"To what purpose are powers limited, and to what purpose is that limitation committed to writing,
if these limits may, at any time, be passed by those intended to be restrained?"
-- Chief Justice John Marshall, Marbury v. Madison, 1803

We Don’t Take Visa

by Lee

Back on December 19 I blogged on the INS roundup of Middle Eastern men who had expired visas.  I thought it was a great idea, and I’m glad to see that the INS hasn’t stopped there.

 Nearly 70 foreign-born security guards and drivers working at or around the Super Bowl were arrested by immigration agents in a three-month operation designed to ensure the safety of fans, authorities said Friday.

As part of “Operation Game Day,” the U.S. Immigration and Naturalization Service arrested 45 security guards and 24 cab drivers. Of those, 34 had prior criminal convictions.

The probe targeted workers in industries operating in and around Qualcomm Stadium who have access to restricted areas.

“In the aftermath of 9-11, our priority is to examine areas that pose the highest security threat and take appropriate action,” said Adele J. Fasano, director of the INS’ San Diego district. “We are fully committed to using all of our investigative resources to ensure the safety of our community.”

So, in other words, the INS is actually enforcing US immigration law.  You’d think an immigration lawyer would understand that, right?  Check this out.

INS agents arrested Anthony Ajayi, a Nigerian-born British citizen who has an expired visa, at his place of business, a private security company.  His lawyer said the following:

“The Super Bowl sweep is a great idea in its general concept. The problem is the way the INS goes about it. They pretty much pick up any person who’s overstayed their visa whether or not they’re a security risk,” said Mansfield, a Temecula-based immigration rights attorney.

“I’m all for combatting terrorism but I also think the moment we start infringing on individual rights, that’s the moment we need to be concerned,” he said.

Translation:  I’m all for fighting the war on terror in principle, but I really don’t want the government to actually do anything.  Besides, the INS should be able to use magic fairy dust and determine immediate who the bad visa violators are and leave the harmless visa violators, like my client, alone.  He’s not a risk to anyone, so even though he’s in the country illegally we should leave him be, because he’s not a terrorist.

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