Tuesday, May 14, 2013

Second Day Major Revisions To Immigration Reform Senate


Hardest Part Is Today!

Washington D.C. - The Senate Judiciary Committee continues to mark up the document which took eight senators several years to create.  The Senate will continue it's overview of S.744.

This section deals with Title Four, mostly relating to non-immigrant visas.  This section of the new immigration law will affect non-immigrant, temporary visas, especially relating to high and less skilled workers, as well as programs to encourage investment and growth.

How should the U.S. create a competitive business climate?  How can we prevent the undermining of workers rights?  How can we protect existing workers?  How can we best foster new growth and innovation as a world leader?

At the heart of the issue is how the U.S. can supply the expected need for immigrant workers without placing existing workers at risk. While it is important to insure basic wage rates remain fair, it is also important to meet the technological and labor challengers of the nation as the baby boom heads for retirement. 

 It is difficult to set exact levels for visas because no one can predict our future needs exactly.  At some points the economy expands, then contracts, with each cycle requiring more or fewer workers.  Whatever system is proposed should keep this goal in mind.

Border Agent Found Not Guilty

Luis Fonseca is a border agent for the Imperial Beach, CA branch of the Border Patrol.  Fonseca was processing an immigrant, Adolfo Cejas Espinoza, in the Imperial Branch Office.  At one point, Fonseca approaches Cejas and allegedly knees him, strangles him then kicks him.

Apparently, the security camera at the BP office is not monitored.  No one seemed to know anything about the alleged abuse.  However, after Cejas was deported, he was arrested attempting to cross the border.  At the time of the arrest, he was interviewed and conveyed an incredible story about the strangling and kneeing by Agent Fonseca.

After reviewing the case, in a rare moment of protecting immigrants in custody, the U.S. Attorney's office filed charges.  Fonseca went to trial and was found NOT guilty.  The jury relied upon medical evidence by a doctor, along with other agents who indicated Fonseca was doing as he was trained to do.

Fonseca During Trial

Always under the law, there is a difference between "not guilty" and "innocent".  A not guilty verdict means the jury fulfilled it's duty to construe the evidence in the most favorable light of the defendant.  All defendants have this basic right.  Fonseca claimed Adolfo Cejas failed to follow basic commands and he had to nip the problem in the bud immediately to continue control.  However, that does not mean they are innocent of the crime.  It only means there was not enough evidence to convict them.

The Border Patrol is under scrutiny for abusive tactics.  Immigrants have been reporting incidents of being roughed up by patrol agents for years.  Rarely is there a camera in the field to catch abuses.  Moreover, some in the Border Patrol maintain kneeing and body blows are appropriate to maintain control of prisoners. Perhaps they are right.  As far as we know, water torture is still considered "non-torture" for the lost souls in Guantanamo Bay, Cuba.  In comparison, Fonseca's Actions are child's play.

More likely, the U.S. must set it's policy on how we treat people we are going to export to another land.  If they feel they were fairly treated, if they feel they got a fair shake, most return without ill feelings.  However, those who return to their homelands with a grudge against the U.S. become potential terrorist recruits.  That is why not forcing immigrants into long and painful poses, or delivery body blows or even choking the person, are important factors in the war against the next suicide bomber.


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