
America is turning into a fortress," Johnson said in a testimony before the
House Subcommittee on Infrastructure and Border Security.

"This perception, based on reality, is hurting American businesses.
Decision makers must listen to the concerns of those that must live with
the decisions they make," he added.

A recent study by the Santangelo Group for eight business organisations
estimated that visa problems alone have cost more than $30 billion to
the US economy in lost revenues and other indirect costs.

Johnson's testimony outlined the need for a layered and coordinated
approach to border security that starts before travellers arrive at ports of
entry and uses advanced technology to focus on high-risk or unknown
visitors while expediting low-risk and frequent visitors.

"Our largest concern is that new policies seem to have been put in place
with inadequate consideration of the need for coordination and
communication with the private sector, or the real resource needs to
efficiently carry out these changes," said Johnson.

"There is a very real scepticism among border communities that the
government will be able to implement US-VISIT by December without a
significant adverse impact on cross border traffic.

The government should do a better job of explaining to individual
communities, border crossing by border crossing, how it intends to
transform its plans into reality without disrupting border commerce," said
Johnson.

The US Chamber is the world's largest business federation, representing
more than three million businesses and organisations of every size,
sector and region.
 
CIO.com

Is H-1B Work a Bad Business Deal?

H1-B visas, which allow foreign workers with special hard-to-find skills to work in the United States, have been a political hot potato for years. Conventional wisdom has it that technology workers hate them because it’s easy for companies to find foreign workers with hard-to-find skills,” workers who will do the
same job that U.S. workers do for less money. Technology employers love them, allegedly, for that same
reason.

But now documents leaked to WashTech, a Seattle-based organization of
technology workers, suggest that both convictions are wrong: H-1B workers
are not cheap, and the big winner in many H-1B deals is neither the Indian
worker nor the U.S. company; it’s the outsourcing company.

The documents, which date from 2001, describe the pricing structure of
contracts between Microsoft and two large Indian outsourcers, Infosys and
Satyam. The hourly rate for a software architect, which WashTech claims is
the same for both outsourcers, is $90, or more than $187,000 a year. The
hourly rate for a senior software programmer is $72, or $149,000 a year, and
the hourly rate for a software developer is $60, or $124,000 a year. According
to the document, overtime pay for work done beyond 40 hours a week, was to
be 1.5 times the regular hourly rate. At that rate, just two hours of overtime a
week would push the price of a software architect over $200,000 a year—not
exactly a bargain for Microsoft, or for Microsoft stockholders.

For a worker accustomed to Indian wages, however, a salary like that would be
a king’s ransom. But it’s not. Because in reality, few, if any, H1-B workers ever
earn $200,000 a year.

How much do they earn? Ronil Hira, an assistant professor at the Rochester
Institute of Technology, told The New York Times this week that the salaries
paid by Indian outsourcers to their workers in the United States top out at
about $40,000 a year. That would put the markup for labor contracted to
companies like Satyam and Infosys at about 300 percent. It sounds
outlandishly high, but it jibes with the markup reported by an unnamed labor
arbitrageur who told a WashTech writer that he routinely marks up the price of
Indian software programmers by 250 percent or more.

Tell me again: Why are U.S companies doing this? Is it true H1-B workers really
possess skills that can’t be found in U.S. workers? Or are the wages paid to
H1-B workers, even with the outrageous markup, even with the political heat,
worth every penny?

Tell us what you think.

Sound Off is a weekly column about current IT-related issues. Web Editorial
Director Art Jahnke (ajahnke@cio.com) always welcomes feedback.

Is H-1B Work a Bad Business Deal?

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Voanews.com

Task Force Calls for Changes to US Immigration Law
Laurie Kassman
Washington
16 Jun 2004, 16:46 UTC


A new report on U.S. immigration calls for legalizing the status
of millions of undocumented workers and revamping policies to
better absorb immigrants into American society. The task force
report by the Chicago Council on Foreign Relations says the
situation is already in crisis - application backlogs are
growing, worker abuse continues, families remain separated,
scientific and medical research is hampered by visa
complications for immigrant experts and the system's
vulnerabilites invite security threats by potential terrorists. The
task force of more than 30 prominent business and political
leaders calls for quick action to fix the system.

During the past decade, immigrants have accounted for about
one third of the population growth in the United States and
nearly half the growth of the U.S. labor force.

Former Immigration Commissioner Doris Meissner is not
surprised. "The changes in this country are that we are a country
that is aging," she said. "We have less and less of a workforce
coming forward as a result of children born to native-born
Americans and the numbers are very dramataic. Fifty percent of
the growth of the workforce in this country in the 1990s came
about as a result of immigrants. And that was on a parallel track
with the longest sustained economic growth in our history. There
is a direct tie between that sustained economic prosperity that we
enjoyed and the availability of immigrant workers in our
workforce."

The Chicago Council on Foreign Relations' report on immigration
focuses on the American Midwest. In the region's 12 states,
immigrants accounted for 85 percent of the workforce growth in
the last decade.

Why a report on the Midwest? Legislators and experts usually
look at immigration as an issue for border states or coastal
gateways like New York or San Francisco.

Not so any more, says Alejandro Silva, a task force member and
an immigrant from Mexico.

Mr. Silva considers foreign-born laborers an essential part of
economic growth, both for their hard work and their role as
consumers.

"The immigration creates wealth, creates a growth," he explains.
"I have seen that year after year. You see the Midwest, if it had
not been for immigration of the new immigrants, we would not
have grown the way that we see it."

Mr. Silva says his food processing companies, like many other
manufacturing plants, depend on immigrant labor. And like other
U.S. employers, they must deal with the difficult issue of illegal
immigration.

