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  • Eternal_Hope
    03-29 09:15 AM
    I was watching Lou Dobbs yesterday he was discussing STRIVE act being introduced in house,

    He pulled out a slide which says they bring 2 million legals every year and part of which said 400,000 H1Bs every year,

    Where does he get this number when anual quota is only 65K, can some one verify this

    I have seen him do this earlier also. I think he adds the dependants too. So, what he is saying is that with every H-1B comes 5 or 6 dependants!!!!





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  • alisa
    12-27 12:50 AM
    We need to send that message clearly and forcibly to the world. The Clear message is " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"

    Why do you want to involve the world in a matter between Pakistan and India?
    I see what you are saying. But I don't think I agree with you.
    The world probably doesn't give much of a damn about it. At the end of the day, a few million nuked and dead Pakistanis and Indians are not going to be the West's headache. They will be the headache for India and Pakistan. So, nukes DO impact the options.


    As to your second question, you never know. To be honest, I dont know...Musharraf started Kargil and they did not acknowledge even dead Pakistan soldiers. Sharif went to US and pleaded Clinton to stop the war.

    I do believe ISI's footprint is there. ISI is built on the image of CIA during cold war. They are a pretty powerful bunch with one complete victory ( against Soviets) and two successful (atleast so far) distruptive operations in Afghanistan and Kashmir. Without the big brother ISI watching, these jihadists can not move around. But I do give the benefit of doubt to Zardari's govt. The poor guy has just lost his wife. He might not have signed off on this ops.
    Thanks for your honesty.
    There was an entire non-state machinery that was built to fight the Soviets and to fight India. But the problem is, you can't dismantle it instantly.
    And this machinery is now fighting against the government in Pakistan. Remember Benazir's assassination this time last year? Do you recall the multiple assassination attempts on Musharraf? And officers of the army were behind those.

    So, if ISI is behind Bombay, I struggle to understand what it would gain from provoking India.

    The 'machinery''s motives I can understand. They are being pursued by Pakistan army and NATO forces, and by provoking India and starting a conflict on the eastern border, they would divert Pakistan army and get some relief. Plus, the more chaos in Pakistan, the better it is for them.





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  • ItIsNotFunny
    04-13 01:27 PM
    You mean to say Employer splitting the earnings with employee? I think that is legal as long as you pay uncle SAM his share (I mean taxes ):D

    My roommate/landlord is a "master hair stylist" and law abiding american citizen, He gets 40% of the revenue he generates as his salary.


    What section of law says that it is illegal to work on percentage basis .

    It is not illegal to work on percentage basis. But if employer-employee relationship is now followed the way it should be followed by law then there are issues. For example, you are not in the same medical plans as employees or your work insurance is not covered (or you are not invited in annual christmas party for employees - just kidding). Specially, labor approval procedure has heavy dependency on prevailing wages and salary offered. In percentage basis there is no salary offered. Think about it.

    There is a gray area here. You can believe it is legal because it is nowhere mentioned that it is illegal. The certifying officer may believe that it is illegal because it is nowhere mentioned that it is legal.





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  • unitednations
    03-24 03:23 PM
    UN,

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.



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  • learning01
    05-24 10:20 AM
    I had same thoughts today, as I did a few months ago in my post in this forum.
    Let's ignore quoting Lou here (don't quote the devil). Let the Ad industry be happy with him. His audience reach has climbed from 400k to 900k because of his immigration rant. I guess he will land with a thud once this dust settles down.
    He is just using this to play illegals vs legals. If you watch his lousy program, he is constantly ranting that this CIR bill will increase immigration by 100 million plus in the next few years. Some time back he also said that the CIR is a covert operation to increase H1Bs and legal immigration, not just about illegal immigrants. You can tune out what Lou says, he's doing what he can to improve his ratings.





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  • Rolling_Flood
    08-05 07:28 AM
    red, green, blue, pink............whatever the color may be!!

    I just need to hear honest replies from EB2 filers. If you are afraid to speak up, please send me a message and we can work this behind the scenes.

