Olympics says no to Chicago

October 27, 2009 on 4:35 am | In Uncategorized | No Comments

The International Olympics Committee (IOC) rejected Chicago to be the next site for the 2016 Summer Olympic Games. Chicago lost its bid in the first round of voting. The U.S. President Obama’s presence at Copenhagen, didn’t make any difference. The loss may partially be assigned to the problems at immigration checkpoints routinely faced by the foreign travellers entering U.S.

Country’s strict immigration policy could have been a major issue here. One of the Committee members pointed that foreign travellers face a “rather harrowing experience” when they enter into the United States and questioned if the situation would be improved for thousands of foreigners who would enter for the Games. The President’s response to this question as reported by the media left me less than satisfied. He said, “America at its best is open to the world.” Now this may mean that we welcome everyone. But that was exactly the question from the Pakistan member of the Committee and the President failed to address it. As the nation lamented the loss of the opportunity to host Olympics, blames were assigned to whomever possible but let us consider what would become of the Olympics if Chicago was the host under the present immigration policy.

Sportsmen and women would have been denied entry if they couldn’t get through the immigration screening. So would be the organizers and the visitors coming to watch the Games. A point system seems to arbitrarily flag foreign travellers at the border for secondary and subsequent screening. Even people with exceptionally good background and no bad record can be flagged. If we would not let through the participants and others connected with the Games to freely come into the country, are we justified in hosting the world sports event?

Not surprisingly the U.S. Tourism is badly affected. Laws and other efforts to promote tourism in U.S. are underway. It should be noted that the recent bad experience of the indian movie super star, Shah Rukh Khan, who was detained because of his muslim name, was well advertised. The actor was let go after the intervention of the Indian embassy.

Frequent denials of visitor visa, high visa fees in addition to the excessively strict immigration check points at the borders do have side effects. Hopefully we learn something from all this.

Widow Penalty: Need A Quick Fix.

October 9, 2009 on 5:43 pm | In my view | No Comments

The Federal District courts of Texas and of Missouri struck down the “widow (widower) penalty” rule as it is popularly known. The cases decided were Hanford v. Napolitano, on 9/17/09 and Kells v. Napolitano, decided on 9/29/09 respectively. The government’s stand is that a foreign national spouse loses the spousal status upon the death of the marriage partner and so could not continue with the marriage based permanent residence based on marriage to the now deceased U.S. citizen. The immigration agency had been denying these applications and petitions. Sometimes even an already approved petition is reopened to issue a denial and the foreign national widow or widower is placed in deportation proceedings. All because death separated the couple before a government officer could get to and process their immigration papers. What an irony of fate!

Several Federal Circuit Courts have earlier refused to agree with the government interpretation. But the Texas and Missouri courts struck down the rule as a matter of law and dispensed with the need to go to the Board of Immigration Appeals as a preliminary to seek redress before the court.

Spousal status should not be determined by fate and is not lost by the death of one of the marriage partners. The property law as the most common example recognizes the marital rights of the widow(er) attach soon after the marriage is complete unless dissolved before death of one of the parties to the marriage. Now try explaining this to the DHS.

The courts looked at interpretation and guidance from elsewhere in the absence of a clear legal language. However, as illogocal as it may sound, the Department of Homeland Seculrity passes the blame onto the legalese and wants the Congress to amend the rules before it could shift policy stand, acting like a real adverasary here. It should however be appreciated that the Agency does not wish to continue with deportation or removal attempts in these cases for two years. Secretary Napolitano states that is the most the government could do.

Unfairness of the rule is glaring from the fact that it is either being struck down or the government policy not recognized by courts after courts. In a good democracy, neither the Congress nor the government should force the public to go to courts, repeatedly, to seek redress against its own actions. Failure to recognize and redress the injustice to the aggrieved is despicable whether the reason is preoccupation of the Congress or unwillingness of the government to change its policy. Injustice due to illogical outcomes do a great dissrevice to our society. So, it is only ideal that Congress act now to clear its own mess and help those in bereavement. The political impasse over the fate of the unlawful foreign workers is well known. But a short wise step to comfort and treat with respect those who are legally here and grieving is immediately needed.

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