Doris Meissner says the United States must do a better job of
controlling the flow of illegals by strengthening border security.

"Immigration is a very important positive advantage for the
United States," he adds. "So we have to do this right. And the
way to do this right, we believe, is to focus very intensively on
good and stronger border controls, on good intelligence and
information sharing on internatinal cooperation, particualrly on
law enforcement."

Still, the task force sees a disconnect between reality and
immigration laws enacted after the 2001 terrorist attacks in New
York and Washington.

Mr. Silva says tighter security laws often lead desperate
immigrants to take more risks to get to the United States.

"[The] tighter it has become after 9/11, the more difficult it has
become for people to come, the more risks they have to take to
come into the U.S," he notes. "It's a law that has been violated
every day and everybody knows. And the government doesn't
seem to face the reality. And the reality is the system is not
working."

The report calls for a better balance between laws focused on
security and those aimed at encouraging legal integration. It also
urges more structured temporary worker programs and more
innovative job training initiatives to fill future labor market needs.

Doris Meissner says the report warns against security measures
that unfairly target or discourage nationality groups from
migrating to the United States.

"It's legitimate for us to know who is coming and going from the
country," she says. "But at the same time, we were absolutely
clear in our view that it should not be done in a way that singles
out any particular nationality group, that rejects from coming to
the United States people from particular parts of the world, like
the Middle East or Arab countries, that you can have both and.
You can have a healthy immigraiton system. You can treat people
fairly from all parts of the world, that's after all part of the rule of
law that the United States is based upon and still strengthen
security."

The task force report will be circulated among U.S. lawmakers
now considering changes to American immigration policy. Task
force member Alejandra Silva concedes the advisory report does
not have all the answers.

"It's not an easy problem," he adds. "We don't have all the
answers. We don't intend to have all the answers either. We don't
intend to set out the way it should be legislated. We may have
the ideas that may work and some of what may be needed and the
priorities for the administration to do something about."

And with the November U.S. presidential elections on the
horizon, Ms. Meissner says the political impact of immigration is
not lost on lawmakers or the Bush Administration. "Certainly
politicians pay more attention as immigrant groups become
citizens because, let's face it, they then are able to vote and that
is what politics and decision-making is all about," she notes. .......................
 
The Salt Lake Tribune

U.S. plans better immigration services


By Sergio Bustos
Gannett News Service

WASHINGTON -- The Bush administration will unveil an aggressive
strategy Thursday to eliminate a staggering backlog of immigration
applications over the next two years.
The plan is designed to ease the process for millions of immigrants
seeking to become legal residents and U.S. citizens.
Eduardo Aguirre, director of U.S. Citizenship and Immigration
Services, the agency charged with serving newcomers to the United
States, said he will modernize computer systems, shift personnel to
district offices with high numbers of cases, and create a culture of
customer service to reduce the pile of 3.7 million backlogged
applications.
"Our goal is to process the right applicant with the right benefit in the
right amount of time," Aguirre said in an interview Wednesday with
Gannett News Service.
Aguirre will outline further details when he testifies Thursday before
the House Judiciary subcommittee on immigration, border security and
claims. The committee is reviewing the "detrimental impact" of the
application backlog on families of those seeking legal residency and
citizenship.
Plans to improve services for immigrants come in an election year
when Citizenship and Immigration Services has been widely criticized by
immigrant advocates and Hispanic organizations for failing to process
immigration applications in a timely manner. The criticism only grew
louder this year when the agency raised filing fees on more than two
dozen immigration forms.
Aguirre said the 2001 terrorist attacks forced his agency to closely
scrutinize applicants by requiring more extensive background checks.
The agency's new goal is to eliminate the backlog of applications and
process applications within six months by Sept. 30, 2006, fulfilling a
promise President Bush made during his 2000 presidential campaign.
Aguirre said the agency
will move adjudicators --
those who review
immigration applications --
between district offices to
reduce the backlog of
applications and improve
wait times. They also plan
to identify "low-risk"
applicants and encourage
adjudicators to make
decisions without
requesting further evidence
on routine cases.
"We are not weakening
the system with these
changes, but improving
them," Aguirre said.
Immigration advocates said the agency's latest plan doesn't go far
enough in serving the country's 33 million foreign-born residents. "These
are welcome reforms, but the agency can't get away from the fact that it
needs more money to do the job," said Judy Golub, of the American
Immigration Lawyers Association. "They need to upgrade their computer
systems, and that costs money. They need to hire more full-time staff,
and that costs money."
 
Washington Times

Immigration agency vows to
end backlog by 2006


By Guy Taylor
THE WASHINGTON TIMES


The nation's backlog of about 3.7
million immigration applications will be
eliminated by the end of 2006, a top
Bush administration immigration official
told lawmakers on Capitol Hill
yesterday.
Calling it a "serious problem,"
Eduardo Aguirre Jr., director of U.S.
Citizenship and Immigration Services
(USCIS), said his agency has begun to
chip away at the overflow, which
reached new heights when stricter
guidelines were implemented after the
September 11 attacks.

