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ADI 2010 1Fellows--Hingstman Topicality 1NC shells

Topicality—1NC Shell Index

Aff doesn’t substantially increase visas (1NC shell) 1/2.........................................................................................2

Aff doesn’t substantially increase visas (1NC shell) 2/2.........................................................................................3

Aff doesn’t substantially expand eligibility for visas (1NC shell) 1/2....................................................................4

Aff doesn’t substantially expand eligibility for visas (1nc shell) 2/2......................................................................5

Aff doesn’t increase visas or expand visa eligibility (new visa category) 1/2........................................................6

Aff doesn’t increase visas or expand visa eligibility (new visa category) 2/2........................................................7

Aff changes admissibility, not eligibility for visas 1/2 [terrorism exclusion aff]....................................................8

Aff changes admissibility, not eligibility for visas 2/2 [terrorism exclusion aff]....................................................9

Aff changes asylum or refugee law, not human trafficking-based visas...............................................................10

Affirmative Provides Services, Not Expanded Visa Eligibility 1/2......................................................................11

Affirmative Provides Services, Not Expanded Visa Eligibility 2/2......................................................................12

Aff makes visas more desirable, not more available T 1/2....................................................................................13

Affirmative makes visas more desirable, not more available 2/2..........................................................................14

Critical Aff T --“Should” Requires Plan Advocacy..............................................................................................15

Critical Aff T -- Resolved Requires Plan Advocacy 1/2.......................................................................................16

Critical Aff T -- Resolved Requires Plan Advocacy 2/2.......................................................................................17


Aff doesn’t substantially increase visas (1NC shell) 1/2

A. INTERPRETATION. Substantially means major, not minor quantity. Courts have interpreted “substantially” as requiring a large percentage increase (greater than 50%)

___Words and Phrases 87 (vol. 40, 1987 Pocket Part, p. 266)SUBSTANTIALLY IMPAIRS ITS VALUE. What constitutes defect in article which “substantially impairs its value,” within Uniform Commercial Code provision entitling buyer to revoke acceptance for such defect, is factual determination to be made by the trier of fact, and although term may not be susceptible to being precisely defined, it connotes more than mere minor, easily repairable defects in goods. Schumaker v. Ivers, 238 N.W.2d. 284, 288, 90 S.D. 75.

____Words and Phrases 04 (vol. 40, 2004 Pocket Part, pp. 492-493)Ex-husband’s 74% increase in net income since 1977 constituted a “substantial increase” in income for purposes of determining whether child support order should be modified. Scott v. Scott, Minnesota Court of appeals, 252 N.W.2d 62, 64.

B. VIOLATION. The plan is only a minor increase in the number of visas issued. Even within a single topic category, the increase is minute. Compare their estimate to government statistics on total visas issued last year. [CHOOSE CATEGORIES THAT APPLY TO AFF]

___Family-based immigrant and nonimmigrant visas issued in FY 2009: [total is 216,918]____US Department of State 09Report of the Travel Office, http://www.travel.state.gov/pdf/FY09AnnualReport_TableII.pdfFamily sponsored preference total for FY 2009 was 176,273 visas issued.

____US State Department 09Report of the Travel Office, http://www.travel.state.gov/pdf/FY09AnnualReport_TableXVI_B.pdfK-1, K-2, K-3, and K-4 visa categories fiancés (to marry in 90 days) and spouses of US citizens and their children -- 40,645 were issued in FY 2009V category spouses & children of permanent residents with pending permanent residency-- 0 in FY 2009

___ Employment-based immigrant visas issued in FY 2009: [total is 13,846]____US Department of State 09Report of the Travel Office, http://www.travel.state.gov/pdf/FY09AnnualReport_TableII.pdfEmployment-based preference total for FY 2009 was 13,846 visas issued.

