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Immigration Daily


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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
October 15, 2001
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Editor's Comments

The Senate passed by a vote of 96 to 1 S. 1510, the "Uniting and Strengthening America Act" or the "USA Act of 2001." Title IV contains provisions effecting immigration. At the time of publication the House had just passed H.R. 2975, its version of an anti-terrorism bill which has immigration provisions at Title II. The final text of the bill as passed was not available at the time of publication. ILW.COM will bring it to you as soon as it available.


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Tip of the Day

Immigration Articles on ILW.COM

ILW.COM publishes articles on any aspect of immigration law. We encourage the submission of articles from attorneys, paralegals, professors, scholars, human resource managers and anyone effected by immigration law. We will not publish something we know to be factually inaccurate. Beyond that, we actively seek a variety of opinions and viewpoints. Articles do not have to be footnoted as though we were a traditional law journal. The length of an article is best determined by the subject it covers. Some topics can be covered in a few paragraphs while others may require many pages. An advantage of electronic publishing is the flexibility to carry articles of any length. With over 8,000 subscribers to the e-mail version having an article published in Immigration Daily is an economical way to express yourself, share your knowledge, and gain recognition in the field. Send articles in electronic format to or FAX to 212 563-4438.

ILW.COM Featured Article of the Day

Avoiding The Abyss: H-1B Strategies When Facing Reductions in Force (Part II)
In the second in this series on H-1B strategies when facing reductions in workforce, Yoshiko I. Robertson, an associate at Paparelli & Partners, LLP, writes about the employer's obligations for costs of return transportation abroad.

Immigration News

Police May Ask Passenger Immigration Status
In US v. Rodriguez-Arreola, No. 01-1034 (8th Cir. Oct. 12, 2001), the court held that is was not a violation of the Fourth Amendment to question a passenger in a car stopped for speeding about his immigration status. The court has made available the Appellant's brief, Appellee's brief and the Reply brief.

Prior Felony a Sentencing Factor
Consistent with its previous decisions, the court in US v. Chavas-Vargas, No. 01-4040 (10th Cir. Oct. 11, 2001), held that a prior felony conviction was a sentencing factor, rather than an element of the offense for an alien found in the US after having been deported.

Third Habeas Petition Denied
In Duran v. INS, No. 01-4252 (E.D. Pa. Sept. 28, 2001) the court dismissed Petitioner's third Habeas petition because the issues could have been raised in a previous petition.

Senate Passes Anti-Terrorism Bill
The Senate passed by a vote of 96 to 1 S. 1510, the "Uniting and Strengthening America Act" or the "USA Act of 2001." Title IV contains provisions effecting immigration.

House Hearing on INS Use of Information Technology to Guard Borders
The witness list for the House Subcommittee on Immigration oversight hearing on "Using Information Technology to Secure America's Borders: INS Problems with Planning and Implementation," included Congresswoman Sheila Jackson-Lee, Glenn Fine, Randolph Hite, Demetrios Papademetriou.

Immigration in the Press

Undocumented Students Will Pay In-State Tuition
According to the San Francisco Chronicle California Governor Gray Davis signed a bill to allow undocumented immigrants attending state colleges and universities to pay in-state tuition and to give them the right to state financial aid.

ILW.COM Chats and Discussions of the Day

Chat with Barry Lieber
Barry Lieber will answers questions on all aspects of immigration law on Monday, October 15, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

This Day in Immigration

From October 13, 2000

"Certification For Housekeeper Denied For Lack of Supervisory Duties In Dr. Michael Greene, 2000-INA-28 (BALCA Sept. 21, 2000), the Board of Alien Labor Certification Appeals (BALCA) agreed with the certifying officer (CO) that the duties as described by the employer were primarily performing tasks such as cooking, cleaning, laundry and child care, and so were those of a household worker and not a housekeeper."

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:

Letters to the Editor

Editor's Note: The following letter refers to South Carolina AG Proposes Two-Pronged Attack on Illegal Immigration" which we featured in the October 12, 2001, issue of Immigration Daily.

Dear Editor:

Based on the information attached above supplied by your Web site, which I have as a very good source in immigration matter, I am concerned about the following:

  • All the illegal immigrants in that state probably will leave that state before the law is passed, and therefore abandon their jobs;
  • Those relatives that are legal in support to their relatives probably will also abandon that state;
  • All the representatives of those groups of immigrants probably will also encourage them to leave the state ,and so on.
Due to the lack of understanding of the importance of the immigrants legal or illegal, that state will definitely suffer a shortage of people to clean their houses, watch their children, cut their lawn, etc., etc. Time will tell....



For information on advertising in the classifieds please click here.

Fragomen, Del Rey, Bernsen & Loewy, is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order to meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its ATLANTA, NEW YORK, NEW JERSEY,and CHICAGO offices. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-750-1121 or

The American Immigration Lawyers Association Litigation Conference on October 19, 2001 and Asylum Conference on October 20 will take place at the Wyndham Ambassador West Hotel, 1300 North State Parkway, Chicago, Illinois. The deadline for early registration and to secure a hotel room at the AILA Room Rate is October 3, 2001. Both these Conferences will provide information that you can immediately integrate into your practice. Complete Program Information and a Registration form is available at

American Immigration Lawyers Association, Central Florida Chapter (AILA-CFC) will be holding its 15th Annual Advanced-Level Immigration Law Seminar on October 26-27 at the Renaissance Orlando Resort, Orlando, Florida. Discounted hotel rates are available from the resort. Point of contact for information/registration is Steve Zawacki, or 407/831-6644.

MidSouth Chapter's Fall CLE Conference at the Hyatt Regency in Louisville Nov. 2 & 3. The title is "Where the Newest Rubber Meets the Road," because the conference will have its traditional professionally intimate setting conducive to lively questioning of the speakers (and erudite comments from the attendees) so that participants come away with the answers to their questions and with practical solutions to the newest situations posed by new laws, regulations and procedures. For agenda, registration form and details, click here.

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 Letters may be edited and may be published and otherwise used in any medium.
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Marc Ellis, Gary Endelman

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