About 6.1 million immigration cases
are pending, more than half of which
are part of the backlog of cases at least
6 months old.
The plan for erasing the backlog
involves streamlining the application
process, including giving USCIS
adjudicators authority to make an
application decision at first review. It
also will rely on implementing new
technologies and expanding the online
application system.
"Ideally, we want 50 percent of
applications to come in electronically,"
Mr. Aguirre said. He added that USCIS
also will use the latest technology to
store fingerprints, photographs and
signature information of applicants.
Such storage, he said, will "reduce
the workload at USCIS facilities tasked
with capturing this information" and
"eliminate the redundancy of
recapturing such information" when
new or subsequent applications are
filed.
In testimony before the House
Judiciary subcommittee on immigration,
border security and claims, Mr. Aguirre
also spoke of the establishment of a
system to let people check the status
of their applications on the Internet.
Rep. Sheila Jackson-Lee, Texas
Democrat and ranking member of the
subcommittee, appeared optimistic
about the plans. "We cannot keep families separated for years
at a time on account of processing delays," she said.
Mrs. Jackson-Lee said one of the longest backlogs in the
country is in the Houston area, where about 50,000
immigrants are waiting for their applications to be processed.
"For some, the wait has been as long as five years," she
said.
Subcommittee Chairman John Hostettler, Indiana
Republican, said, "American companies have also suffered,"
because they must wait for USCIS to approve applications
submitted on behalf of employees from abroad, some of
whom graduated from American universities.
Dan Stein, executive director of the Washington
D.C.-based Federation for American Immigration Reform
(FAIR), said the attempt to ease the backlog in processing
applications was "a well-meaning, but ultimately fruitless
objective so long as the current failed immigration policy
remains in place."
"Lack of efficiency is only a small part of why the backlog in
processing 3.7 million immigration visas exists," Mr. Stein
said. "The problem is the rapid expansion of applications
brought on by a policy of chain migration that is
overwhelming the system and which must be ended."
Mr. Stein said the existing policy of extended family chain
migration means processing current applicants faster will only
encourage more relatives to get in line, leading to even
greater backlogs.
While USCIS is processing those applications and checking
immigrants' backgrounds, he said, Congress must freeze new
extended-family applications, he said
•Jerry Seper contributed to this report.
 
LATimes.com

THE NATION
U.S. Tries to Speed Flow of Immigration
Paperwork
Two more years are needed to erase a backlog of nearly 4 million cases, a House
panel is told. Agency cites improved methods.

By Vicki Kemper and Ricardo Alonso-Zaldivar, Times Staff
Writers

WASHINGTON — It will take the government
at least an additional two years to eliminate a
backlog of almost 4 million applications for
citizenship, green cards and work permits, the
administration's top immigration official told a
congressional subcommittee Thursday.

Eduardo Aguirre Jr., director of U.S. Citizenship
and Immigration Services, acknowledged that the
problem was serious, but he said his agency's
greatest need was time, not funds.

"My challenge lies not in taking more money,"
Aguirre told the House Judiciary subcommittee on
immigration, but in making better use of it. "Our
budget is adequate to serve our needs."

At a news conference earlier in the day, Aguirre
said his agency needed to make better use of
technology and to increase productivity by 20%.

The agency has 6.1 million pending applications
for naturalization or other adjustments in
immigration status. About 3.7 million applications,
or 60%, are considered part of the backlog
because they were filed more than six months ago.

At the agency's Los Angeles district office —
which serves the city as well as Los Angeles, Orange, Riverside, Santa
Barbara, San Luis Obispo and Ventura counties — applications for
naturalization require an average of 12 months for processing. Applications
for a green card, or permanent residency, take 14 months on average, said
agency spokesman Chris Bentley.

Aguirre said his agency recently turned a corner and was now processing
more applications than it receives each month. But he warned that "there are
no quick fixes" to a problem made worse by the full security checks
required since the 2001 terrorist attacks.

The backlog has become a sore point with businesses that depend on
foreign professionals, as well as with immigrant families. Aguirre said the
agency has revamped its computer systems, changed procedures and is
eliminating some requirements that only added to the paperwork.

Immigrants will no longer be required to resubmit their fingerprints every 12
to 15 months, for example, because the government now has virtually
unlimited capacity for storing digital images of fingerprints, signatures and
photographs.

The agency also has begun allowing immigrants in some areas, including Los
Angeles, to make appointments and file certain applications using the
Internet. Officials think programs such as e-filing and InfoPass will eliminate
long lines at agency offices and dramatically reduce the time needed to
process applications.

In addition, the agency is encouraging its district offices to streamline
procedures. In the past, applicants were often asked to submit additional
information, lengthening the processing time. But immigration officers now
are being told to make their decisions on the original application when
possible.

Another change the agency is making — one suggested by immigration
lawyers and other critics — is to stop asking immigrants to resubmit
information.

In the past, for instance, an immigrant doctor would submit to immigration
officials his resume, educational records and documentation from the
hospital that was seeking to hire him. But after his case languished for 15
months, an official might ask for the information again.

The new policy is called "decision at first review."

"I don't want paralysis by analysis," Aguirre said.

Aguirre told lawmakers that none of these changes would weaken his
agency's commitment to national security. All immigrants still will have to go
through complete security checks, he said. The agency refers suspected
fraud cases or security threats to another agency of the Homeland Security
Department, U.S. Immigration and Customs Enforcement.

President Bush, during his campaign for the White House in 2000, promised
to eliminate the immigration backlog and ensure that all immigration
applications were processed within six months. But Aguirre said his agency
was unlikely to reach that goal before September 2006, almost two years
into the next presidential term.

In January, Bush proposed a guest worker program that could result in 8
million to 12 million illegal immigrants filing for legal status. Congress has not
acted on the proposal.
 
chron.com

June 18, 2004, 12:53AM

Immigration chief says only time can clear backlog

Los Angeles Times

WASHINGTON -- It will take the government at least an additional two years to eliminate a backlog of almost 4
million applications for citizenship, green cards and work permits, the administration's top immigration official told a
congressional subcommittee Thursday.

Eduardo Aguirre, director of U.S. Citizenship and Immigration Services, acknowledged that the problem was
serious, but he said his agency's greatest need was time, not extra funding.