    Thanks again.



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  • nogc_noproblem
    08-05 02:25 PM
    Due to inherit a fortune when his sickly, widower father died ...

    ... Charles decided he needed a woman to enjoy it with. Going to a singles' bar, he spotted a woman whose beauty took his breath away.

    "I'm just an ordinary man," he said, walking up to her, "but in just a week or two, my father will die and I'll inherit 20 million dollars."

    The woman went home with Charles, and the next day she became his stepmother.

    ... when will men ever learn!





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  • Macaca
    05-27 06:06 PM
    In December, KPMG was retained by China Integrated Energy, which claimed to be a leader in the production of biodiesel. Just hiring a Big Four auditor enabled it to raise $24 million from institutional investors in the United States. Three months later, KPMG certified the financials.

    Six weeks after that, KPMG repudiated the report and resigned. By then, China Integrated Energy executives had refused to cooperate with a board investigation into claims that the company was a complete fraud.

    The Chinese audit firms, while they are affiliated with major international audit networks, have never been inspected by the Public Company Accounting Oversight Board in the United States. The Sarbanes-Oxley Act requires those inspections for accounting firms that audit companies whose securities trade in the United States, but China has refused to allow inspections.

    In a speech at a Baruch College conference earlier this month, James R. Doty, chairman of the accounting oversight board, called on the major firms to �improve preventative global quality controls,� but said that actual inspections were needed.

    Two weeks ago, Chinese and American officials meeting in Washington said they would try to reach agreement �on the oversight of accounting firms providing audit services for public companies in the two countries, so as to enhance mutual trust.�

    Frauds and audit failures can, and do, happen in many countries, including in the United States. But the audacity of these frauds, as well as the efforts to intimidate auditors, stand out. If investors such as Goldman Sachs and Hank Greenberg cannot fend for themselves, something more needs to be done if Chinese companies are to continue to trade in American markets.


    Corporate China's political shadows (http://www.guardian.co.uk/commentisfree/2011/may/22/corporate-china-political-shadows) By Isabel Hilton | Guardian
    The Truth about the Three Gorges Dam (http://blogs.cfr.org/asia/2011/05/24/the-truth-about-the-three-gorges-dam/) By Elizabeth C. Economy | Council on Foreign Relations
    AIDS Funds Frozen for China in Grant Dispute (http://www.nytimes.com/2011/05/21/world/asia/21china.html) By SHARON LaFRANIERE | New York Times
    Kicking the Great Firewall (http://the-diplomat.com/china-power/2011/05/25/kicking-the-great-firewall/) By Mu Chunshan | The Diplomat

    China opens doors to despots with series of pariah state visits (http://www.independent.co.uk/news/world/asia/china-opens-doors-to-despots-with-series-of-pariah-state-visits-2289723.html) By Clifford Coonan | Independent
    Ai Weiwei's Zodiac heads
    It's political (http://www.economist.com/blogs/prospero/2011/05/ai_weiweis_zodiac_heads)
    The Economist
    China�s jasmine crackdown and the legal system (http://www.eastasiaforum.org/2011/05/26/china-s-jasmine-crackdown-and-the-legal-system/) By Donald C. Clarke | George Washington University Law School



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  • alterego
    09-27 09:04 PM
    The Nov. bulletin will very much depend on whether the USCIS has completed their inventory evaluation process or not. If not then it will be a reprint of the Oct. Bulletin, if they have then I anticipate good EB2 I movement and fair EB3 I movement. EB3 ROW should see more gradual movement.





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  • delax
    07-13 01:27 PM
    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)

    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any split will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.



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  • Sakthisagar
    07-28 03:27 PM
    Frankly he has a lot more serious problems to worry about than our issues. from the backlog, we are around 0.25 million and you have 300 million people in this country and 10% of them unemployed. So yeah, blame him all you want but any sane politician in his position would do the same.

