Third Letter to USCIS Ombudsman

Hon. Prakash Khatri Ombudsman Office of the Ombudsman U.S. Citizenship & Immigration Services Department of Homeland Security Washington, DC 20528

Re: End the Government’s Immigration Bias against America’s Small Businesses

Dear Mr. Khatri:

This is the third in a series of open letters outlining suggested changes in the practices of United States Citizenship & Immigration Services (USCIS). My letters to you are intended to put a flashlight on the behavior of USCIS – an agency that all too often remains mired in the worst practices of legacy INS. I write this time to ask that you examine and remedy several practices at the USCIS Regional Service Centers (RSCs) that hurt America’s entrepreneurs and small businesses.

This third letter asks you to intervene and cause USCIS to halt its unannounced practice of applying different, more-demanding, and wholly unlawful standards of eligibility for immigration benefits to America’s small businesses than the agency applies to large companies.

(To view this letter in its entirety click here)

Immigration – The New Kryptonite

The list grows longer – Bernard Kerik, Zoe Baird, Kimba Wood, Linda Chavez – all were felled in their political ascendancy by the revelation that a household employee or member lacked valid immigration papers. Just as Superman learned that the base metal, lead, could protect him from Kryptonite’s debilitating rays, politicians must recognize that immigration toxicity needs an immediate antidote.

If the immigration law supposes that we should disqualify worthy candidates for government service because they solved their pressing childcare needs by hiring or housing an undocumented nanny, then paraphrasing Charles Dickens, the law is “a ass, a idiot.”

Ironically, the subject came up in Los Angeles this week in a debate on talk radio (KNX-AM 1070’s The Business Hour), two days before Mr. Kerik’s disclosure of probable immigration violations and his resignation as President Bush’s nominee as the nation’s top immigration cop, the Secretary of the Homeland Security Department.

I squared off against Ira Mehlman, Media Director of the immigration-restrictionist group, FAIR, the Federation for American Immigration Reform. I maintained that America needs a practical solution to the reality that eight- to ten-million undocumented immigrants are not idle wastrels but are busy serving our nation’s vital needs, and filling jobs that otherwise go begging. Two of my examples: nanny-care and elder-care for the two-income Boomer couples who are the money-earning “meat” sandwiched between their young children and their aging and increasingly needy parents.

Mr. Mehlman’s pat answer: People need to learn that “there is no constitutional right to employ an illegal nanny.” To Mr. Mehlman, I now reply: Yes, but there is a constitutional right to petition government to change our laws so that they address our economic needs and support our family values. The time is now to decriminalize the act of hiring a hard-working, caring person to change our children’s diapers or our parents’ Depends, while we work to get our little bit of the American Dream.

Next month, Congress is already committed to addressing the immigration provisions stripped from the Intelligence Restructuring legislation. Early signals suggest that only draconian proposals, like new limits on drivers’ licenses for aliens and more kangaroo-court asylum law changes, are up for discussion. President Bush, it seems, will learn from newly-feisty House Republicans that his immigration guest-worker program is not yet a proper subject for parliamentary debate.

Perhaps Mr. Kerik’s “déjà vu all over again” resignation is just the wake up call we need to decriminalize America’s Boomers and the caregivers from abroad who help our families make it in a demanding economy. While it may be too late to revive Bernard Kerik’s fallen nomination from demise by immigration-kryptonite, let’s get a vaccine developed to destroy the immigration poison once and for all. This is not a job for the FDA; no, its up to us to tell Congress to fix the sorry immigration system and make it serve our needs and uphold our tradition as a caring, humane nation.

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U.S. Immigration Authorities Frown on Smiling

As if people of the world today don’t have enough concerns to keep them from smiling, the U.S. State Department has issued new guidelines (www.travel.state.gov/passport/pptphotos/composition_checklist.html) discouraging smiling in photographs for American travel documents. United States Citizenship and Immigration Services (“USCIS”), a unit of the Department of Homeland Security, has also adopted the new requirements for U.S. green cards and work permits. The dour new rules specify that when being photographed, people are to have a “natural expression.” In sample “acceptable” photos depicting “natural” expressions, a man and woman exhibit serious, Stepford-like stares, with mouths closed. For those so bold as to risk rejection of their photos, a wan smile with closed jaw (no teeth showing) may be allowed but not preferred.

This new requirement is no laughing matter. USCIS has been enforcing the photo-specs rule and rejecting pictures in which individuals are smiling and showing their apparently well-flossed teeth. Reports indicate that the Cleveland USCIS office is a non-smiling jurisdiction. Therefore, if you’re in Cleveland, definitely avoid smiling. Perhaps, Cleveland-area dentists may wish to protest this stealth attack on their profession.

The no-smiling policy seems to make holistic sense, however, in that few can smile at our dysfunctional immigration system. So all you photographers, rather than asking your subjects to say “cheese,” suggest instead that they think “immigration”.