"My challenge lies not in taking more money," Aguirre told the House Judiciary subcommittee on immigration, but in
making better use of it. "Our budget is adequate to serve our needs."

At a news conference earlier in the day, Aguirre said his agency needed to make better use of technology and to
increase productivity.

The agency has 6.1 million pending applications for naturalization or other adjustments in immigration status. About
3.7 million applications, or 60 percent, are considered part of the backlog because they were filed more than six
months ago.

Aguirre said his agency recently turned a corner and is processing more applications than it receives each month. But
he warned that "there are no quick fixes" to a problem made worse by the full security checks required of all
immigrants since the 2001 terrorist attacks.

The backlog has become a sore point with businesses that depend on foreign professionals, as well as with
immigrant families. Aguirre said the agency has revamped its computer systems, has changed some procedures and
is eliminating some requirements that added to paperwork.

Immigrants will no longer be required to resubmit their fingerprints every 12 to 15 months, for example, because the
government now has virtually unlimited capacity for storing digital images of fingerprints, signatures and photographs.

The agency also has begun allowing immigrants in some areas to make appointments and file certain applications
using the Internet. Officials believe these "e-filing" and "InfoPass" programs will eliminate long lines at agency offices
and dramatically reduce the time needed to process applications.

In addition, the agency is encouraging its district offices to streamline their procedures. In the past, applicants were
often asked to submit additional information, lengthening the processing time. But immigration officers now are being
told to make their decisions on the original application when possible.

Another big change the agency is making -- one suggested by immigration lawyers and other critics -- is to stop the
practice of asking immigrants to resubmit information.

In the past, for instance, an immigrant doctor would submit to immigration officials his résumé, his educational
records and documentation from the hospital that was seeking to hire him. But after his case languished for 15
months, a case officer might ask for the information again. The new policy is called "decision at first review."
 
AP / Newsday

U.S. Vows to Cut Immigration Backlog

By JENNIFER C. KERR
Associated Press Writer

June 17, 2004, 6:41 PM EDT

WASHINGTON -- The Bush administration pledged Thursday to eliminate long application
processing delays for millions of immigrants seeking work visas, legal residency or citizenship
in the United States.

The head of U.S. Citizenship and Immigration Services, Eduardo Aguirre, told Congress his
bureau has a plan to erase the application backlog by September 2006. Steps include
reallocating resources and modernizing outdated computer systems.

Testifying before the House
Judiciary Committee's
immigration subcommittee,
Aguirre said the goal is to
"provide the right benefit to
the right person in the right
amount of time, and prevent
the wrong person from
accessing immigration
benefits."

The bureau has about 6.1
million applications pending
for U.S. citizenship, green
cards and various visas. Of
those, 3.7 million are
considered backlogged,
meaning they've been
pending for more than six
months, Aguirre said.

"Those aliens who follow the
law and dutifully apply for
immigration status with U.S.
Citizenship and Immigration Services should not be stranded in legal limbo," said subcommittee
Chairman John Hostettler, R-Ind.

Aguirre acknowledged the backlog is a serious problem, but said he expects to reduce
processing times to less than six months -- a goal set by President Bush.

Democrats expressed skepticism.

"We have heard promises about the backlogs many, many, many times," said Rep. Zoe
Lofgren of California.

In addition to making better use of technology, the bureau plans to save time by storing
applicants' biometric information, such as fingerprints, to save steps should they decide to
change their immigration status.

It also plans to divert resources from delay-free offices to cities with backlogs.

San Antonio and Anchorage, Alaska, had some of the best performance records for
completing applications. Houston, Atlanta, Honolulu and Cleveland ranked among the worst.

Overall, the average wait for naturalization is 14 months. Green card applications linger for 22
months on average.

Rep. Sheila Jackson Lee of Texas, ranking Democrat on the subcommittee, questioned
whether the bureau needed more money to eliminate the backlog. Aguirre said no.

The bottom line, Aguirre said: "We need to increase productivity by almost 20 percent with the same people that we have and
better technology."
 
AP / Baltimore Sun

U.S. Vows to Cut Immigration Backlog
By JENNIFER C. KERR
Associated Press Writer
Originally published June 17, 2004, 6:41 PM EDT
WASHINGTON -- The Bush administration pledged Thursday to eliminate long application
processing delays for millions of immigrants seeking work visas, legal residency or citizenship in
the United States.

The head of U.S. Citizenship and Immigration Services, Eduardo Aguirre, told Congress his
bureau has a plan to erase the application backlog by September 2006. Steps include reallocating
resources and modernizing outdated computer systems.

Testifying before the House Judiciary
Committee's immigration subcommittee,
Aguirre said the goal is to "provide the right
benefit to the right person in the right
amount of time, and prevent the wrong
person from accessing immigration
benefits."

The bureau has about 6.1 million applications
pending for U.S. citizenship, green cards and
various visas. Of those, 3.7 million are
considered backlogged, meaning they've
been pending for more than six months,
Aguirre said.

"Those aliens who follow the law and
dutifully apply for immigration status with
U.S. Citizenship and Immigration Services
should not be stranded in legal limbo," said subcommittee Chairman John Hostettler, R-Ind.

Aguirre acknowledged the backlog is a serious problem, but said he expects to reduce processing
times to less than six months -- a goal set by President Bush.

Democrats expressed skepticism.

"We have heard promises about the backlogs many, many, many times," said Rep. Zoe Lofgren of
California.

In addition to making better use of technology, the bureau plans to save time by storing applicants'
biometric information, such as fingerprints, to save steps should they decide to change their
immigration status.