    Let's consider this for example. Imagine you were in India and you had a few 100,000 decently skilled immigrants from some other country, who were waiting for their green card. Now you are the PM and you have to choose your focus between fighting terrorism, fighting inflation, high budget deficits with healthcare costs, high unemployment rate or giving green cards to these 100,000 people. I would think there would be a lot of pissed off countrymen in India who would scream at you when you are ignoring real issues and focussing instead on giving green cards to foreigners especially when you already have a sky high unemployment rate. Wouldn't be a great political strategy, would it? But maybe you would still do it, perhaps if you have a vested interest in getting it done.

    Still, next year you can bet that he'll do something on immigration since the states have started legislating on their own now and they can't afford this to continue.


    hahaha If one is a PM of India??? woooooh that will be funny, any PM will ask the permission of Madam the congress president What to do? and whatever uneducated madam says that will be done., dont ever ever dare to compare India and USA. dont compare apple with oranges.

    And the President should never wait for Illegal immigrants to pass Legal Immigration. In USA immigration means it is Legal. not illegal. He is playing politics with every one. Please understand that. The US unemployment on Tech sector is only around 3 % that is not a big issue. They can very well give EB immigrants green card. If you are fascinated or halloweened by The Presidents personality no one can help you. Like in India people blindly worship their party leaders or PM or Madam for that matter.





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  • sanju
    12-17 04:05 PM
    Since everyone is posting what they want, I guess I can also just post anything here....



    GAWilA_mkoQ




    .



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  • shsk
    07-13 01:42 AM
    I am in for it, a very great initiative.
    But would request to check with IV first on this





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  • sledge_hammer
    03-24 02:44 PM
    Okay, sorry if I wrote H-1B. But the "perm" job requirement is for GC.

    I kind of mixed the H-1B requirement and GC requirement.

    But, the question remains and USCIS needs to clarify what is perm and temp jobs for the purpose of GREEN CARD.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : What is an H-1B?

    The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

    As per USCIS, H1B is for temporary job



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  • number30
    03-26 06:09 PM
    What ended up happening? Did he refile?

    Also, in that situation, if he had managed to get an offer letter from a third company, would the USCIS have then okayed it?

    No He went back to India and came with new H1. It was two weeks short of 180 days. He could not use the AC-21. He has applied with Labor from different employer and case is stll pending. Murthy handled his case.





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  • pns27
    07-14 02:45 AM
    Dude, you are one confused person.........whats the point here??
    EB-3 India is somehow "special" and all you whiners in EB-3 India should get your GCs before EB-2 folks becuase blah blah blah........WHAT???

    are you insane?? you make no sense in your argument.

    Numbers fall as EB1--> EB2 --> EB3.

    Dont like it, go get an education and/or an EB-2 level job. Else shut up. You have nothing to say.

    Duoo�de chillout, why are you shutting at me? I don�t have any beef with you. I am just making my point here. which is, each EB group gets equal quota of 33.33%. And there in no preference or priority given how many visas are issued in the annual quota. The preference is only in the spillover.

    Coming to my case, I have Bachelors in Engineering and Masters in Computer scinces form US. My company�s HR and Attorney then in 2002 decided and filed my case in EB3 even though I and my Job qualify for EB2 ( I was not working for desi company when I filed my CG, I still work with the same company) my PD is June 2002. I am happy and comfortable in the company, they pay well. Not having CG did not any stop my growth here. I Have no complaints for my situation and I am not blaming any one for my plight and the choices I have made and I stand by with them.

    See I am to close to getting my GC so me changing to another company to change to EB2 when everything is working great for me is not a good idea.

    Friend Rolling_Flood you take it easy now, no need to get exited.



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  • aachoo
    03-24 02:21 PM
    I'm sure you meant Larry David ;)

    I am not sure which season this was from. If it was before season 7 (?) I bow to your superior knowledge.
    -a





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  • sanju
    05-17 10:21 AM
    Behave like a high skilled person. Do not use bad words just because someone is against your opinion. Again if you use everything is appilcable to you. That means you are losing track and you do not have valid argument. You do not have sense that this thread is not for discussion for gc. This thread is about the H1b issue and Durbin bill. This my last reply for you. I will ignore you hereafter if you behave like this. I wasted my time for replying you. So you also do not reply my arguments.

