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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
August 31, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
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An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Correspondence to editor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

According to a recent article in the New York Times Iowa is proposing an all-out immigrant recruitment drive in order to ease Iowa's population deficit and to bring in enough people to create a work force for a vibrant economy. The proposal comes from a committee of 37 prominent Iowans appointed to devise a plan to help the state thrive by 2010. The committee found that if Iowa retained all of its graduating high school students between now and 2005, they would still have a decrease of 3 percent in the available work force. Possible approaches include seeking an exemption from federal immigration quotas, working with the State Department or refugee organizations to make Iowa a priority destination for refugees, helping companies recruit employees abroad, and having the governor make sales pitches to prospective émigrés. The bureaucratic complexities of exempting the state from the quotas or per-country limits on immigration are almost impossible to imagine. Japan and Germany have already faced the conundrum of continuing economic expansion with an aging and shrinking population and are starting to take this into account in shaping their immigration policies. Immigration is a federal, not a state matter. These issues need to be discussed at the national level, not just in Iowa.


Federal Register News of the Day

TPS for Bosnia-Herzegovina to End
The INS has issued a notice that the Temporary Protected Status (TPS) designation for Bosnia-Herzegovina will not be extended. Since the notice was not issued 60 days prior to the August 10, 2000, expiration, the period has automatically been extended to February 10, 2000. The re-registration period for the remaining time begins August 30, 2000 and ends September 29, 2000.


Cases of the Day

BIA Denial of Relief under CAT Upheld
In Miguel v. Reno, No. 00-3291 (E.D. Pa. August 25, 2000), the district court upheld the Board of Immigration Appeals (BIA) in overturning relief granted under the Convention Against Torture (CAT) by an Immigration Judge. The court found that the Petitioner failed to meet his burden of demonstrating that it was more likely than not that he would be tortured because he did not provide sufficient direct evidence.

No Intent Required to be "Found in" the United States
[You need Acrobat to read this file.]
In a ruling on pre-trial motions in US v. Grieveson, No. IP00-0071-CR 1 B/F (S.D. Ind. August 28, 2000), the court noted that the 7th Circuit is the only one which has considered the questions to find any mental state requirement in the offense of being an alien who has been deported and thereafter is found in the United States without the express consent of the Attorney General to reapply for admission does not include a specific intent element. The court concluded that the offense "does not include a specific intent element, and to the extent it gives rise to an affirmative defense, the defense is limited to a showing of a reasonable belief on the part of the defendant that he had received the prior permission of the Attorney General to re-enter the United States."


Immigration News of the Day

Short of People, Iowa Seeks to Be Ellis Island of Midwest
According to the New York Times [registration required] Iowa is proposing an all-out immigrant recruitment drive in order to ease Iowa's population deficit and to bring in enough people to create a work force for a vibrant economy. Possible approaches include seeking an exemption from federal immigration quotas, working with the State Department or refugee organizations to make Iowa a priority destination for refugees, helping companies recruit employees abroad and even having the governor make sales pitches to prospective émigrés.

Condemned Again for Old Crimes
The New York Times [registration required] reports that although there have been many complaints from immigration lawyers and even INS officials about the harshness of the 1996 immigration act, the US is continuing to deport immigrants who committed crimes long ago. There is a bill in the House to soften some effects of the law, including a provision to remove the section that allows the immigration service to deport people for crimes that were not deportable offenses and were committed before 1996.


ILW.COM Highlights of the Day

Considering Immigrating to Canada?
Send e-mail to Canadian attorneys or find more information in our Canada section.


ILW.COM Chats and Discussions of the Day

Chat with Greg Siskind. Esq.
Attorney Greg Siskind will answer questions on all aspects of immigration law on Thursday, August 31, 2000, at 9:00 p.m. Eastern (New York) time. Questions may be submitted starting 15 minutes prior to the chat.


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