It also plans to divert resources from delay-free offices to cities with backlogs.

San Antonio and Anchorage, Alaska, had some of the best performance records for completing
applications. Houston, Atlanta, Honolulu and Cleveland ranked among the worst.

Overall, the average wait for naturalization is 14 months. Green card applications linger for 22
months on average.

Rep. Sheila Jackson Lee of Texas, ranking Democrat on the subcommittee, questioned whether
the bureau needed more money to eliminate the backlog. Aguirre said no.

The bottom line, Aguirre said: "We need to increase productivity by almost 20 percent with the
same people that we have and better technology."

* ___

On the Net:

U.S. Citizenship and Immigration Services: http://uscis.gov

Copyright © 2004, The Associated Press
Talk about it E-mail it Print it Contact us
 
Fair

Immigration Backlog
Cannot Be Addressed Until
Immigration Policy is Fixed


June 17, 2004


Improving Efficiency is a Laudable Goal, But It's Time to Get Off the
Treadmill, Says FAIR

The announcement Thursday that the Bureau of Citizenship and
Immigration Services will attempt to ease the long backlogs in
processing immigration applications is a well-meaning, but
ultimately fruitless objective so long as the current failed
immigration policy remains in place, said the Federation for
American Immigration Reform (FAIR). Lack of efficiency is only a
small part of why the backlog in processing 3.7 million
immigration visas exists. The problem is the rapid expansion of
applications brought on by a policy of chain migration that is
overwhelming the system and which must be ended.

"Everyone is in favor of efficient government," said Dan Stein,
executive director of FAIR. "However, because of today's policy
of extended family chain migration, processing current
applicants faster will only expedite more relatives getting in line,
leading to even greater backlogs tomorrow. Instead of hiring
more bureaucrats to process people faster, Congress needs to
reform the policy that created the backlogs in the first place."

FAIR also cautioned that efficiency must not come at the
expense of national security. "There is a longstanding
bureaucratic culture in the immigration service of
rubber-stamping approvals in the name of efficiency. Inevitably,
the political pressure to meet some arbitrary deadline for
eliminating the backlog will take precedence over thorough
background investigations. We have seen criminals and even
terrorists admitted in the past in the name of efficiency," Stein
warned.

"A very large percentage of the 3.7 million people now waiting
to have their applications processed have applied as extended
family members of other immigrants. While the Bureau of
Citizenship and Immigration Services is processing those
applications and checking people's backgrounds, Congress must
freeze new extended family applications," said Stein. "It's time
to get off the immigration treadmill. Under the current system,
the faster that applications are processed, the faster new
applicants get in line behind them.

"The Bureau of Citizenship and Immigration Services should take
as much time as is needed to review all existing immigration
applications, and Congress must impose an immediate halt to
accepting new applications from extended family members,"
Stein continued. "The problem is an unworkable policy and until
Congress changes it we will continue to see enormous backlogs
and pressure for quick fixes that come at the expense of
homeland security."
 
Kight Ridder

Immigration service to expedite applications


By Frank Davies

Knight Ridder Newspapers


WASHINGTON - The nation's immigration service announced Thursday that it was renewing efforts to
reduce the backlog of applications for citizenship, green cards and other benefits.

Eduardo Aguirre, the director of Citizenship and Immigration Services, told Congress his bureau expects
to reach its goal of processing almost all applications in six months or less by the end of 2006.

To do that, he expects that the FBI, customs and other law-enforcement agencies will speed up the
background checks that often hold up many immigration applications.

"We do depend on them, but we are already getting a faster turn-around time from the FBI," Aguirre said
before he testified to the House Judiciary Immigration Subcommittee.

Bill Yates, the associate director for operations, said FBI checks that took months in the 1990s now took
only a couple of days.

Since the Sept. 11, 2001, terrorist attacks, law-enforcement officers have spent more time checking watch
lists and other databases to research the records of people seeking citizenship or permanent residency.

That's added to delays in even the most routine applications, but Aguirre said his bureau in recent months
had reduced the backlog of 3.7 million applications still pending after six months by more than 212,000.

The new immigration service, created in March 2003, is improving its performance in several areas to
reduce the backlog, Aguirre said:

-A special task force of experienced staffers will process applications more rapidly in the areas of greatest
need.

-Staffers will "identify low-risk cases primed for fast-track processing," and eliminate redundancy. Some
applicants have been frustrated by having to supply the same paperwork several times.

-More online filing will speed up the process. InfoPass, a program that began in Miami, allows a customer
to make an appointment online instead of waiting in line. It will be available nationwide by Oct. 1.

-Immigration officers will eliminate the practice of "unnecessarily requesting additional evidence" from
applicants in some cases.

Aguirre admitted that his bureau faces a formidable challenge. One of his charts on backlogs showed that
in Miami, the naturalization process takes 10 to 15 months and green card processing often takes more
than 15 months, one of the longest waits in the nation.

"We are dealing with the most complex set of laws in the nation. It beats the tax code," Aguirre said. "I
liken this task to climbing Mount Everest, not because it's impossible, but because it's doable."
 
Indians

New US visa rules to hit Indians most

The situation arose because last year the US issued 50,000 visas, of which 46
pc were given to Indians working primarily in the IT sector


T.V. PARASURAM

Posted online: Monday, June 28, 2004 at 0026 hours IST


WASHINGTON, JUNE 27: Indians will be the largest group affected, following the
new US decision for six major categories of working visas that will come into
affect from July 16.