____Temporary worker nonimmigrant visas issued in FY 2009: [total is 515,680]____US Citizenship and Immigration Services 10 US Homeland Security Dept, June 27, 2010,http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=13ad2f8b69583210VgnVCM100000082ca60aRCRD&vgnextchannel=13ad2f8b69583210VgnVCM100000082ca60aRCRD and US State Department 09, Report of the Travel Office, http://www.travel.state.gov/pdf/FY09AnnualReport_TableXVI_B.pdfTotal temporary worker visas issued in FY 2009 were 515,680.• E-1, E-2, and E-3 categories treaty traders and employees, treaty investors and employees, and certain Australian “specialty” professionals -- 34,638 in FY 2009• H-1B, H-1C (expired 12/09), H-2A, H-2B, H-3, and H-4 categories workers in specialty occupations, registered nurses working in shortage areas, temporary agricultural workers, temporary non-agricultural workers, trainees other than medical or academic, and children -- 278,168 in FY 2009• L-1A, L-1B & L-2 categories-intracompany transfers in management or specialized work and family members--124,275 in FY 2009• O-1, O-2, and O-3 categories persons with extraordinary ability in a field and assistants and family members--16,466 in FY 2009• P-1A, P-1B, P-2, P-3, and P-4 categories recognized athletes or entertainers; cultural exchange performers; teaching artists or entertainers -- 34,010 in FY 2009• I, Q-1, Q-2, R-1, R-2 and TN categories media representatives, cultural exchange instructors; religious workers and NAFTA professionals -- 28,103 in FY 2009


Aff doesn’t substantially increase visas (1NC shell) 2/2

____Human trafficking-based nonimmigrant visas issued in FY 2009: [total is 95]____US State Department 09Report of the Travel Office, http://www.travel.state.gov/pdf/FY09AnnualReport_TableXVI_B.pdf95 total T visas [human trafficking-based] were issued in FY 2009.

C. BETTER INTERPRETATION STANDARDS (choose one or more)

____ Better Preparation and Limits. Our evidence shows that there are at least 10 immigrant and 30 nonimmigrant visa categories in this year’s topic. Their interpretation unlimits by allowing hundreds of cases that increase small subcategories. Negatives will not be prepared with relevant positions and evidence against every kind of visa, and education will suffer.

____ Better Clash and Ground. Affirmatives and negatives should debate about whether it would be better to increase visas slightly or to move toward open borders. Our interpretation preserves this necessary disad and counterplan ground for links and impacts. Limited negative policy ground is unfair when the aff gets to choose their case.

____ Communication. They make the word “substantially” meaningless by their tiny increase. Mooting words leads to misunderstanding, which blocks good communication needed for education.

____ Bright Line Standard. Compare the affirmative increase to the total number of visas issued in one or more of the 4 categories in the topic; if it is greater than 50%, it meets the violation. By defining substantial as noticeable or important, they make it impossible for the judge to make an objective determination of jurisdiction, which is unfair.

D. VOTING ISSUE. For reasons of fairness, education, and communication.It’s a game of competing interpretations.


Aff doesn’t substantially expand eligibility for visas (1NC shell) 1/2

A. INTERPRETATION. “Substantially” means “without material qualification”

___Black’s Law Dictionary 90 (Black’s Law Dictionary, 1990, 6th Ed., p. 1428–29)

Substantially. Essentially; without material qualification; in the main; in substance; materially; in a substantial manner. About, actually, competently, and essentially. Gilmore v. Red Top Cab Co. of Washington, 171 Wash. 346, 17 P.2d 886, 887.

“Expand” means “to make bigger or wider in size, volume or quantity

____Google Dictionary 10, (July 29, 2010 accession date)

Expand: make bigger or wider in size, volume, or quantity; "expand the house by adding another wing"

B. VIOLATION. The plan does not expand eligibility across all requirements. Only one is expanded. There are material qualifications within the category that remain the same. [CHOOSE THE ONE THAT APPLIES TO AFF]

___FB family-based immigrant visas. The aff doesn’t expand eligibility within the child-parent relationship.

____Fragomen and Bell 10 Partner and Chairman of the Executive Committee of Fragomen, Del Rey, Bernsen & Loewy, LLP & Chairman of the Board of WoodTrust Asset ManagementAustin T. Jr. and Steven, Immigration Fundamentals: A Guide to Law and Practice, 4th Ed., June 2010 update, pp. 3-8, 3-11 & 3-24

In order for an alien to immigrate based on a close family relationship to a citizen or resident, it must first be demonstrated that the alien is eligible for immigration-that is, that a qualifying family relationship exists. It is the role of U.S. Citizenship and Immigration Services (USCIS) to determine eligibility and approve the alien as an intending immigrant.

p. 3-11

§ 3:2 Definition of Qualifying Relationships§ 3:2.1 Child-ParentThe determination as to whether an alien qualifies for immigration based on a family relationship often will depend on whether there exists a child-parent relationship.

p. 3-24

§ 3:2.2 SpouseAnother important relationship for purposes of family·sponsored immigration is that of husband and wife. Spouses of citizens qualify as immediate relatives who can immigrate regardless of any numericallimitation, while spouses of permanent residents can qualify as immigrants in the 2A preference subcategory.

