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http://www.csmonitor.com/2002/0205/p01s03-usju.html

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A harder look at visa overstayers

Since Sept. 11, calls have increased to keep closer tabs on visa holders.

By Alexandra Marks | Staff writer of The Christian Science Monitor

NEW YORK - Let's call her Marissa. She has wavy hair in a bob and dark eyes
that are quick to smile. A Palestinian from Israel fluent in four languages,
she earned a graduate degree in Moscow.
She's also an illegal immigrant. Marisa - and almost half of the estimated 9
million illegal aliens in this country - has overstayed her visa. She tried
to find an employer to sponsor her so she could earn a green card, but time
ran out. "No one wants to be illegal," she says. "We want to work hard. We
want to live happily. That's why I'm here."


The Sept. 11 attacks have shed new light on the extent to which the American
immigration system is broken. While all 19 alleged hijackers entered the
nation legally, two had overstayed their visas.

It's estimated that each year more than 100,000 legal visitors decide to
stay. The majority are like Marissa. In their desire for a better life, they
are taking advantage of what's become the easiest, albeit illegal way, of
grasping the American dream.

"The INS has always been so overwhelmed that visa overstayers never received
much attention," says Nestor Rodriguez, an immigration expert at the
University of Houston. "Now, post-Sept. 11, there are new and present issues
of national security. The game has changed."

Over the past 30 years, the practice of visa overstaying has grown into the
method of choice for millions of migrants from all over the world. And the US
Congress and Immigration and Naturalization Service have actually made it
fairly easy to do so: Once a foreigner is in this country, the INS has no
effective way to track where they are or whether they leave when they are
supposed to.

And while Marissa doesn't like to be illegal, she's also not particularly
worried about getting caught. Experts say she's not alone. "We have no real
idea of how many visa overstayers there are," says Mark Krikorian of the
Center for Immigration Studies in Washington. "We certainly don't know who
they are or where they are."

Hard-working risk-takers

In general, illegal immigrants in this country are considered a
"self-selected" group of hard-working, entrepreneurial people willing to risk
jail, and sometimes their lives, to better themselves.

But like Marissa, visa overstayers also tend to be more educated than other
illegal immigrants. One reason: To get a tourist visa, a person has to show
they have substantial ties to their home country - in the form of a job,
school, or family. And most of these people already have enough money to fly
into the country.

"As a class, they're educated, skilled, and innovative. They're willing to
take jobs Americans won't," says Allan Wernick, chairman of the Citizenship
and Immigration Project at the City University of New York. "They're a
tremendous boost to the economy."

But as opponents of illegal immigration note, they did cheat to get here.
Their first interaction with the US government was to lie about their
intention to return home. As a result, they skipped over the millions of
foreigners who sometimes wait years to immigrate here legally.

"You undermine the whole principle that the law matters," says Dan Stein of
the Federation for American Immigration Reform (FAIR) in Washington. "You're
telling anyone who patiently waits in line that they're a sucker."

Since Sept. 11, the INS has increased scrutiny of people applying for visas,
particularly among Middle Eastern men. But overall, the system remains
substantially unchanged.

Back in 1996, Congress passed a law requiring the immigration service to set
up a rigorous system to track when a foreigner enters and leaves the country
to help curb visa overstays. It's referred to as "controlled departure" or an
"entry/exit system." But after border towns objected, voicing concern about
massive delays and disrupted commerce, Congress twice postponed
implementation.

After Sept. 11, the House again passed a bill calling for a
controlled-departure system. The Senate version is pending.

"What it would do is turn the entry/exit system into what it should be," says
Mr. Krikorian. "Foreign visitors would have ID cards that they would swipe on
the way in and swipe on the way out. It would make the system more viable."

But critics note such a system could cost tens of billions of dollars to
implement properly. And it may do little to increase national security. They
contend that with an estimated 31 million temporary visits to the US each
year, looking for a terrorist at entry/exit points is a "needle in a
haystack" approach.

Indeed, over the past decade, terrorists have taken advantage of just about
every way to enter the country, legal and illegal.