    Whow! Whow! Whow! Why didn’t I see this coming? So now it is ok to support bills that will screw-up lives of millions of hard working people and their families, who have done thing wrong. But it is not ok to reply people like yourself. Ohh! I did not realize that. I am so so so so sorry to hurt you…. Idiot

    You are the winner of today’s trophy to be the worst person in the world.





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  • unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.





    desi3933
    07-08 07:38 AM
    This is what I found in my research so far.
    "Any out of status is ERASED after re-entry in the USA. For employment related I-485 application, out of status is counted ONLY after last entry and out of status upto 180 days is forgiven under section 245(k). Section 245(k) applies to ALL employment based I-485."

    Section 245(k) is the BIGGEST difference between employment based I-485 and family based I-485
    but I couldn`t find more about section 245 .I searched USCIS site.I don`t know what will get through the officer`s head.

    If you are using quote from my post, may be you should mention that. Also, Please understand that issue becomes more complex when one files for more than one I-485 application.

    Please consult a good attorney ASAP.

    Here are details on 245(k) --
    For purposes of section 245(k), an alien may adjust under section 245(a) as long as the alien, as of the date of filing of I-485 application, has not violated status, has not engaged in unlawful employment, and has not had any violations of the terms and conditions of nonimmigrant admission, for a period in excess of 180 days in the aggregate subsequent to the alien's last admission under which he/she is presently in the United States.


    _____________________
    Not a legal advice.





    485Mbe4001
    10-01 05:25 PM
    http://www.ontheissues.org/2008/Barack_Obama_Immigration.htm


    Barack Obama on Immigration
    Democratic nomine for President; Junior Senator (IL)

    America has nothing to fear from today's immigrants
    For all the noise and anger that too often surrounds the immigration debate, America has nothing to fear from today's immigrants. They have come here for the same reason that families have always come here--for the hope that in America, they could build a better life for themselves and their families. Like the waves of immigrants that came before them and the Hispanic Americans whose families have been here for generations, the recent arrival of Latino immigrants will only enrich our country.
    Source: Obama & McCain back-to-back speeches at NALEO Jun 28, 2008

    We need comprehensive reform, like McCain used to support
    Senator McCain used to offer change on immigration. He was a champion of comprehensive reform, and I admired him for it. But when he was running for his party's nomination, he walked away from that commitment and he's said he wouldn't even support his own legislation if it came up for a vote.
    If we are going to solve the challenges we face, you need a President who will pursue genuine solutions day in and day out. And that is my commitment to you.

    We need immigration reform that will secure our borders, and punish employers who exploit immigrant labor; reform that finally brings the 12 million people who are here illegally out of the shadows by requiring them to take steps to become legal citizens We must assert our values and reconcile our principles as a nation of immigrants and a nation of laws. That is a priority I will pursue from my very first day.

    Source: Obama & McCain back-to-back speeches at NALEO Jun 28, 2008

    Recognize the humanity of immigrants: Todos somos Americanos
    Ultimately, the danger to the American way of life is not that we will be overrun by those who do not look like us or do not yet speak our language. The danger will come if we fail to recognize the humanity of [immigrants]--if we withhold from them the opportunities we take for granted, and create a servant class in our midst.
    More broadly, the danger will come if we continue to stand idly by as the gap between Wall Street and Main Street grows, as Washington grows more out of touch, and as America grows more unequal. Because America can only prosper when all Americans prosper--brown, black, white, Asian, and Native American. That's the idea that lies at the heart of my campaign, and that's the idea that will lie at the heart of my presidency. Because we are all Americans. Todos somos Americanos. And in this country, we rise and fall together.