Whether an alien qualifies as a spouse depends upon three factors:(I) The validity of the marriage under the law of the jurisdiction where it was performed;(2) Whether the marriage was entered into in order to confer an immigration benefit on the alien (a sham marriage); and(3) The current status of the marriage.


Aff doesn’t substantially expand eligibility for visas (1nc shell) 2/2

____H-1C Nursing visas. The aff doesn’t change the old eligibility requirements for an H-1C visa.

____Fragomen and Bell 10 Partner and Chairman of the Executive Committee of Fragomen, Del Rey, Bernsen & Loewy, LLP & Chairman of the Board of WoodTrust Asset ManagementAustin T. Jr. and Steven, Immigration Fundamentals: A Guide to Law and Practice, 4th Ed., June 2010 update, pp. 5-136 & 137

Foreign nurses participating in the program must:(I) be licensed in the country in which they received their training (U.S.-trained nurses are exempt from this requirement), (2) pass an appropriate nursing examination (to be determined by the HHS) or have a full and unrestricted license to practice as a registered nurse in the state of intended employment, and(3) be fully qualified and eligible under all state rules to practice as a registered nurse in the state of intended employment immediately upon admission to the United States.

____T human trafficking-based visas. The aff doesn’t expand the ends for which trafficking occurs or allow applicants not to be physically present in the US on account of trafficking.

____Fragomen and Bell 2010 Partner and Chairman of the Executive Committee of Fragomen, Del Rey, Bernsen & Loewy, LLP & Chairman of the Board of WoodTrust Asset ManagementAustin T. Jr. and Steven, Immigration Fundamentals: A Guide to Law and Practice, 4th Ed., June 2010 update, pp. 5-250

Service rules governing the T nonimmigrant category were published in January 2002. Victims, except for instances of sex trafficking involving minors, must show both (1) a particular means [for example, force, fraud, or coercion) and (2) a particular end [sex trafficking, involuntary servitude, peonage, debt bondage, or slavery). The applicant has the burden of demonstrating both elements. For example, an adult involved in commercial sexual activity that is not induced by force, fraud, or coercion would not be considered a victim under the interim rule. In most cases, the rule notes, aliens who are simply smuggled into the United States voluntarily, intending to perform labor or services, are not considered victims of trafficking, but such aliens may become victims of trafficking if, for example, after arrival, the smuggler uses threats of serious harm or physical restraint to force the alien into some form of involuntary servitude, peonage, debt bondage, or slavery.(3) Applicants must be physically present in the United States on account of such trafficking.


____ Better Preparation and Limits. Each visa category in this year’s topic has at least 2 or 3 eligibility standards. Their interpretation unlimits by allowing hundreds of cases that just expand one aspect of eligibility. Negatives will not be prepared with relevant positions and evidence against every kind of eligibility standard, and education will suffer.

____ Better Clash and Ground. Links to counterplans and disads get better when the aff must make substantial changes. Limited negative policy ground is unfair when the aff gets to choose their case.

____ Communication. They make the word “substantially” meaningless by their tiny increase. Mooting words leads to misunderstanding, which blocks good communication needed for education.

____ Bright Line Standard. The legal literature on immigration defines the eligibility requirements. The aff need merely show that it expands eligibility for each requirement. By defining substantial expansion as any noticeable increment, they make it impossible for the judge to decide jurisdiction objectively, which is unfair.

D. Topicality is a voting issue for fairness, education, and communication. It’s a game of competing interpretations.


Aff doesn’t increase visas or expand visa eligibility (new visa category) 1/2

A. INTERPRETATION. “Increase” and “expand” require the existence of something to increase or expand. A nonexistent thing cannot be increased.

_____Freshwater 05, Professor of Mental Health, IHCS, Bournemouth UniversityDawn, Psychodynamic Practice, May 2005, 11.2: 177-187, p. 186

Therapeutic practice is a ritual within which we allow space for a temenos or a vas, a sheltered protective timeless spacewhich encourages spontaneity and enables an acknowledgement of the transpersonal dimension. It is a place for the most significant nothing to manifest . . . for dreams as the one given to me by my very dear friend . . . you cannot increase nothing . . . numerically this may be right but in the work of Anish Kapoor we can think spatially – nothingness expands to allow for the possibility of the numinous.

