April 15, 2003 Letters
Immigration Policy The March 1 News featured a letter under the heading “Haitian Immigrants” calling on Florida lawyers to condemn INS (now replaced by the Department of Homeland Security) policy toward Haitian asylum seekers. This prompted me to write in support of the current policy as the only sane approach.In December 2001 the federal government implemented a policy of detaining Haitian asylum seekers while their claims for asylum were considered. In November 2002 the INS expanded this policy to all aliens arriving illegally in the United States by sea. Cubans constitute an exception under a 1966 law enacted by Congress.Most Haitians are found ineligible for asylum and are deported back to Haiti, if they can be located when the deportation order issues. Detention is the key, as history has shown that aliens who are released pending their immigration claims often defeat deportation by disappearing into the community.The INS announcement of the current detention policy recites concerns that perceptions of a loose immigration policy will motivate more illegal and dangerous mass migrations by sea, including large scale smuggling by organized smugglers. A policy that allows people to avoid deportation just by not showing up for the hearing will predictably have this effect.A firm immigration policy is essential to the protection of Florida’s quality of life. Florida’s population is projected to explode from 15.9 million in 2000 to 24.5 million in 2030. Despite low American birth rates, the United States population went from 203 million in 1970 to approximately 280 million today. At current immigration levels (which far exceed traditional levels) the U.S. Census Bureau projects a population of 404 million in 2050 and 571 million in 2100. This directly affects us, as a large proportion of this flood of immigration ends up in Florida.Overpopulation in Florida aggravates a host of problems, including school overcrowding, traffic congestion, environmental degradation, urban sprawl and overbuilding, and looming water shortages. Florida’s public services and social services are already badly strained, and importing more poverty will make it even worse.School overcrowding is largely fed by current extraordinary levels of immigration. Many schools are especially hard hit by a massive influx of students who can’t speak English. Schools nationwide are struggling with shortages of personnel qualified to teach a growing population of non-English speaking students.We should help the less fortunate in Haiti and elsewhere. The Miami Herald recently described a bipartisan proposal in Congress to give Haiti significant trade benefits to boost the Haitian economy. The people of Haiti also receive aid from our government. For the sake of our posterity, however, a firm immigration policy is essential.David Falstad Orlando Law School Loans I write in support of SB96 (a bill to help assistant state attorneys and public defenders pay back law school loans) sponsored by Sen. Skip Campbell as referred to in the March 1 issue of the News, particularly the quote by committee Chair Sen. Alex Villalobos: “You can’t afford to stay” and further, Sen. Rod Smith’s observation: “People come out of law school with $80,000 to $120,000 of loans; they can’t afford these jobs.”Unfortunately, while we qualify for deferrals and low income graduated payments, the interest on our student loans continues to accumulate, then capitalize and compound so that each day we work for the state, our debt increases.However, my own experience, while being mired in law school debt, may provide some insight into the mind-set of those elected officials charged with prosecution or defense. It also provides a warning to others who might dare to lobby for wage increases or contact their senators or representatives.In early 2002, when the legislature was previously working on the state budget, I exercised my rights as a citizen and made an appointment to see my local state senator to lobby for higher budgets for state attorneys and public defenders. As an assistant state attorney at the time, I first informed my state attorney and employer that I was going to lobby on behalf of all of us similarly situated, explaining that, even though the budget was in crisis, it would not always be so.In meeting with my senator, I pointed out that in my short experience as an assistant state attorney I had been impressed by the great many attorneys working in our circuit who were dedicated and driven to provide excellent legal representation either as prosecutors or defense attorneys. I indicated Florida would do well to show respect and support for those of us who do this important public interest work, and one way would be by providing excellent starting salaries and across-the-board increases to those whose tenure represents years of dedication, while at the same time lowering the very high turn-over rate among new-hires and generally improving the overall employee moral. In the alternative, we might be given assistance in paying on those huge law school debts while we accept low starting salaries.Interestingly, in less than one month after meeting with the senator, I was put on probation, and within three months I had been fired for being unable to perform my work. This, in spite of the fact that I wrote copiously on my strategy to address the state attorney’s concerns and asked for advice regarding the same. My requests for advice and consideration of my health issues went ignored as I received virtually no response from my employer, in spite of the fact that I provided medical information as to a coincidently pending diagnosis and urgent surgery for a condition that was causing severe and chronic headaches.When I asked for my termination date to be extended three days to include the date for my surgery and recovery period, my termination date was punitively back-dated by more than two weeks. Upon applying to and interviewing with the local public defender, I informed him of my termination, and while he explained the state attorney’s position is mostly political, I was not hired.My experience has informed me that, unfortunately, politics and the elected officials’ expertise at keeping payroll expenses in check, in spite of need, is the driving factor in the mind of some of those elected lawyers charged with prosecution and defense and who hold public office, certainly not whether the interests of the citizens of this state are served by lawyers dedicated to the public charge they serve and who should be fairly compensated for the work they do.Lynn W. Rhodes Bartow April 15, 2003 Regular News April 15, 2003 Letters