Then there's the question of what the INS would do even it if could easily
identify visa overstayers. "What are you going to do? Send the local cops
after them? The INS and the FBI certainly don't have the resources to go
after them," says Mr. Wernick. "It's not a cost-effective way to control
terrorism. Those billions would be better spent on intelligence."

Overworked, underpaid

Marissa understands the moral and legal questions surrounding her illegal
status. And since she's come, she's encountered the abuses many illegals
face. She's been overworked, underpaid, and has no benefits or job security.
"I'm so tired of being illegal, but I'm also desperate to start a new life
here," she says. "I don't think most Americans understand just how lucky they
are and how difficult it is other places."

Some immigration experts say the only way to start bringing the system under
control is to grant amnesty to many of the people who are already here. But
the bottom line, they say, is tightening up the borders.

"It's a dilemma. These do tend to be hard-working and entrepreneurial people.
But we're being inundated with such people looking for economic betterment,"
says Austin Fragoman, one of the nation's leading immigration lawyers. "From
a public-policy standpoint, we have to regulate this. Otherwise, we might as
well take the walls down and let the world redistribute itself."

America Disenfranchised: Non-citizens Vote
Dave Eberhart, NewsMax.com
Saturday, Feb. 2, 2002
With a bill outlining changes in federal election law proposed by Sen.
Christopher Bond, R-Mo., wending its way through Congress and the 2002
elections looming, a race is on to close loopholes in The National Voter
Registration Act of 1993 (the Motor-Voter law) that critics say have made it
easy for non-citizens to vote.
The Motor-Voter law requires that states permit anyone who gets a driver’s
license to register to vote at the same time. Usually, applicants who
register to vote are asked to affirm, without documentation, that they are
citizens.

Forty-seven states do not require any proof of U.S. residence for enrollment.
Motor-Voter has added and continues to add millions of people to the voting
rolls.

Critics of Motor-Voter, such as the watchdog organization The United States
Border Patrol, point out that when the Sept. 11 hijackers bought their
one-way tickets to California, they identified themselves with driver's
licenses from New Jersey, Michigan, Virginia and Florida – documents that
could have gotten them voting privileges in the very nation they sought to
destroy.

Among other things, under the Bond bill there would be:


A requirement that when a person registers under provisions of the
Motor-Voter law - registers when getting a driver's license - the
registration card will at least ask if the person is a citizen and will
inform non-citizens that they may not register.

Provisional voting to allow a person not on the voting rolls to cast a vote
that will be counted if it can be proved that a clerical error kept the
person’s name off the rolls.

A bipartisan Election Administration Commission to help states and localities
comply with federal law and other matters.

Statewide registration to make it more difficult for persons to be registered
in several places and more difficult for local political organizations to
register non-citizens or non-existent people.
During the 106th Congress, Rep. Bob Stump, R-Ariz., introduced legislation to
repeal the Motor-Voter law outright as the best way to discourage the
registration and subsequent voting of non-citizens.

In 1996 Congress enacted the Illegal Immigration Reform and Immigrant
Responsibility Act, making voting by non-citizens an offense punishable by
deportation. However, Congress failed to provide a mechanism by which state
and local election officials could check on citizenship, ensuring enforcement.

Subsequently, Rep. Steve Horn, R-Calif., pushed the Voter Eligibility
Verification Act, which would have given voter registrars the ability to
eliminate non-citizen voting. Under parliamentary rules, however, the bill
was bought to the floor under circumstances requiring a two-thirds majority
to pass. It failed.

Help for Al Gore

The issue of Motor-Voter facilitating non-citizen voting came to a head in
the historic and highly contested Election 2000.

"Did non-citizens, voting last November, influence the outcome of [Election
2000]?” asked Edward Nelson of United States Border Control. "With hundreds
of thousands of non-citizens, including illegal aliens, voting throughout the
country, there is no question about it.

"The election or defeat of candidates for Congress, the U.S. Senate,
governors, mayors, city councilmen, and, yes, even the president of the
United States was influenced dramatically by non-citizens voting illegally in
U.S. elections!”

According to Nelson, Motor-Voter forced states with previously strict
voter-eligibility requirements, such as Florida and Missouri, to accept
anyone’s word that they were eligible to vote.



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