Just thought I'd post this on here for your thoughts:
Guest commentary: New INS rules would dissuade part-time residents
Naples News - Sunday, April 21, 2002
By NORMA VINCENT and MONIKA LUDWIG, Special to the Daily News
Be careful what you wish for. We wanted laws to better protect us in the wake of Sept. 11, and our government has reacted. Recent changes in Florida law and newly proposed changes to immigration regulations, however, while arguably doing little to deter terrorism, may have the unintended effect of presenting European part-time residents with the final straw in the bundle of reasons why they should spend their time and their money in Spain instead of Florida.
Many foreign visitors become part-time residents and make a significant economic impact, especially in season-driven parts of the state. They purchase homes and cars and live among us peacefully for long periods of time all the while supporting our economy.
Norma Vincent
Many of these European part-time residents can legally enter the United States without a visa and remain for periods of up to 90 days. Those who wish to stay longer obtain B2 visitor visas, which allowed them to enter for periods of 180 days per year. Those are the people for whom it makes the most sense to buy Florida real estate and become part-time residents.
On April 8, James Ziglar, the commissioner of the Immigration and Naturalization Service, proposed regulations curtailing admissions to the United States for people who hold visitors visas from 180 to 30 days or "a period of time that is fair and reasonable for the completion of the purpose of the visit."
To Southwest Florida, this change would mean that a seasonal resident from Europe, who normally comes here for four months per year, may no longer be able to do so. Although the INS promises to make exceptions and allow extensions for persons who own retirement homes, the decision of what constitutes a "fair and reasonable" duration now rests with an INS officer at the port of entry.
Many older Europeans do not speak English and already consider passing the border inspection a heart-stopping experience. Now they will have to justify to an overworked and often undertrained officer how long they should be allowed to stay. Those who do not make a good case for themselves get 30 days, then perhaps an extension. With that kind of uncertainty, why even get on the plane?
Monika Ludwig
Similarly, recent changes to the Florida driver-license law may deter foreign part-time residents from buying and insuring cars. Some of the Sept. 11 terrorists had Florida driver licenses and used these licenses to blend in. A recently passed bill therefore now provides that driver licenses issued to non-immigrants (i.e., foreigners without a green card) will be valid only for as long as their stay authorized by the Department of Justice (DOJ).
The only relevant piece of paper that most Europeans even those with visas (issued by the State Department, not the DOJ) will have is a small card that bears their intended departure date. Therefore, the driver license of a seasonal resident will expire every time that person is scheduled to leave the country.
Imposing such burdens also on our law-abiding seasonal residents neither solves the terrorism problem nor helps Florida improve its image. As a matter of fact, persons who enter under student visas (the preferred terrorist mode of entry), would be able to produce DOJ-issued documentation valid for the duration of their studies, which would mean that even under the new law, they might still be issued driver licenses that could be valid for multiple years.
These changes are not the answer; they are simply a knee-jerk reaction in an effort to try to make us feel safer and to help us forget that the INS recently confirmed the approval of a change of visa status for known terrorists.
What is needed is better funding and training for the INS and the State Department, interagency communication with the FBI and intelligence.
Even with the changes, terrorists can enter our country and obtain ID and 30 days is still plenty of time to do damage.
It is, however, not enough time for a retired European couple to warrant the purchase of a vacation home.
While we now have to wait for the next Florida legislative session to help our lawmakers formulate laws that take into account our part-time residents, we can still object to the proposed INS regulations, which are published in the Federal Register.
Send your comments on or before May 13 to:
Director, Regulations and Forms Services Division, Immigration and Naturalization Service, 425 I Street NW, Room 4034, Washington, DC, 20536; or e-mail them to insregs@usdoj.gov.
Please reference the INS No. 2176-01 on the subject heading of your correspondence
Guest commentary: New INS rules would dissuade part-time residents
Naples News - Sunday, April 21, 2002
By NORMA VINCENT and MONIKA LUDWIG, Special to the Daily News
Be careful what you wish for. We wanted laws to better protect us in the wake of Sept. 11, and our government has reacted. Recent changes in Florida law and newly proposed changes to immigration regulations, however, while arguably doing little to deter terrorism, may have the unintended effect of presenting European part-time residents with the final straw in the bundle of reasons why they should spend their time and their money in Spain instead of Florida.
Many foreign visitors become part-time residents and make a significant economic impact, especially in season-driven parts of the state. They purchase homes and cars and live among us peacefully for long periods of time all the while supporting our economy.
Norma Vincent
Many of these European part-time residents can legally enter the United States without a visa and remain for periods of up to 90 days. Those who wish to stay longer obtain B2 visitor visas, which allowed them to enter for periods of 180 days per year. Those are the people for whom it makes the most sense to buy Florida real estate and become part-time residents.
On April 8, James Ziglar, the commissioner of the Immigration and Naturalization Service, proposed regulations curtailing admissions to the United States for people who hold visitors visas from 180 to 30 days or "a period of time that is fair and reasonable for the completion of the purpose of the visit."
To Southwest Florida, this change would mean that a seasonal resident from Europe, who normally comes here for four months per year, may no longer be able to do so. Although the INS promises to make exceptions and allow extensions for persons who own retirement homes, the decision of what constitutes a "fair and reasonable" duration now rests with an INS officer at the port of entry.
Many older Europeans do not speak English and already consider passing the border inspection a heart-stopping experience. Now they will have to justify to an overworked and often undertrained officer how long they should be allowed to stay. Those who do not make a good case for themselves get 30 days, then perhaps an extension. With that kind of uncertainty, why even get on the plane?
Monika Ludwig
Similarly, recent changes to the Florida driver-license law may deter foreign part-time residents from buying and insuring cars. Some of the Sept. 11 terrorists had Florida driver licenses and used these licenses to blend in. A recently passed bill therefore now provides that driver licenses issued to non-immigrants (i.e., foreigners without a green card) will be valid only for as long as their stay authorized by the Department of Justice (DOJ).
The only relevant piece of paper that most Europeans even those with visas (issued by the State Department, not the DOJ) will have is a small card that bears their intended departure date. Therefore, the driver license of a seasonal resident will expire every time that person is scheduled to leave the country.
Imposing such burdens also on our law-abiding seasonal residents neither solves the terrorism problem nor helps Florida improve its image. As a matter of fact, persons who enter under student visas (the preferred terrorist mode of entry), would be able to produce DOJ-issued documentation valid for the duration of their studies, which would mean that even under the new law, they might still be issued driver licenses that could be valid for multiple years.
These changes are not the answer; they are simply a knee-jerk reaction in an effort to try to make us feel safer and to help us forget that the INS recently confirmed the approval of a change of visa status for known terrorists.
What is needed is better funding and training for the INS and the State Department, interagency communication with the FBI and intelligence.
Even with the changes, terrorists can enter our country and obtain ID and 30 days is still plenty of time to do damage.
It is, however, not enough time for a retired European couple to warrant the purchase of a vacation home.
While we now have to wait for the next Florida legislative session to help our lawmakers formulate laws that take into account our part-time residents, we can still object to the proposed INS regulations, which are published in the Federal Register.
Send your comments on or before May 13 to:
Director, Regulations and Forms Services Division, Immigration and Naturalization Service, 425 I Street NW, Room 4034, Washington, DC, 20536; or e-mail them to insregs@usdoj.gov.
Please reference the INS No. 2176-01 on the subject heading of your correspondence