_____Ripple 87, Federal Circuit JudgeEmmlee K,. Cameron v. Frances Slocum Bank & Trust Company, State Automobile Insurance Association, and Glassley Agency of Whitley, Indiana, 824 F.2d 570; 1987 U.S. App. LEXIS 9816, 9/24, lexis

Also related to the waiver issue is appellees' defense relying on a provision of the insurance policy that suspends coverage where the risk is increased by any means within the knowledge or control of the insured. However, the term "increase" connotes change. To show change, appellees would have been required to present evidence of the condition of the building at the time the policy was issued. See 5 J. Appleman & J. Appleman, Insurance Law and Practice, § 2941 at 4-5 (1970). Because no such evidence was presented, this court cannot determine, on this record, whether the risk has, in fact, been increased. Indeed, the answer to this question may depend on Mr. Glassley's knowledge of the condition of the building at the time the policy was issued, see 17 J. Appleman & J. Appleman, Insurance Law and Practice, § 9602 at 515-16 (1981), since the fundamental issue is whether the appellees contemplated insuring the risk which incurred the loss.

A nonexistent thing cannot be expanded.

_____ Montgomery 06, cancer therapist, marathonist and chess player, Nashville, TNLarkin, twinlark, http://www.chessgames.com/~twinlark?kpage=10 & http://twitter.com/twinlark, 2006

But beyond that the concept of spacetime (as according to Einstein, space, and therefore the "objects" within it, and time, are are bound up together in their own frames of reference [I hope I have that right]), expanding indicates that it must consist of something, as nothing cannot expand. Nothing is simply nothing and can't be in the physical universe. It's a mathematical concept otherwise known as 0. As is a singularity which is a mathematical concept which is either infinity or a blend of infinity and zero.

B. VIOLATION. The plan starts with a nonexistent visa and then creates a new one.

Example: H-1C visas do not exist now. They were discontinued in December 2009.

______U.S. Labor Department 10March 5, 2010, http://www.foreignlaborcert.doleta.gov/h-1c.cfm

The interested public should note that the H-1C visa category expired at the end of 2009 and that the Department is not accepting any new attestations under the H-1C program; this publication will assist enforcement.


Aff doesn’t increase visas or expand visa eligibility (new visa category) 2/2


____ Better Preparation and Limits. With our interpretation, the negative has fair notice of what affs will do because the visa categories are listed on government websites. Their interpretation allows the aff to surprise the negative with hundreds of possible new visas that have some relationship to families, employment, or trafficking. Negatives will not be prepared with relevant positions and evidence against all these new visas, and education will suffer.

____ Better Clash and Ground. Giving the negative the ground of creating new visas categories to compete with increasing or expanding eligibility within existing visa would lead to good plan-counterplan clash over net benefits. Their interpretation limits negative ground to the status quo or more restrictions, which doesn’t really test the aff.

____ Communication. They make the words “increase” and “expand” meaningless by creating a new visa category. Mooting words leads to misunderstanding, which blocks good communication needed for education.

____ Bright Line Standard. The USCIS lists visa name-number categories according to the 4 groups in the topic. If the aff grows one of those government-listed categories, they are topical. Their interpretation would require the judge to decide whether new visas fit the existing categories. They make it impossible for the judge to make an objective determination of jurisdiction, which is unfair.



Aff changes admissibility, not eligibility for visas 1/2 [terrorism exclusion aff]

A. INTERPRETATION. Admissibility standards apply to all visas under INA §212(a), while eligibility standards relate to specific categories of visas. Eligibility allows you to receive a visa before you travel, while admissibility gets you into the US once you have arrived.

_____Hasche 05, partner with the firm of Parker, Butte & Lane, P.C., whose practice focuses on immigration lawTilman, "An Overview of Immigration Law," http://www.pbl.net/IMMIGRANT_SELECTION_SYSTEM.doc [date of essay checked with author by email on 7-25-10 DBH]

The Act establishes a two check system as the main mechanism for deciding which immigrants are accorded lawful permanent residence.[1] These two checks correspond to two distinct types of limitation on the incoming flow of immigrants. The first limitation is based on the concept of ELIGIBILITY TO FILE AN APPLICATION TO IMMIGRATE. It corresponds to the limits in the Act on the number of immigrants that can be admitted in different categories each year. The second limitation is based on the concept of the individual alien’s ADMISSIBILITY, i.e., certain individual characteristics or attributes that the prospective immigrant must have, or must NOT have, in order to be “lawfully admitted for permanent residence.”[2]

____ImmigrationRoad.com 10 immigration services websitehttp://immigrationroad.com/visa/214b-immigrant-intent-visa-denial.php, accessed 7-23-10

Is visa ineligibility the same as inadmissibility?No. Inadmissibility means a person is not admissible to the US, whether as a nonimmigrant or immigrant. In most case, a person already in the US would be subject to removal (deportation) if any ground of inadmissibility applies. This is set forth in INA section 212(a).

