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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
December 19, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
ILW.COM Featured Article of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Classifieds 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

The Conference Report on H.R. 4577, the omnibus appropriations bill, is a massive document running to several hundred pages. We offer the relevant sections of the Congressional Record below for those who care to wade through the original material. These large files may take some time to download. We will provide digests of the relevant provisions in the near future.

One of the most important features is the limited restoration of 245(i). Under 245(i) a person who is eligible for an immigrant visa and for whom a visa is currently available can apply for adjustment in the US instead of having to apply at a consulate abroad if he is the beneficiary of a petition for an immigrant visa or application for labor certification filed before April 30, 2001, and physically present in the US on the date of enactment. This is vital for those who entered without inspection or have overstayed a period of admission because if they leave the US they may be subject to a 3 or 10 year bar. As we pointed our previously, the last time Congress set a date for grandfathering under 245(i) the INS and Department of Labor were deluged with hastily prepared petitions and applications. It is manifestly unfair to those who decided to leave jobs and family behind and depart the US to avoid the 3/10 year bar and now find that if they had stayed 245(i) would be available. Since the "date of enactment" is when the President signs the bill, the Border Patrol may face a wave of people trying to be sure they are phsycially present in the US when he does sign it. Title XV, the "Life Act Amendment of 2000," including the text of the extended application of 245(i), can be found beginning on page H12299 of the Congressional Record.


Federal Register News of the Day

Comment Request for Petition for Nonimmigrant Worker
The Adjudications Division of the INS has announced an extension of the currently approved collection for the Petition for Nonimmigrant Worker, Form I-129, and is accepting written comments until February 16, 2001.

Comment Request for Generic Clearance for Customer Service Surveys
The INS has issued an extension of the currently approved collection for Generic Clearance for Customer Service Surveys. Comments will be accepted until February 16, 2001.


Cases of the Day

Motion to Reopen Must Satisfy Time and Number Restrictions
[You will need Acrobat to read this file]
In In re Vienna I. Oparah, A71-798-305 (BIA December 15, 2000) , the Board of Immigration Appeals (BIA) held that a motion to remand submitted during the pendency of an appeal from an Immigration Judge's denial of an untimely motion to reopen and filed after the entry of a final administrative decision does not cure the untimeliness of the initial motion to reopen, nor is it exempted from the numerical restriction that permits the filing of only one motion to reopen.


Congressional News of the Day

Immigration Measures in Appropriations Bill
References to immigration are made in 7 files of the massive Conference Report on H.R. 4577, the omnibus appropriations bill, including House Record pages12100-12150, 12151-12201, 12253-12303, 12304-12354, 12355-12405, 12406-12439, 12442-12502. Please see Editor's Comments.

Kennedy's Summary of Immigration Measures
Sen. Kennedy summarized the immigration provisions contained in the appropriations bill including the partial restoration of section 245(i) for individuals who are physically present in the U.S. by the date the legislation is enacted into law, benefits for the "late amnesty" class members who have been in legal limbo, and technical corrections that will benefit persons eligible for relief under NACARA and HRIFA.

Sen. Abraham Thanks Staff
Sen. Abraham thanks his staff for their efforts including Stuart Anderson, Director of Immigration Policy and Research.

Kennedy Praises Abraham
Sen. Kennedy praises Sen. Abraham for showing sensitivity in helping to "guide immigration policy in a way that respects the strong tradition of people in this Nation to acknowledge and continually work to remedy the very significant inequities that are still a part of our policy."

Tribute to Sen. Abraham
Sen. Conrad pays tribute to Sen Abraham for his taking the lead in the Senate on high tech issues and immigration.

Protection the Rights of Immigrant Workers
Sen. Kennedy reads into the Congressional Record an editorial from the Boston Globe about the Office for the Special Counsel fighting discrimination against immigrant workders based on national origin and citizenship status.

No Help for Liberians
Sen. Reed expresses disappointment that the final immigration bill does not include a provision that allows Liberian nationals living in this country to adjust status

Peopling of America
Added as an amendment to H.R. 4020 was the Peopling of America Act which fosters an understanding of the diversity and contribution of the breadth of groups who have peopled the US, and strengthens the ability of the National Park Service to include groups and events otherwise not recognized in the peopling of the United States.


ILW.COM Featured Article of the Day

The Case Against Race Profiling in Immigration Enforcement
An abstract of an article by Kevin R. Johnson, Associate Dean for Academic Affairs and Professor of Law and Chicana/o Studies at the University of California at Davis School of Law, forthcoming in Washington University Law Quarterly, Vol. 78, January 2001.


Immigration News of the Day

Slavery's New Face
Newsweek reports that cases of immigrants forced into slavery are growing in the US.

INS Detainee Sues to Stop Force Feeding
According to The Birmingham News an Egyptian immigrant who protests his imprisonment by refusing to eat has taken the INS to court to stop the agency from force-feeding him.


ILW.COM Highlights of the Day

Why Did You Immigrate?
Speak your mind and read what others have to say.


ILW.COM Chats and Discussions of the Day

Special Chat with INS
Participate in a special chat with Linda Dodd-Major, Acting Director of DOJ/INS Office of Business Liaison, on Tuesday, December 19, 2000, at 9:00 p.m. Eastern (New Yok) time. Questions will be accepted beginning 15 minutes before the start of the chat.


Classifieds of the Day

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to editor@ilw.com.

HELP WANTED: Madison WI office needs someone to complete labor certification including RIR and H-1B paperwork. Work can be performed anywhere in the US. Full or part time. Contact Sardar Durrani at 608 255-9891 or 608 287-1110, or e-mail to durrani@facstaff.wisc.edu.


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