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NEW YORK TIMES:

 

U.S. Military Will Offer Path to Citizenship

February 15, 2009

By JULIA PRESTON

http://www.nytimes.com/2009/02/15/us/15immig.html?ref=us

Stretched thin in Afghanistan and Iraq, the American military will begin recruiting skilled immigrants who are living in this country with temporary visas, offering them the chance to become United States citizens in as little as six months.

 

Immigrants who are permanent residents, with documents commonly known as green cards, have long been eligible to enlist. But the new effort, for the first time since the Vietnam War, will open the armed forces to temporary immigrants if they have lived in the United States for a minimum of two years, according to military officials familiar with the plan.

 

Recruiters expect that the temporary immigrants will have more education, foreign language skills and professional expertise than many Americans who enlist, helping the military to fill shortages in medical care, language interpretation and field intelligence analysis.

 

"The American Army finds itself in a lot of different countries where cultural awareness is critical," said Lt. Gen. Benjamin C. Freakley, the top recruitment officer for the Army, which is leading the pilot program. "There will be some very talented folks in this group."

 

The program will begin small - limited to 1,000 enlistees nationwide in its first year, most for the Army and some for other branches. If the pilot program succeeds as Pentagon officials anticipate, it will expand for all branches of the military. For the Army, it could eventually provide as many as 14,000 volunteers a year, or about one in six recruits.

 

About 8,000 permanent immigrants with green cards join the armed forces annually, the Pentagon reports, and about 29,000 foreign-born people currently serving are not American citizens.

 

Although the Pentagon has had wartime authority to recruit immigrants since shortly after the Sept. 11 attacks, military officials have moved cautiously to lay the legal groundwork for the temporary immigrant program to avoid controversy within the ranks and among veterans over the prospect of large numbers of immigrants in the armed forces.

 

A preliminary Pentagon announcement of the program last year drew a stream of angry comments from officers and veterans onMilitary.com, a Web site they frequent.

 

Marty Justis, executive director of the national headquarters of the American Legion, the veterans' organization, said that while the group opposes "any great influx of immigrants" to the United States, it would not object to recruiting temporary immigrants as long as they passed tough background checks. But he said the immigrants' allegiance to the United States "must take precedence over and above any ties they may have with their native country."

 

The military does not allow illegal immigrants to enlist, and that policy would not change, officers said. Recruiting officials pointed out that volunteers with temporary visas would have already passed a security screening and would have shown that they had no criminal record.

 

"The Army will gain in its strength in human capital," General Freakley said, "and the immigrants will gain their citizenship and get on a ramp to the American dream."

 

In recent years, as American forces faced combat in two wars and recruiters struggled to meet their goals for the all-volunteer military, thousands of legal immigrants with temporary visas who tried to enlist were turned away because they lacked permanent green cards, recruiting officers said.

 

Recruiters' work became easier in the last few months as unemployment soared and more Americans sought to join the military. But the Pentagon, facing a new deployment of 30,000 troops to Afghanistan, still has difficulties in attracting doctors, specialized nurses and language experts.

 

Several types of temporary work visas require college or advanced degrees or professional expertise, and immigrants who are working as doctors and nurses in the United States have already been certified by American medical boards.

 

Military figures show that only 82 percent of about 80,000 Army recruits last year had high school diplomas. According to new figures, the Army provided waivers to 18 percent of active-duty recruits in the final four months of last year, allowing them to enlist despite medical conditions or criminal records.

 

Military officials want to attract immigrants who have native knowledge of languages and cultures that the Pentagon considers strategically vital. The program will also be open to students and refugees.

 

The Army's one-year pilot program will begin in New York City to recruit about 550 temporary immigrants who speak one or more of 35 languages, including Arabic, Chinese, Hindi, Igbo (a tongue spoken in Nigeria), Kurdish, Nepalese, Pashto, Russian and Tamil. Spanish speakers are not eligible. The Army's program will also include about 300 medical professionals to be recruited nationwide. Recruiting will start after Department of Homeland Security officials update an immigration rule in coming days.

 

Pentagon officials expect that the lure of accelerated citizenship will be powerful. Under a statute invoked in 2002 by the Bush administration, immigrants who serve in the military can apply to become citizens on the first day of active service, and they can take the oath in as little as six months.

 

For foreigners who come to work or study in the United States on temporary visas, the path to citizenship is uncertain and at best agonizingly long, often lasting more than a decade. The military also waives naturalization fees, which are at least $675.

 

To enlist, temporary immigrants will have to prove that they have lived in the United States for two years and have not been out of the country for longer than 90 days during that time. They will have to pass an English test.

 

Language experts will have to serve four years of active duty, and health care professionals will serve three years of active duty or six years in the Reserves. If the immigrants do not complete their service honorably, they could lose their citizenship.

 

Commenters who vented their suspicions of the program on Military.com said it could be used by terrorists to penetrate the armed forces.