    Source: Obama & McCain back-to-back speeches at NALEO Jun 28, 2008

    GovWatch: Anti-immigrants fuel xenophobia, but 45% increase
    Barack Obama said at a Palm Beach fundraiser on May 22, "A certain segment has basically been feeding a kind of xenophobia. There's a reason why hate crimes against Hispanic people doubled last year. If you have people like Lou Dobbs and Rush Limbaugh ginning things up, it's not surprising that would happen."
    Obama needs to be more careful in his use of statistics. If he is going to blame Lou Dobbs and Rush Limbaugh for "ginning up" hate crimes against Hispanics, he needs solid data to back up his allegation. The hate crimes statistics are wildly inaccurate--and a subsequent modified claim provided by his campaign was also off the mark.

    Lou Dobbs of CNN has repeatedly made use of flawed statistics, but there is no excuse for resorting to equally flawed data to attack Dobbs and his ilk. Hate crime offenses against Latinos rose from 529 in 2003 to 770 in 2006, a total increase over three years of about 45% [not even closed to double].

    Source: GovWatch on 2008: Washington Post analysis Jun 4, 2008

    Encourage every student to learn a second language
    Q: Is there any down side to the US becoming a bilingual nation?
    A: It is important that everyone learns English and that we have that process of binding ourselves together as a country. Every student should be learning a second language, because when you start getting into a debate about bilingual education, for example, now, I want to make sure that children who are coming out of Spanish-speaking households had the opportunity to learn and are not falling behind. If bilingual education helps them do that, I want to give them the opportunity. But I also want to make sure that English-speaking children are getting foreign languages because this world is becoming more interdependent and part of the process of America's continued leadership in the world is going to be our capacity to communicate across boundaries, across borders, and that's something frankly where we've fallen behind. Foreign languages is one of those areas that I think has been neglected. I want to put more resources into it.

    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Need to look at different aspects of immigration reform
    We need stronger border security. We are cracking down on employers that are taking advantage of undocumented workers because they can't complain if they're not paid a minimum wage and not getting overtime. Worker safety laws are not being observed. We have to make sure that doesn't lead to people with Spanish surnames being discriminated against. We have to require that undocumented workers go to the back of the line, so that they are not getting citizenship before those who have applied legally.
    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Have border patrolled, surveillance, and deploy technology
    Q: Do you think your vote on the border fence or the implementation of it was wrong?
    A: The key is to consult with local communities, whether it's on the commercial interests or the environmental stakes of creating any kind of barrier. The Bush administration is not real good at listening. I will reverse that policy. There may be areas where it makes sense to have some fencing. Having border patrolled, surveillance, deploying effective technology, that's going to be the better approach.

    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Increasing the legal fees on immigrants is not helping
    It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees, so that if you've got a hard working immigrant family, they've got to hire a lawyer; they've got to pay thousands of dollars in fees. They just can't afford it. It's discriminatory against people who have good character, but don't have the money. We've got to fix that. We have to improve our relationship with Mexico and work with the Mexican government so that their economy is producing jobs on that side of the border. The problem is that we have had an administration that came in promising all sorts of leadership on creating a US-Mexican relationship. Bush dropped the ball. He has been so obsessed with Iraq that we have not seen the kinds of outreach and cooperative work that would ensure that the Mexican economy is working not just for the very wealthy in Mexico, but for all people.
    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008

    Deporting 12 million people is ridiculous and impractical
    The American people want fairness, want justice. They recognize that the idea that you're going to deport 12 million people is ridiculous, that we're not going to be devoting all our law enforcement resources to sending people back. But what they do also want is some order to the process. We're not going to be able to do these things in isolation. We're not going to be able to deal with the 12 million people who are living in the shadows and give them a way of getting out of the shadows if we don't also deal with the problem of this constant influx of undocumented workers. That's why comprehensive reform is so important. Something that we can do immediately that is very important is to pass the Dream Act, which allows children who through no fault of their own are here but have essentially grown up as Americans, allow them the opportunity for higher education. I do not want two classes of citizens in this country. I want everybody to prosper. That's going to be a top priority.
    Source: 2008 Democratic debate at University of Texas in Austin Feb 21, 2008
    and so on .....



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