Fragomen 78, Law Professor, NYU and Brooklyn Law SchoolsAustin T., Jr., International Migration Review, 12.2, Summer 1978, p. 260

Any alien desiring to enter the United States is subject to the grounds of exclusion and inadmissibility set forth in the Immigration and Nationality Act, as amended. This proposition is equally true whether the alien has established his basis of eligibility for an immigrant visa for adjustment of status, or for a nonimmigrant visa. The law would similarly apply to a lawful permanent resident alien when he proceeds abroad and attempts to reenter the United States. The grounds of exclusion and inadmissibility are set forth in the 32 Subsections of Section 212(a). Some of the grounds of inadmissibility can be waived by the Immigration and Naturalization Service under certain circumstances and when prescribed family relations exist. However, other grounds are non-waivable under any circumstances.

B. VIOLATION. Our interpretation includes and excludes possible affirmatives. The affirmative removes the terrorism admissibility requirement, which is excluded by our interpretation. This does not change eligibility for any of the topic visa categories.

[SOME OTHER POSSIBLE ADMISSIBILITY CASES: health conditions; missing vaccinations; criminal conviction (such as statutory rape); drug trafficking; prostitution; membership in totalitarian party; labor competitors for US workers not otherwise covered by visa eligibility standards; previous violators of immigration laws; false documentation providers; stowaways; smugglers, practicing polygamists; disabled aliens without guardians; international child abductors; unlawful voters in US elections].


Aff changes admissibility, not eligibility for visas 2/2 [terrorism exclusion aff]


____ Better Preparation and Limits. Our interpretation allows at least the 43 category cases listed on the ADI caselist, which meets needs for creativity and diversity. Their interpretation allows the aff to double that number again. Negatives will not be prepared with specific positions and evidence against all these admissibility cases, and education will suffer.

____ Better Clash and Ground. Giving the negative the ground of admissibility allows us to propose PICs to increased or expanded eligibility category visas. Their interpretation takes away PIC ground and avoids a good test of the affirmative.

____ Communication. They make the word “eligibility” meaningless by making it overlap with “admissibility”. Mooting words leads to misunderstanding, which blocks good communication needed for education.

____ Bright Line Standard Avoids Extratopicality. The USCIS lists visa name-number categories according to the 4 groups in the topic. If the aff grows one of those government-listed categories, they are topical. Their interpretation would allow them to remove admissibility standards that relate of any category of visa. This is extratopical, and makes it impossible for the judge to make an objective determination of jurisdiction, which is unfair to both sides.



Aff changes asylum or refugee law, not human trafficking-based visas

A. INTERPRETATION. Asylum and human trafficking-based visas are different. Asylum relates to events that occur in other countries, while human trafficking relates to abuses suffered in the United States.

Martin, Doire & Chinanzvanana 05 director of public policy, policy associate & policy assistant at Center for Women Policy StudiesBrenda, Sarah and Amy, “Briefing Memorandum: Immigration and Refugee Law Affecting Trafficked Persons.” July 2005, http://www.gonzagajil.org/content/view/63/28, National Institute on State Policy on Trafficking of Women and Girls

Comparing the T Visa to Asylum. Asylum offers protection to those who cannot remain in their home country because of past or feared persecution there. A T Visa focuses on trafficking abuses suffered in the United States. Additionally, asylum’s persecution requirement is a much more severe threat of harm than the T Visa’s requirement of extreme hardship involving unusual and severe harm. Persecution absolutely prevents a person from living in the home country whereas extreme hardship involving unusual and severe harm amounts to great difficulty living in the home country. If a person is eligible to make both claims, then the T Visa’s requirement to cooperate with law enforcement is a factor that may influence the applicant’s decision. In terms of the application process, the T Visa and asylum are different as well. A positive aspect of the T Visa is that there is no mandatory interview or appearance before a judge; the T Visa application is submitted by mail and a decision is returned by mail, thereby eliminating much of the anxiety that asylum applicants typically endure. The processing time for the T Visa is much shorter than that of asylum, which also is much easier on the applicant. Moreover, the T Visa carries substantially less regulation and no case law, which has created a lot of flexibility and room for interpretation. This makes it easier for attorneys to make favorable arguments on behalf of their clients and easier for adjudicators to decide in favor of applicants.

B. VIOLATION. The affirmative advocacy increases the number of or expands eligibility for asylum or refugee approvals by claiming that they change human trafficking-based visas.