According to the new rules, holders of ‘E’ (traders and investors),
‘H’(professionals), ‘I’(journalists), ‘L’ (corporate workers), ‘O’ (people with
particular skills) and ‘P’ (Entertainers, artists, athletes) categories of visas will no
longer be able to renew their papers in US and have to travel to a US embassy
abroad to be finger-printed before their visas are renewed. Deputy Assistant
Secretary of State for Visa Services, Bureau of Consular Affairs Janice Jacobs
has admitted that Indians will the largest group that will be affected following the
US move.

Last year 50,000 visas were issued under
these categories and of these 46 per cent
were given to Indians, Jacob said. When
asked why Indians have been targeted when
not a single Indian has so far been linked to
hijacking, Jacob said the fact that 46 per cent
of the affected people will be Indians but the
rules were not aimed at any particular
nationality.

‘‘A lot of these visas that we renew are people
working here in the information technology
field and there are a lot of Indians doing that
and I think that is why it turned out that way,’’
he said. ‘‘This is not aimed at any particular nationality. I think the Indians have
over the years benefited the most from this programme, but it just turned out that
way.

‘‘Again, this is being done primarily because of a Congressional requirement that
we have for collecting biometrics and we are also doing more interviews of
applicants now than we did in the past. Again, we don’t conduct these interviews
here in the US,’’ Jacobs said.

‘‘What we have been told by our Inspector General, what we have been told by
Congress and the General Accounting Office is basically what we were doing in
the US was not what we are now doing overseas and that we needed to fix that.
‘‘But, really, it is because we cannot collect the fingerprints in the US. That is the
primary reason why we are having to end this service,’’ he added. — (PTI)


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Fortune 500 / DenverPost.com

Rep. Tancredo's proposals for immigrant remittances draw First Data Corp. into public policy debate

By Aldo Svaldi
Denver Post Staff Writer

Post file
U.S. Rep. Tom Tancredo, R-Colo., left, and First Data chief executive Charlie Fote.

First Data Corp. chief executive Charlie Fote and Rep. Tom Tancredo, R-Colo., are both the grandsons of Italian immigrants and consider immigration a critical public policy issue.

Their views just happen to be polar opposites.

First Data, based in Greenwood Village, earns billions of dollars a year from its international Western Union money transfer business.

Tancredo, a Littleton Republican who represents the 6th Congressional District in which First Data has its headquarters, has built his political career on ideas to control immigration.

He recently proposed taxing remittances - the billions of dollars that workers send each year from the United States to their families and friends in Mexico and other countries. Such a move could have hurt First Data's business.


Advertisement

Tancredo quickly backed off the trial balloon of remittance taxation and now recommends that U.S. foreign aid be offset by the money that workers in the U.S. send abroad. Fote and First Data oppose that proposal, as well.

Meanwhile, First Data employees have formed a political action committee that is funding pro-immigration candidates, including Tancredo's Democratic opponent in the fall election.

The political action highlights how First Data, once content to remain a behind- the-scenes player, is strategically and openly inserting itself into the immigration debate.

"In the end, political support is a matter of choice, and we will support the individual who we believe best reflects the interests of our business and this district," Fote said in an e-mail to The Denver Post.

Tancredo counters that his intent with the remittance tax proposal was not to harm First Data, which employs 2,700 people locally and expects to pull down $10 billion in revenues this year.

"Really and truly, it had nothing to do with them," Tancredo said. "I did not purposely do anything to hurt their bottom line. Nobody was talking about taxing Western Union or First Data."

"Voices weren't being heard"

The skirmish with Tancredo is just one in a series of moves by First Data to shape the country's ongoing public policy debate over immigration.

"We selected immigration reform as our jumping-off point because it's an issue that's important to a very large customer group, and we felt their voices weren't being heard," Fote said.

First Data is Colorado's biggest company by market capitalization, valued at $38.5 billion. It provides back-end transaction processing for more than 3.5 million merchants and has the country's largest ATM and debit-card network.

It's the world's largest provider of money transfers - through its Western Union subsidiary - with 188,000 agent locations in 195 countries.

In March, Fote spoke at the National Press Club and unveiled a new $10 million First Data Empowerment Fund to help immigrant communities and foster an "enlightened" discussion of immigration.

Fote argued at the time for more humane treatment of immigrants and for eliminating the backlog in families wanting to move to the U.S. legally.

Fote is personally hosting a series of immigration reform forums across the country, including sessions in Chicago on July 21 and in Denver on July 22.

The company is testing a Business Information Clearinghouse in Denver to assist Latino entrepreneurs and is working on initiatives to teach families in developing countries how to leverage the funds they receive from relatives abroad.

STATE OF REMITTANCES

The moves have earned accolades from immigrant groups, who point to First Data as the only Fortune 500 company willing to take a public stand on the subject.

"First Data is very courageous and proving to be a gallant leader in our community," said Polly Baca, executive director of the Latin American Research and Service Agency in Denver. "They are addressing one of the most critical issues in our state and nation."

Baca said that First Data has brought various sides of the immigration debate together without trying to push the dialogue in a predetermined direction.

But one direction that First Data's side of the dialogue will most likely never go is toward Tancredo's position of stronger limits on immigration to the U.S.

Tancredo proposed placing a 5 percent tax on remittances last month after reading a Washington Post article detailing how individuals in the U.S. send $30 billion a year in remittances to Latin America.

"If the report is correct, even a small levy on remittances could generate millions or even billions of dollars for things like better border enforcement," Tancredo said in May.

Fred Niehaus, First Data's senior vice president of public affairs, said Tancredo's tax proposal surprised the company and challenged its interests.

Tancredo said that he doesn't design policy based on the interest of any single company, even if that company is the largest in his district.

