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Editor's Comments of the Day
The end of the year is an appropriate time to pause and look back over the immigration issues of the past year. The issues which we followed day to day, and in some cases hour to hour, can now be put in some kind of perspective. At this distance it seems the year 2000 will be remembered for three major issues.
By the beginning of the summer the H-1B bill seemed to be stalled in Congress. President Clinton wanted to link an increase in the number of H-1B visas to NACARA parity and an advance in the registry date. Competing versions of bills to increase the cap were introduced. Those in favor of increasing the cap on H-1Bs led by the Immigrant Support Network and those opposed agreed that H-1B workers were being exploited. This gave Congress the opportunity to craft a solution with increased portability provisions.
The Democrats pushed to include the NACARA parity for Central Americans, restoration of 245(i) and an advance in the registry date in the "Latino and Immigrant Fairness Act" as part of the year-end budget bill. The inability to agree on immigration measures was one of the factors which led to the government's failure to finalize the budget until more than two months into the fiscal year. The final compromise resulted in only a limited restoration of 245(i), but no advance in the registry date or NACARA parity. It did create a new visa category for beneficiaries of family based preference petitions who are waiting for their priority dates to become current continuting Congress traditional favoring keeping nuclear families intact.
The advance in the registry date and NACARA parity still enjoy widespread support among Democrats. It is unlikely we have heard the last of these issues. There are also issues to be resolved regarding agricultural workers. Longer term, there are issues about what is and should be the shaping force of American immigration policy. There will be plenty of immigration news in the year ahead.
Federal Register News of the Day
The INS announces that the 11th meeting of the
District Advisory Council on Immigration Matters (DACOIM), which provides the
NY INS District Director with recommendations on ways to improve customer
relations in the local jurisdiction and develops new partnerships with local
officials and community organizations, has been scheduled for January 25, 2001.
Cases of the Day
No Collateral Attack Without Showing Prejudice
[You will need Acrobat to read this file]
In US v. Suazo-Martinez, No, DKC 2000-0371 (Md. Dec. 20, 2000), the Defendant was charged with reenty after deportation for an aggravated felony. The court rejected the collateral attack on the underlying deportation on the grounds that the change in the definition of an aggravated was retroactive, so even if his offense would not have been an aggravated felony at the time of the offense he could not now show prejudice.
ILW.COM Featured Article of the Day
INS Proposed Rule Suggests That Good Asylum Claim Can Arise From Gender-Based Domestic Violence
Carl R. Baldwin writes about the proposed INS rule was published in the Federal Register on December 7, 2000, which addresses the extent to which victims of domestic violence may have been persecuted under the asylum laws.
Immigration News of the Day
Holidays No Longer Just About Christmas
According to the Christian Science
Monitor America's holiday celebrations are quickly multiplying which reflects America's
increasing diversity, as well as the mounting cultural confidence of its minorities.
Minorities Now the Majority in California
The Salt Lake Tribune reports that
US Census Bureau estimates show that no ethnicity is the majority in California and within
a year Asians will surpass whites to become San Francisco's No. 1 minority among minorities.
ILW.COM Highlights of the Day
Happy New Year
ILW.COM wishes all its members and visitors a happy, healthy and prosperous New Year.
ILW.COM Chats and Discussions of the Day
Chat with Robert Hollander
Attorney Robert Hollander will answer questions on all aspects of immigration law on Tuesday, January 2, 2001, at 9:00 p.m. Eastnern (New York) time. Questions will be accpeted starting 15 minutes before the beginning of the chat.
Letters to the Editor
Recently, the State of Iowa announced an initiative to encourage immigrants
to come there in an attempt to alleviate a chronic shortage of skilled labor
resulting from a persistently and perilously low birth rate. This is the
same problem that low tech industries throughout the nation, and especially
in the aging Rust Belt states, are experiencing. It now seems as if Iowa is
retreating from this trial balloon. What is puzzling is the skepticism
towards such imaginative thinking from the American Immigration Lawyers
Association ("AILA") which argues for a general expansion of immigration quotas. That
makes sense but so does an encouragement of any strategy that recognizes the
importance of employment-based immigration to the American economy. The more
that immigration is seen as an economic asset to be maximized rather than a
political issue to be debated, the more a strong and sustaining basis for it
will have been laid. What Iowa tried to do is something that AILA should
embrace not oppose. Why they failed to do so suggests that the immigration
bar fails to appreciate how and why employment-based immigration is truely
in all of our national interest.
Gary E. Endelman
I was delighted to stumble upon your website. I am working on a divorce
involving an L-2 visa holder and her L-2 visa children. They are dependents
on Husband's L-1 visa.
He owes her about $7000 in back child support, and she lost her home due to
the unpaid support.
The court has ordered she stay here with the kids until the issue is
resolved. He wants custody, then divorce, then she's outta here because her
status will be terminated.
Has anyone dealt with dependent divorces? I am ready to draft and submit
federal legislation to the effect that if the L or H visa holder fails to
support his dependents, the whole pack of them are deportable.
I hope this finds a spot somewhere on your site.
Classifieds of the Day
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HELP WANTED: IMMIGRATION ATTORNEYS, PARALEGALS, LEGAL ASSISTANTS
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