Laws Need to be Re-examined Often

An ideal democracy is a system of Government in which the weakest minority has the same voice as the strongest majority. 

I received the following comment in response to my weblog post about the 15 women who were fired recently from a Detroit meatpacking plant for attending an immigrant rights protest. My response is below Jennifer's * comment.

They were fired "for standing up for their rights," Herrada said.
If they are citizens, they had no need to stand up for thier rights.
If they are illegal ( undocumented) or whatever PCs call them these days, then .. They have no rights to stand up for.... except the right to go back where they came from and try to enter legally.
Many people , legal, or otherwise have lost jobs for playing hooky. This is not new. And if these people didn't show up where they were needed, when they were supposed to be there... well then... what can I say. They had a choice.
--- Jennifer

Dismissing this situation by referring to it as 'playing hooky' is like calling football a game of catch. These women were most likely fired for exercising a political opinion about the new undocumented alien guest-worker proposal, with which the owner of the plant obviously did not agree. 

These 15 women, along with the other protesters, are exercising certain 'unalienable rights' (remember that term?) contained within the Constitution, which also, by the way, does extend a degree of protection to undocumented aliens. A peaceful protest is a type of 'release valve', the value of which is recognized by most people and all political scientists. These gatherings are obviously much preferable to violent outbursts and certainly more effective at publicizing and changing unjust laws. 

In reference to the undocumented alien question: laws need to be re-examined often. Just because a law is 'on the books' does not necessarily make it just or unchangeable. Laws which become outdated must be either amended or eliminated. For example, your right to vote as a woman, which you probably take for granted, did not exist until someone 'played hooky' and entered into peaceful protests in the Women's Suffrage movement. Others who were not directly affected by the law, and who didn't 'need' to join did so regardless, because it was the right thing to do.

I am sure you would refer to that movement and the 15th and 19th Constitutional Amendments which it helped create as positive developments in our history. However, at the time, many detractors disgustedly referred to Suffragists as 'troublemakers who needed to get back in the kitchen'. One senator predicted that "disaster and ruin would overtake the nation." Another Representative argued that approving such a measure would "cause irreparable damage at great expense to the state." 

We have insufficient, ineffective and unjust laws regulating the lives of 11-12 million people in America. However, we have been given an opportunity to raise our voices to defend those who have no voice of their own. They must be extended rights and allowed to contribute to this country through a reasonable fine ($2000 has been proposed) and their share of income taxes. We can use the tens of billions of dollars they will happily provide the Government each year to strongly supplement financing for border security, health care programs and education. We also need them to strengthen our economy by performing jobs Americans don't want, expanding our industrial infrastructure and combating the outsourcing of manufacturing jobs to China. The only other alternative is to allow the unchecked exploitation of these people's labor while pretending that we have the physical ability and funds to find/deport/remove all of these people. 

An ideal democracy is a system of Government in which the weakest minority has the same voice as the strongest majority. A great many people have received assistance in crossing the bridge to the American Dream but are now frantically burning and cutting away at it to prevent others from crossing. I urge all of you reading to spend several hours investigating the facts and history surrounding the undocumented alien question. There is no doubt in my mind that the guest-worker program endorsed by the President and the 'earned legalization' proposal are the best solutions to this problem for both sides. 


* Commenter's name has been changed.

Travel Abroad With Previously Stamped H-1B Visa

Hi Ashwin,
Is travel abroad possible based on a previously stamped H-1B visa?
Bijay P.


Hi Bijay,

The legacy INS Memorandum from Michael A. Pearson, Executive Assoc. Comm'r, Office of Field Operations (January 29, 2001) states that an H-1B beneficiary is admissible at a port of entry even if he or she is no longer working for the original petitioner, provided that the following conditions are met: 
1. The applicant is otherwise admissible;

2. The applicant, unless exempt under 8 CFR §212.1, §1212.1, is in possession of a valid, unexpired passport and visa (including a valid, unexpired visa endorsed with the name of the original petitioner);

3. The applicant establishes to the satisfaction of the inspecting officer that he or she was previously admitted as an H-1B or otherwise accorded H-1B status. If a visa exempt applicant is not in possession of the previously issued Form I-94, Arrival/Departure Record, or a copy of the previously issued I-94, the applicant may present a copy of the Form I-797, Notice of Action, with the original petition's validity dates; and 

4. The applicant presents evidence that the new petition was filed timely with the Service Center, in the form of a dated filing receipt, Form I-797, or other credible evidence of timely filing. In order to be a timely filing, the petition must have been filed prior to the expiration of the H-1B's previous period of admission. The burden of proof is on the applicant to show that he or she is admissible as an H-1B and eligible for visa portability provisions described in AC21. Please ensure that you collect all proper documentation prior to utilizing this process. In addition, you should obtain a letter from your current employer certifying that they are aware of your trip. If possible, consult an attorney for details concerning your specific case.


Driver's License Issuance

Dear Ashwin,
I'm interested in obtaining a driver's license, however, I believe I may be out of status. How do I find out whether I am eligible and what I need to bring to get a driver's license? 
Ronaldo


Hi Ronaldo,
Click here for more information about Driver's License Issuance.



Change of Address

Hi Ashwin,
I'm planning to change my address, I heard that I need to contact the INS and let them know? 
Chandra


Hi Chandra,
All aliens changing their address must complete and file a form AR-11 and send it to one of the two addresses below: 
U.S. Department of Homeland Security
USCIS
Change of Address
P.O. Box 7134
London, KY 40742-7134

For commercial overnight or fast freight services, only: 

U.S. Department of Homeland Security
USCIS
Change of Address
1084-I South Laurel Road
London, KY 40744 

Thanks,

Ashwin