"We don't do business that way," he said. "We don't go to corporations first and say I am thinking about this. You try to think about what is best for the country."

However, Tancredo has shelved that plan in favor of a legislative proposal that would reduce U.S. foreign aid by the money a country receives in remittances.

A blessing or a curse?

Bendixen argues that remittances benefit both the countries receiving them and the U.S., a position that First Data supports.

"The only way you are going to curb illegal immigration to the U.S. is to foster the economic development of Latin America," he said.

Tancredo disagrees, and argues that remittances actually encourage illegal immigration. There are an estimated 8 million illegal immigrants in the U.S., according to the U.S. Census Bureau.

In some countries, money transfers represent the largest or second-largest source of national income - even ahead of tourism, Tancredo said.

Nations that get large flows of money from abroad have less motivation to address high unemployment rates and to foster economic self-sufficiency, Tancredo said.

As a result, he says, those foreign governments encourage workers to cross the U.S. border illegally and drain billions of dollars from the U.S. economy.

Executives at First Data's Western Union, which transferred 14 percent of the $151 billion in global remittances last year, see it differently.

It's a key reason why First Data Corporation Employees for Responsible Government, the political action committee, was launched a month ago, Niehaus said.

The committee has raised $22,500 so far, with contributions given to candidates including President Bush; Rep. Chris Cannon, R-Utah; Sen. Ted Kennedy, D-Mass.; and $2,000 to Tancredo's Democratic opponent this fall - Joanna Conti.

Conti calls First Data's support "very significant" and criticized Tancredo's stance on immigration issues.

"This is his crusade, not the district's crusade," Conti said. "Our immigration policy is broken. Most people would agree that we need to return to a more sensible policy."

Conti most likely stands little chance of winning a district where 46 percent of voters are registered Republicans and just 23 percent are registered Democrats.

Tancredo handily beat his Democratic opponent Lance Wright in the 2002 election, winning two-thirds of the vote.

That may be why Tancredo doesn't view Conti as a threat to his serving a fourth term and takes First Data's overt opposition in stride.

"I live in a live-and-let-live world," Tancredo said. "I want them to do what they need to do. I have to do what I have to do."

A risky endeavor

Niehaus admits that First Data's reputation could suffer if the immigration reforms backed by the company fail.

While corporations may take public policy positions that serve their interests, they don't often confront public officials in the open.

"It is rare that you hear about these things coming out and happening," said Katie Kimberling, director of operations at Wilson Research Strategies in Oklahoma City.

Larry Sabato, director of the nonpartisan University of Virginia Center for Politics, said a company wouldn't challenge a sitting member of Congress lightly.

"When you challenge a politician who has significant power in the majority caucus, which Tancredo does, you are taking a chance," he said.

Shareholders could balk at the company's activist position, and so could people who agree with Tancredo's stance.

Corporate America isn't behind enforcing existing immigration policies, said Craig Nelsen, director of ProjectUSA, a group opposed to accepting foreign identification cards to open bank accounts in the United States.

"There is no money in enforcing immigration law," Nelsen said. "It is all in the other side, in circumventing it, increasing it or turning a blind eye to it."

Fote counters that immigrants strengthen the U.S. economy, diversify the social fabric of society and must be treated fairly.

In the past, First Data has focused primarily on growing its business, but it now is in a position where it can advocate for its customers, who often have no one to take their side, Fote said.

"Sure, we risk criticism from those people who disagree with our work in the area of immigration reform," Fote said. "We're prepared to face that criticism, but the fact is we believe what we're doing is the right thing to do."

Staff writer Aldo Svaldi can be reached at 303-820-1410 or asvaldi@denverpost.com .
 
British Journalists / VIsas

Keeping America safe from foreign writers

Elena Lappin NYT

Tuesday, July 13, 2004

Two months ago, I traveled from London to Los Angeles on assignment for a British paper, The Guardian, believing that as a British citizen I did not require a visa. I was wrong: as a journalist, even from a country that has a visa waiver agreement with the United States, I should have applied for a so-called I (for information) visa. Because I had not, I was interrogated for four hours, body-searched, fingerprinted, photographed, handcuffed and forced to spend the night in a cell in a detention facility in central Los Angeles, and another day as a detainee at the airport before flying back to London. My humiliating and physically very uncomfortable detention lasted 26 hours.

I've since learned that mine was not an isolated case: Since March 2003, when the Department of Homeland Security became responsible for immigration and border patrol, 13 foreign journalists were detained and deported in a similar manner in that year, all but one at the Los Angeles airport.

The visa requirement itself and the treatment of journalists by American authorities are deemed untenable by the American Society of Newspaper Editors and by Reporters Without Borders. Both organizations have sent letters of protest to Tom Ridge, who heads the Department of Homeland Security, as well as to Secretary of State Colin Powell and Attorney General John Ashcroft.

Possibly as a result of this concentrated action, Robert Bonner, the commissioner of Customs and Border Protection, recently announced that journalists arriving without an I visa may be allowed a one-time entry but should be advised that they must apply for it for any future journeys. "We are an open society," Bonner declared, "and we want people to feel welcome here."

This claim could be disputed by American businesses, which have lost $30.7 billion in the last two years because of visa delays and denials for their foreign partners and employees, according to a survey sponsored by eight business organizations.
.
With or without the special visas, journalists are now scrutinized by the Department of Homeland Security, which questioned me in detail in Los Angeles, and by the State Department, which - when I reapplied to travel back to the United States - asked me whom I was going to interview in the United States, what the nature of my article was and even what fee I would be paid. There is a turf war between the two departments, usually won by Homeland Security. Even with a visa, one can be turned back at any port of entry.