 

At a street corner recruiting station in Bay Ridge in Brooklyn, Staff Sgt. Alejandro Campos of the Army said he had already fielded calls from temporary immigrants who heard rumors about the program.

 

"We're going to give people the opportunity to be part of the United States who are dying to be part of this country and they weren't able to before now," said Sergeant Campos, who was born in the Dominican Republic and became a United States citizen after he joined the Army.

 

Sergeant Campos said he saw how useful it was to have soldiers who were native Arabic speakers during two tours in Iraq.

 

"The first time around we didn't have soldier translators," he said. "But now that we have soldiers as translators, we are able to trust more, we are able to accomplish the mission with more accuracy."

 


 
CONFIDENTIALLY AND ATTORNEY/CLIENT PRIVILEGE NOTICE

This email may contain confidential and attorney/client privileged information. If you are not the intended recipient (or have received this e-mail in error) please notify the sender immediately and destroy this email. Any unauthorized copying, disclosure or distribution of the material in this email is strictly forbidden.

Law Office of Joy Anderson, LLC
Criminal, Family & Immigration  
Eatontown Executive Center
One Main Street, Suite 202
Eatontown, NJ 07724
Telephone:    732 935 0666
Fax: 732 935 0670

Web site: JoyAndersonLaw.com

Member:    American Immigration Law Association;  American Trial Lawyers of America; Association of Criminal Defense Lawyers of New Jersey; Association of Black Women Lawyers;  New Jersey State Bar Association; Monmouth County Bar Association; American Bar Association & Trustee for the Caribbean Bar Association; The Haydn Proctor American Inn of Court and Superior Court of New Jersey, Monmouth Vicinage Minority Concerns Committee .


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CELL PHONE USE WHILE DRIVING A MOTOR VEHICLE - NJ LAW
 

On 11/2/07, the Governor signed into law an amendment to NJSA 39:4-97.3 which makes the use of a cell phone by a person who is operating a motor vehicle a primary offense. This means police may effect a motor vehicle stop upon viewing this violation. The amended statute also makes it an offense to “text message” while driving. Finally, the amended statute provides that when the cell phone law is utilized as part of a plea and sentence agreement in municipal court, the same penalties and $250 surcharge that is required for unsafe operation of a motor vehicle under NJSA 39:4-97.2 shall apply. Moreover, a conviction for the cell phone offense will count as a prior conviction of unsafe operation of a motor vehicle. The amended law will go into effect on April 1, 2008.

 A copy of the amended statute follows. The amended language is underlined.

 Be It Enacted by the Senate and General Assembly of the State of New Jersey:

      1.  Section 1 of P.L.2003, c.310 (C.39:4-97.3) is amended to read as follows:

     1.  a.  The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle.  For the purposes of this section, an “electronic communication device” shall not include an amateur radio.

     b.  The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:

     (1)  The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or

     (2)  The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs.  A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.

     As used in this act, "hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

     "Use" of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone , text messaging, or sending an electronic message via the wireless telephone or electronic communication device.

     c.  [Enforcement of this act by State or local law enforcement officers shall be accomplished only as a secondary action when the operator of a motor vehicle has been detained for a violation of Title 39 of the Revised Statutes or another offense] Deleted by amendment, P.L.    , c.    (2[now]2 pending before the Legislature as this bill).

     d.  A person who violates this section shall be fined $100.

     e.  No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

     f.  The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.

     g.  Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.  

(cf: P.L.2003, c.310, s.1)

 

     2.  Section 3 of P.L.2003, c.310 (C.39:4-97.5) is amended to read as follows:

     3.  This act supersedes and preempts all ordinances of any county or municipality with regard to the use of a wireless telephone or electronic communication device by an operator of a motor vehicle.

      3.  This act shall take effect on the first day of the fourth month following enactment.

 

 
CONFIDENTIALLY AND ATTORNEY/CLIENT PRIVILEGE NOTICE

This email may contain confidential and attorney/client privileged information. If you are not the intended recipient (or have received this e-mail in error) please notify the sender immediately and destroy this email. Any unauthorized copying, disclosure or distribution of the material in this email is strictly forbidden.

Law Office of Joy Anderson, LLC
Criminal, Family & Immigration  
Eatontown Executive Center
One Main Street, Suite 202
Eatontown, NJ 07724
Telephone:    732 935 0666
Fax: 732 935 0670

Web site: JoyAndersonLaw.com

Member:    American Immigration Law Association;  American Trial Lawyers of America; Association of Criminal Defense Lawyers of New Jersey; Association of Black Women Lawyers;  New Jersey State Bar Association; Monmouth County Bar Association; American Bar Association & Trustee for the Caribbean Bar Association; The Hagdn Proctor American Inn of Court and Superior Court of New Jersey, Monmouth Vicinage Minority Concerns Committee .




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