____ Better Preparation and Limits. Our interpretation allows at least the 43 category cases listed on the ADI caselist, which meets needs for creativity and diversity. Their interpretation allows the aff to include all the cases that the rejected asylum topic. Negatives will not be prepared with specific positions and evidence against all these asylum cases, and education will suffer.

____ Better Clash and Ground. Our interpretation evidence shows that the type of arguments that apply to asylum cases are different from those involved in human trafficking visa issuance. If asylum is a substitute for a T visa, then the negative should have that counterplan ground against the topic. Their interpretation makes the applicability of that ground unpredictable.

____ Communication. They make the word “increase” meaningless because there are no limits on the number of asylum applications that can be granted. Mooting words leads to misunderstanding, which blocks good communication needed for education.

____ Bright Line Standard. The USCIS lists visa name-number categories according to the 4 groups in the topic. If the aff grows one of those government-listed categories, they are topical. Their interpretation would allow them to recognize some but not all asylum claims based on their relationship to human trafficking. This makes it impossible for the judge to determine jurisdiction objectively, which is unfair to both sides.



Affirmative Provides Services, Not Expanded Visa Eligibility 1/2

A. INTERPRETATION. “Eligibility for” a visa means qualified for receiving or allowed to receive a visa. Qualifications are what the people who apply must have, not what the visa has.

____Google Dictionary 10 (July 30)http://www.google.com/search?client=safari&rls=en&q=define:++eligibility&ie=UTF-8&oe=UTF-8

the quality or state of being eligible; "eligibility of a candidate for office"; "eligibility for a loan" wordnetweb.princeton.edu/perl/webwnThe state, or the fact of being eligible en.wiktionary.org/wiki/eligibilityeligible - qualified for or allowed or worthy of being chosen; "eligible to run for office"; "eligible for retirement benefits"; "an eligible bachelor" wordnetweb.princeton.edu/perl/webwn

B. VIOLATION. The plan increases health care or other social services for immigrants.

Services are at best an effect of visa eligibility. Providing new social services to immigrants or visitors does not increase the number of visas or expand eligibility for them. Congress has treated social services separately from eligibility issues, by passing laws that make immigrant visa holders ineligible for many such services.

____FAIR 02 Federation for American Immigration Reform“Immigration and Welfare.” Updated October 2002. http://www.fairus.org/site/PageServer?pagename=iic_immigrationissuecenters7fd8

As of the 1996 welfare reform bill, the following applies to eligibility for federal and state funded welfare programs:Legal immigrants are barred from all federal means-tested public benefits for five years after entering the country and barred from SSI and food stamps until citizenship. They are also barred from all federal means-tested public benefits for five years.7Benefits available to immigrants include school lunch and breakfast programs, immunizations, emergency medical services, disaster relief, and others programs that are necessary to protect life and safety as identified by the attorney general, regardless of immigration status.8Illegal immigrants are barred from the following federal public benefits: grants, contracts, loans, licenses, retirement, welfare, health, disability, public or assisted housing, post secondary education, food assistance, and unemployment benefits. States are barred from providing state or locally funded benefits to illegal immigrants unless a state law is enacted granting such authority.9


____ Better Preparation and Limits. Our interpretation allows at least the 43 category cases listed on the ADI caselist, which meets needs for creativity and diversity. Their interpretation allows the aff to include all the social services for immigrants cases from the high school poverty topic. Negatives will not be prepared with specific positions and evidence against all these asylum cases, and education will suffer.

____ Better Clash and Ground. Our interpretation evidence shows that the type of arguments that apply to social services are different from those involved in visa issuance because their plan would not necessarily increase visa issuance. The negative should have the counterplan ground of increasing social services to answer affirmative case harms. Their interpretation allows for many debates where that ground would not be available, which is bad for critical argument and education.


Affirmative Provides Services, Not Expanded Visa Eligibility 2/2

____ Communication. They render the word “visas” and visa categories in the topic meaningless because they bypass the issue of the process of reviewing visa applications. Mooting words leads to misunderstanding, which blocks good communication needed for education.

____ Bright Line Standard. The USCIS lists visa name-number categories according to the 4 groups in the topic. If the aff grows one of those government-listed categories, they are topical. Their interpretation would require the judge to consider how important the provision of a particular social service is to the decision to apply for a visa. This makes it impossible for the judge to determine jurisdiction objectively, which is unfair to both sides.



Aff makes visas more desirable, not more available T 1/2

_____A. INTERPRETATION. Contextual usages of “increase the number of visas” occur in the topic literature connected to the words “available” or “allocated.” Thus the phrase is related to the existence of quotas in the immigration statutes, and affirmative plans must lift quotas to increase visas.