American journalists working abroad, especially in free countries, are not accustomed to monitoring of this kind. By requiring foreign journalists to obtain special visas, the United States has aligned itself with the likes of Iran, North Korea and Cuba, places where reporters are treated as dangerous subversives and disseminators of uncomfortable truths.

In June 2003, for example, the State Department cabled all its diplomatic and consular posts, urging them to pay attention to "an increasing number" of journalists being denied entry. "Aliens coming to practice journalism are not eligible on the visa waiver program or a business visa," it explained. Journalists who attempt to do so "are subject to removal." Ostensibly, this information is meant to apprise visa applicants of the rules of entry and spare them later distress. Still, the approach seems that of a police state with a repressive ideological agenda.

But in truth, journalists and writers are not being singled out for their political views. Take the case of the British novelist Ian McEwan. Laura Bush admires his books so much that he was invited to a lunch she had with Prime Minister Tony Blair at No. 10 Downing Street in the fall of last year. Several months later, when McEwan traveled to the United States via Canada to address an audience of 2,500 in Seattle, he was refused entry by American immigration officials at the Vancouver airport. (Their explanation was that his $5,000 honorarium was too high for him to qualify for the visa waiver program.) The 36-hour crisis - which would have resulted in his detention had it occurred on American instead of Canadian soil - was finally resolved with the help of diplomats, Congress members, journalists and lawyers.

"We don't want to let you in, we don't think you should come in," McEwan recalls being told by an immigration official. "But you have powerful allies and we don't like the publicity." McEwan began his Seattle talk by wryly thanking the Department of Homeland Security "for protecting the American public from British novelists."

Today, he says, "I think what has happened is that this department has been spawned in short order and is pumped up with a mission. But the people on the ground have not been properly informed about the legislation by Washington, and tend to make up the rules on the spot. It suggests the same gung-ho carelessness that typified the post-invasion effort in Iraq. I'm not immune to the argument that you need Homeland Security to help counter terrorists; America has a lot of enemies, more now than ever. But this sort of thing increases its isolation."

The ordeal endured by the Canadian novelist and Booker Prize nominee Rohinton Mistry is more disturbing still, because it raises the question of racial profiling. Mistry abandoned a speaking tour in the United States in 2002 because of the treatment he and his wife received at a number of airports. They were stopped and interrogated "to the point where the humiliation for him and his wife became unbearable," a representative of his American publisher, Alfred A. Knopf, told The Globe and Mail of Toronto.

Brent Renison, an attorney in Portland, Oregon, and an immigration law specialist who worked with McEwan, points to the excesses committed by immigration officials. "Rohinton Mistry was born in India, not a 'special registration' country, and is a Canadian citizen, entitled under the current rules to avoid the program of fingerprinting and photographing upon entry on a visa waiver." As it happens, these difficulties predate 9/11. The minuscule print warning after the signature line on the visa waiver form, stating that "you may not accept unauthorized employment; or attend school; or represent the foreign information media during your visit" first appeared in the early 1990s, when the visa waiver program itself was introduced for 27 countries, including mine.

The I visa was initially conceived against the background of the highly controversial McCarran-Walter Act, enacted in 1952 at the peak of the McCarthy era. One of the bill's authors, Senator Pat McCarran, boasted that the act was an effective screen against subversives. Opposition to the measure was fierce. The National Council of Churches called it "an affront to the conscience of the American people." President Truman, whose veto of the statute was overridden by Congress, said its national-origins quota system was reminiscent of the Nazi master-race philosophy.

Brent Renison points out that the bill listed journalists as "a new class of nonimmigrants" and removed them from the visitor category. In any event, visas were denied over the years to major intellectual figures like Graham Greene, Gabriel García Márquez and Carlos Fuentes. As late as 1991, The New York Times reported that the State Department "maintains a list of hundreds of thousands of aliens who are considered to have dangerous beliefs or intentions and ought to be kept out of the country."

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The USA Patriot Act revived much of the McCarran-Walter Act. It placed antiterrorism measures in a peculiar conceptual proximity to laws supporting the control and removal of undesirable aliens, although with a new emphasis: As dissident writers seem to have disappeared from the public sphere, journalists have become the new subversives, even when they have no agenda at all.

While old and new ideology seemingly mesh within the Patriot Act, the truth is that in the name of fighting terrorism, it has transformed a free, open, inimitably attractive democracy into something resembling an insular fortress of Kafkaesque absurdity. Perhaps Kafka was wise to write his visionary novel "Amerika" without ever having visited it. Chances are that today he would not have received a visa.

Her journalism has appeared in Granta, Prospect and Slate.




Source: http://www.iht.com/articles/529086.html
 
http://www.khaleejtimes.com/DisplayArticle.asp?xfile=data/subcontinent/2004/July/subc

US rejects 1,000 Gujarat devotees' visa applications
From Mahesh Trivedi

16 July 2004


AHMEDABAD - The US authorities have rejected visa applications of 1,000 devotees
of Gujarat belonging to the rich Hindu Swaminarayan sect who wanted to attend the
August 8 inaugural function for the majestic temple built in Chicago.

The American embassy in Mumbai where the followers were interviewed in four
groups gave no reason for the rebuff.
Kaushik Joshi, a spokesman of the Aksharpurushottam Swaminarayan Sanstha, told
this correspondent that 1,000 people from different cities of the state who had each
paid Rs7,500 visa fee and spent another Rs5,000 to obtain the visa were raving and
ranting, and had gathered here for consulting top religious leaders for a possible
protest programme.
The famed eye-catching Akshardham temple at Gandhinagar that was attacked by
terrorists two years ago belongs to this Swaminarayan sect.
 
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