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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 20, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
INS News of the Day
DOS News of the Day
Immigration News of the Day
ILW.COM Highlights 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 budgeted salaries and expenses for the INS are summarized in the conference report on the appropriations bill beginning at page H12451. The total appropriated is $3,125,876,000. It is assumed that $1,549,480,000 will be collected in fees making the total budget amount $4,808,658,000. Consistent with the concept of separating immigration enforcement from services, the funds are separated into two accounts: Enforcement and Border Affairs, and Citizenship and Benefits, Immigration Support and Program Direction. The conference agreement inlcudes appropriations of $2,547,057,000 for Enforcement and Border Affairs, and $578,819,000 for Citizenship and Benefits, Immigration Support and Program Direction. The report notes that Congress has provided significant additional resources to INS over the past three years to address the naturalization backlog, improve the integrity of the naturalization process, but serious concerns remain about the INS' failure to manage its resources. According to the report committees continue to receive complaints from members of Congress and their constituents about the problems of backlogs in application processing and casework and deficiencies in other services.

More than half the budget is devoted to enforcement, but this is an example of a problem which is not solved simply by spending more money. As the report notes, the INS has failed to hire the 1,000 new border patrol agents provided for in each of the past two fiscal years. The recognition in the report that complaints from members of Congress and their constituents and focus on the problems of backlogs and deficiencies in services is evidence that the voices of those who contact their representatives about immigration issues are being heard. Maybe if those voices become louder they will cease to ignored.

The haste with which Congress finalized the omnibus spending bill means dates and figures in the conference report may be subject to correction in the final version.


Federal Register News of the Day

New NAFTA Occupations
The INS proposes to add the occupations of actuary and plant pathologist to the list of professionals eligible for TN status under NAFTA.


Cases of the Day

Showing of Reliance Required for Discretionary Relief
[You will need Acrobat to read this file]
In Groccia v. Reno, No. 00-1451 (1st. Cir. Dec. 18, 2000), the court found the Petitioner was not elgible for discretionary relief because he did offer any showing of reliance on the availabilty of such relief at the time he pleaded guilty to a drug offense.

Alien Advised of Right to Appeal
[You will need Acrobat to read this file]
The Magistrate Judge in his amended report and recommendation in Nunez v. INS, No. 99 Civ. 3620 (LAP)(FM) (S.D.N.Y. Dec. 12, 2000), rejected Petitioner's argument that his waiver of his right to appeal was not made knowingly and intelligently because the record showed that the Petitioner had been advised of his right to appeal and was fully aware of the specific charges against him.


INS News of the Day

EOIR Phone Tree
An interactive voice response system, commonly known as a "phone tree," was activated at the Office of the Chief Clerk, Board of Immigration Appeals ("BIA") on Friday, December 15. The 24-hour-per day, 7-day-per-week, phone tree was installed in response to the continuous increase in requests for case processing information and the need to provide accurate information to callers.


DOS News of the Day

US Contributes $125 Million to the UN High Commissioner for Refugees
A Department of State press release announced that the US has made an initial contribution of $125 million to the United Nations High Commissioner for Refugees (UNHCR) for its 2001 Annual Programs which will allow the UNHCR to provide assistance to the nearly 23 million refugees and other persons of concern during the early months of 2001.

IAWG Report on US International Exchange and Training Programs
The Interagency Working Group on U.S. Government-Sponsored International Exchanges and Training (IAWG) announces the availability of its FY 1999 Annual Report. The report includes information on more than 180 international exchanges and training programs and is available at http://www.iawg.gov/.


Immigration News of the Day

Humanitarians Test the Law in Aiding Border Crossers
The Los Angeles Times reports that church leaders and self-styled good Samaritans have begun offering a range of aid to prevent immigrant deaths through strategies that are being compared to the 1980's sanctuary movement, in which scores of churches and synagogues nationwide agreed to shield Central American refugees from deportation.

Al-Najjir's Backers Demand an End to FBI's Harassment'
According to the St. Petersburg Times Mazen Al-Najjar, who was accused as a terrorist but charged with no crime, returned home after spending more than three years in detention and is planning to fight his ordered deportation in the 11th Circuit in January. Critics charge that the detention of Al-Najjar on secret evidence, and other cases like his across the US, are examples of people being targeted for unpopular politics.


ILW.COM Highlights of the Day

Part Time Husbands
Read true inspiring and moving immigrant stories in Immigrantís Diary.


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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