Amy Winehouse denied visa- A Case of Changing Values

If you listen to some people's perspectives, one would imagine that 2008 is a society filled with utter debauchery and sleaze. It isn't. Compared with the 1970's this is a time of moral righteousness. For example, the Bad News Bears was rated PG in the 1970s, while today, it would, undoubtedly, be rated R. For a far different example, we only need to turn our attention to Amy Winehouse. For those not following the story, Amy Winehouse was the breakthrough artist of 2007 and, as such, she was invited to the Grammys. Amy Winehouse is also known for more than her music, due to her frequent skirmishes with the law in England and elsewhere in Europe. As such, the United State State Department refused to grant her a visa to come to perform at the Grammys.

Now I explain this to people and they say "well, she knows the rules, so she gets what she deserves" In short, there is little sympathy. I will not take the position on whether she deserves or does not deserve sympathy, but I will suggest that we have changed our position on this matter over the years. I only have to mention three well-known names to prove my point: Paul McCartney, John Lennon and Mick Jagger. All three of whom had multiple drug busts around the world and yet all three were permitted non-immigrant visas to come to the US and perform. By today's standard, nearly every major act of the 1970's and 1980s would not be permitted to work in the United States. In an ironic twist, both Mick Jagger and Keith Richards have expressed that they have little sympathy for her troubles.

If we examine the reciprocal nature of immigration law (that is to say, that the UK and the US have mutual agreements where we allow their citizens to come here without a visa and vice versa), both Paul Simon and Art Garfunkel would be prohibited from playing in London as Paul has admitted to using marijuana recreationally (itself a bar for a visa) and with Art's arrest (with Garfunkel being arrest only a few years ago). Additionally, there is reference to Paul's arrest at a demonstration in Me and Julio Down By the Schoolyard. Anti-government protests can also be used to deny a visa. Somehow I do not think that Simon & Garfunkel are a threat to London's security.

No one questions that the United States, as a sovereign entity, has the absolute right (or in legal parlance, plenary power) to control who comes into the country. The US had an absolute right to deny Ms. Winehouse a visa and I have not heard anyone say anything to the contrary.

NICHOLS & EBERTH, PC poses the following question: is this the best use of our immigration policy? Could this dampen the artistic interdependence between: US, Canada, Australia, UK and Western Europe?

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Judge Posner makes the conservative argument for amnesty

About two years ago, immigration was a purely bi-partisan issue. McCain, along with Kennedy, put forward a very comprehensive approach that no one truly liked. It is an axiom of politics that if all sides to a debate disagree with the proposed legislation, it probably strikes the proper balance. The pro-immigration group did not like the work-permit provisions as, they argued, it fosters a permanent subclass of citizens as it has done in France. The anti-immigrant movement, which has been gaining momentum over the past few years did not like it either. The anti-immigration 'movement' seems to be directly related to the economy. As the economy is inching towards a potential recession, the sentiment has only garnered strength.

Unfortunately,there are no simple answers. It is altogether doubtful, if not logistically impossible, to deport all 11 million illegal immigrants. Further, of these so-called illegals, many of them came to the US legally and let their status lapse; a fact that seems lost on many in this country. This is highly relevant as it is demonstrative of the intellectual dishonesty that both sides engage in. Whether we like it or not, our economy is inexplicably linked to illegal immigration. Thus, it is appropriate to cite the position by Judge Posner, one of the most lauded jurists of our generation and widely regarded as the chief authority on economics and the law. Read it here.

On Immigration Politics

As a law firm dedicated to providing exemplary professional services, Nichols & Eberth, PC does not make it a point to weigh in on the side of purely political issues. Such conversations are more appropriate among friends and colleagues and are inappropriate in most circumstances. With that said, as a provider of immigration services, it is incumbent upon us to correct the mischaracterizations on immigration that is en vogue today. One of the chief purveyors of the "blame everything on the immigrants" mantra is Michelle Malkin. Many may know Mrs. Malkin from her frequent appearances on Fox News and her now famous fight with Geraldo (as seen below). However, Mrs. Malkin also peddles her vitriolic sentiments in a immigration-centric spin-off of her widely-read blog. Going forward, Nichols & Eberth, PC will take articles of hers of interest and provide a necessary rebuttal or alternative perspective on the topic. Unlike many firms that practice immigration law, Nichols & Eberth, PC does not always agree with the positions espoused by the American Immigration Lawyers Association, the chief professional organization for immigration attorneys. However in the interest of full disclosure, we do have attorneys who are members of AILA. Immigration is far too complex to have a either/or mentality on. As always, we welcome your feedback and your thoughts.

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