____Saucedo 04 Associate Professor of Law, William S. Boyd School of Law, University of Nevada, Las VegasLeticia, “Protecting Workers in Increasingly Latino-ized Occupations.” November 2004, 80 Notre Dame Law Review 303, lexis

Currently there are 10,000 U visas available per year. n87 Congress may need to revisit the U visa category to increase the numbers of such visas available yearly if this is to become an effective vehicle for the protection of brown collar workers who cooperate with federal or local authorities.

___Kowalski 08 Editor in Chief of Bender’s Immigration Bulletin and immigration lawyer since 1985Daniel M. “Things to Do While Waiting for the Revolution.” Winter 2008, 21 Georgetown Journal of Legal Ethics 37, 38 lexis

Before addressing that question, I will list the broad-brush immigration law reforms I would like to see enacted, even if not in my lifetime: [*38] . Vastly simplify, if not eliminate, the current statutory grounds of inadmissibility and deportability;. Vastly simplify the visa categories, both immigrant and non-immigrant;. Vastly increase the number of visas per category, or eliminate numerical quotas altogether. (As Prof. Mae Ngai convincingly shows, the imposition of quotas created the 'illegal immigrant' problem n5);. Restore and expand statutory waivers eliminated in the 1996 "reforms";. Restore and expand the right to bond out of immigration detention;. Restore and expand the right to judicial review of adverse agency action, including visa decisions by U.S. consular officers overseas.

“Eligibility for” a visa means qualified for receiving or allowed to receive a visa. Qualifications are what the people who apply must have, not what the visa has.

____Google Dictionary 10 (July 30)http://www.google.com/search?client=safari&rls=en&q=define:++eligibility&ie=UTF-8&oe=UTF-8

the quality or state of being eligible; "eligibility of a candidate for office"; "eligibility for a loan" wordnetweb.princeton.edu/perl/webwnThe state, or the fact of being eligible en.wiktionary.org/wiki/eligibilityeligible - qualified for or allowed or worthy of being chosen; "eligible to run for office"; "eligible for retirement benefits"; "an eligible bachelor" wordnetweb.princeton.edu/perl/webwn

______ B. VIOLATION. The plan tries to increase the demand for visas [by providing immigration bounties or improving the US economy or providing new protections for legal residents or visitors]. This action neither increases the number nor expands eligibility for visas.


Affirmative makes visas more desirable, not more available 2/2


____ Better Preparation and Limits. Our interpretation allows at least the 43 category cases listed on the ADI caselist, which meets needs for creativity and diversity. Their interpretation allows the aff to run any case that bribes immigrants or makes the US a better place to live. Negatives will not be prepared with specific positions and evidence against all these asylum cases, and education will suffer.

____ Better Clash and Ground. Our interpretation evidence shows that the type of arguments that apply to economic conditions are different from those involved in visa issuance because their plan would not necessarily increase visa issuance. The negative should have the counterplan ground of improving US conditions to answer affirmative case harms. Their interpretation allows for many debates where that ground would not be available, which is bad for critical argument and education.

____ Communication. They render the words “number of,” “eligibility,” and visa categories in the topic meaningless because they bypass the issue of the process of applying for and reviewing visa applications. Mooting words leads to misunderstanding, which blocks good communication needed for education.

____ Bright Line Standard. The USCIS lists visa name-number categories according to the 4 groups in the topic. If the aff grows one of those government-listed categories, they are topical. Their interpretation would require the judge to consider how economic conditions affect demand and how demand affects visa availability to determine topicality. This makes it impossible for the judge to determine jurisdiction objectively, which is unfair to both sides.


ADI 10 15Fellows-Hingstman Topicality 1NC shell—Critical T Should

Critical Aff T --“Should” Requires Plan Advocacy

A. INTERPRETATION. “Should” primarily expresses a duty or obligation to act. A policy action statement meets that duty, while speculation does not.

____American Heritage® Dictionary 96 [1996, 1992 by Houghton Mifflin Company, www.dictionary.com, accessed 4/2/01]

should (shd) v. aux. Past tense of shall.

1.Used to express obligation or duty: You should send her a note.

B. VIOLATION. They read no plan of action or advocacy statement. They neglect their duty, which undermines their relationship to the topic.

C. BETTER INTERPRETATION

_____ Better for clash. Their neglect of “should” makes it difficult for the negative to say anything competitive with the aff. Clash is key to critical testing of claims in debate and an educational experience.

