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[ The Atlanta Journal-Constitution: 8/4/03 ]

Honest people pay for anti-terrorism initiatives

By KAREN WEINSTOCK

After the Sept. 11 attacks, people started to look for a source to blame. Apart from the obvious terrorist organizations and Osama bin Laden, many pointed the blame toward foreigners and the immigration authorities.

The Immigration and Naturalization Service, which was previously responsible for border control and immigration, was always criticized by both the legislative branch and the public for its poor performance. However, it was only after the INS approved student visa applications for the Sept. 11 terrorists months after the attacks that a bill to abolish the INS and create the Department of Homeland Security was passed.

Now, immigration services, as well as the control of foreign citizens in the United States, are under the Bureau of Citizenship and Immigration Services, part of DHS.

Many changes designed to identify potential terrorists, keep them out of the United States and stop them from remaining here after they had already entered harm immigrants and U.S. businesses while having little or no effect on security.

For example, the U.S. State Department, which is responsible for approving visas for foreigners, added background checks and other screening methods to the visa applications, as well as a new form that contains such meaningless questions as: "Do you have any specialized skills or training, including firearms, explosives, nuclear, biological or chemical experience? If yes, please explain."

Which terrorist is going to answer "yes" to this question and then explain in detail that he had his firearms and explosives training at the "Bin Laden camp for terrorists who hate America"?

Long delays for visas

As one of the first national profiling measures, the State Department added special background checks targeting citizens or nationals of 26 predominantly Muslim countries.

These visa applicants are subjected to an additional 20-day hold to allow authorities to verify the data. Many of my clients have been stuck abroad for months while waiting for approval. That process substantially slows down U.S. businesses that employ these foreign nationals. It also affects other areas such as academic research, where renowned international researchers have had to miss a full semester.

Trying to tighten visa issuance even more, the State Department now requires a mandatory interview of most visa applicants with a consular officer. This caused long lines in almost all U.S. consulates worldwide, sometimes for months, and is expected to get worse.

The sharp drop in visa applicants has caused a slowdown in the U.S. tourism and hospitality industries as people choose Europe as their preferred destination for summer vacation. New regulations will even further restrict international students, Canadian residents and other temporary visitors to the United States, and tourists in route to Mexico or Canada. As a result, much of the international commerce and business activity, especially in states that border Canada, have been adversely affected.

Adding to the already-huge backlog in processing legal immigrant applications, a new "Interagency Border Inspection System" check is now performed for each and every name appearing on an application, including infants. The check itself is brief. However, multiple checks on each applicant and dependent caused the backlogged agency to become even more backlogged.

For example, an H-1B petition that previously took 30-60 days to process now takes four to six months, and people in their final processing stages now have to wait 2 1/2 years to receive a green card.

Special registration

Continuing its national profiling agenda, the government created one of the most controversial programs so far, the "special registration" system, known as the National Security Entry-Exit Registration System. Under NSEERS, those visiting or working in the United States who are citizens or nationals of certain countries, predominantly Arab or Muslim countries, are required to be examined, photographed and fingerprinted upon entry to the United States. If they are already in the United States, they must report to an immigration office and be interviewed, photographed and fingerprinted.

These new regulations are likely to fail, while pushing the criminals and terrorists even further underground, as honest people suffer the consequences. These honest, hardworking immigrants come here because they want a better life for themselves and their families and want to make the United States their home, making America, the largest and most successful nation of immigrants, even more successful.

Blaming foreigners for the attacks and having anti-immigrant sentiments is wrong and bad for America, not to mention that targeting foreigners while expressing primal fears should not occur in the Land of the Free.


Karen Weinstock is an Atlanta immigration attorney.

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