_____ Better for preparation. They disconnect from topic literature bases and open up an infinity of philosophical speculation. It is hard for their opponents to be prepared to debate, which hurts education and leads to unfair competition.

_____ Semantic accuracy. They moot the word “should” and try to substitute the word “may”. Mooting words out of the topic makes clear communication impossible.

D. Voting issue. For reasons of fairness and education.

ADI 10 16Fellows-Hingstman Topicality 1NC shell—Critical T Resolved

Critical Aff T -- Resolved Requires Plan Advocacy 1/2

A. INTERPRETATION. Resolved: provides context for the topic sentence. It converts a sentence into a resolution. It means to fix, to settle, to make certain

_____Webster's Revised Unabridged Dictionary 98© 1996, 1998 MICRA, Inc. [www.dictionary.com, accessed 4/2/01]

Resolve \Re*solve"\ (r?*z?lv"), v. t. [imp. & p. p. Resolved (-z?lvd"); p. pr. & vb. n. Resolving.] [L. resolvere, resolutum, to untie, loosen, relax, enfeeble; pref. re- re- + solvere to loosen, dissolve: cf. F. r['e]soudare to resolve. See Solve, and cf. Resolve, v. i., Resolute, Resolution.]

1. To separate the component parts of; to reduce to the constituent elements; -- said of compound substances; hence, sometimes, to melt, or dissolve. O, that this too too solid flesh would melt, Thaw, and resolve itself into a dew! --Shak.

Ye immortal souls, who once were men, And now resolved to elements again. --Dryden.

2. To reduce to simple or intelligible notions; -- said of complex ideas or obscure questions; to make clear or certain; to free from doubt; to disentangle; to unravel; to explain; hence, to clear up, or dispel, as doubt; as, to resolve a riddle. ``Resolve my doubt.'' --Shak.

To the resolving whereof we must first know that the Jews were commanded to divorce an unbelieving Gentile. --Milton.

3. To cause to perceive or understand; to acquaint; to inform; to convince; to assure; to make certain.

Sir, be resolved. I must and will come. --Beau. & Fl.Resolve me, Reason, which of these is worse, Want with a full, or with an empty purse? --Pope. In health, good air, pleasure, riches, I am resolved it can not be equaled by any region. --Sir W. Raleigh.

We must be resolved how the law can be pure and perspicuous, and yet throw a polluted skirt over these Eleusinian mysteries. --Milton.

4. To determine or decide in purpose; to make ready in mind; to fix; to settle; as, he was resolved by an unexpected event.

B. VIOLATION. Their relationship to potential actions of the United States Federal Government and to the debate process remains unresolved in their advocacy. Their advocacy is that of a critical systems thinker, which inherently leads to unresolvable arguments in actual debates. Our interpretation of resolved preserves the debate context.

____Jackson 91, Professor of Management Systems and Science, University of Hull, UKMichael C., Systemic Practice and Action Research, 1991, p. 611, Springer ecollection

The most remarkable claim in Flood and Ulrich's (1990) "Testament" is that they have founded an adequate epistemology for systems practice upon a reconciliation of Kant's critical idealism and Marx's historical materialism (thus integrating systems and "sociological" epistemologies). This claim, to have brought together two apparently contradictory theoretical positions, is so outrageous as to suggest that the "Testament" will itself contain certain contradictions. And, indeed, a close reading of "Testament" reveals it to be not so much an amicable conversation between two critical systems practitioners as an unresolved argument between two critical systems thinkers. This argument keeps interrupting an otherwise straightforward account of positivist, interpretive, and critical rationalities.

ADI 10 17Fellows-Hingstman Topicality 1NC shell—Critical T Resolved

Critical Aff T -- Resolved Requires Plan Advocacy 2/2

C. BETTER INTERPRETATION.

____ Better for decision-making. Our interpretation allows a comparison of action alternatives, even if the action discussion is limited to the round. Their interpretation severs the connection between reflection and action, which makes it difficult for the judge to choose in a competitive activity.

____ Better for examining assumptions. Our interpretation requires that theorizing meet the test of practice. We should put our bodies where our thoughts are for critical testing purposes.

____ Better for fairness. Unspecified relationships to the topic make competitiveness too difficult to predict or articulate in the round. Our interpretation tethers the discussion to some form of proposed action.

D. VOTING ISSUE. For reasons of fairness, education, and decision-making.

aff doesn’t substantially - pbworksadi2010.pbworks.com/f/adi+topicality+neg+shells+final.… ·...

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