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

The House by a vote of 411 to 15 has adopted the conference report on H.R. 2500, the appropriations bills for the Departments of Commerce, Justice and State. The conference agreement provides $2,739,695,000 for enforcement and border affairs, and $631,745,000 for citizenship and benefits, immigration support and program direction. The agreement assumes $2,142,926,000 will be available from offsetting fee collections. Approximately 57% of the monies spent by INS come from fees paid by beneficiaries, but only about 23% of the budget goes to provide benefits. While approximately 76% of INS budget is devoted to enforcement, only about 43% of the INS total budget comes from general taxpayer funds.

Perhaps splitting the INS in two will encourage Congress to puts its money where its priorities are.

The visa priority dates for the employment, family and diversity lottery categories have been updated.


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Tip of the Day

Problems Entering the ILW.COM Chat Room or Discussion Board

Many site users have complained that they are unable to get into the Chat Room to chat with an attorney and use the 24-hour public chat or the Discussion Board to post or reply to an immigration question. Site users will not be able to enter the chat room or discussion board if they do not have a recent computer (Pentium 90 MHz) and a recent browser such as Netscape 3, 4 and Explorer 4 or 5. ILW.COM offers many secure services for which it is essential to have a 128-bit encryption that only the recent browser versions offer. Users can easily download a free copy of the latest browser version at Microsoft or Netscape.

Site users will not be able to enter the chat room or discussion board if they are coming through a proxy server. Both programs are running on Port:83, which is a non-default port and many ISPs (Internet Service Provider) do not permit their clients to log onto a non-default port. In order to confirm this, users must try accessing If they are unable to do so, then users must contact their ISPs if they are accessing the chat room or discussion board from home or contact their Network Administrator if they are accessing the chat room or discussion board from work.

The final possibility that the users are unable to access a chat would be if they have a bug on their system. In order to detect the virus they must run a virus scan program or contact someone who can help them in this matter.

ILW.COM Featured Article of the Day

Physicians: The Shrinking Pool Of International Medical Grads
Carl Shusterman writes that the number of International Medical Graduates coming to do medical residencies in the US is decreasing, and about the implications this has for medically-underserved areas across the US.

Immigration News

IIRIRA's Reinstatement Provisions Not Retroactive
In Bejjani v. INS, No. 01-3117 (6th Cir. Nov. 14, 2001), the court held that IIRIRA's changes in the reinstatement of deportation orders apply only to re-entries which occurred after IIRIRA's effective date.

Military Order on Detention, Treatment, and Trial of Certain Non-Citizens
President Bush has signed a military order providing for military rather than judicial tribunals for any one who is not a US citizen and is a member of al Qaida or has "engaged in, aided or abetted, or conspired to commit, acts of international terrorism, or acts in preparation therefor, that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States, its citizens, national security, foreign policy, or economy," or have knowingly harbored one or more such people.

INS Statistics for September 2001
The INS statistics for September 2001 include figures on Inspections, Southwest Border Apprehensions, Immigration Benefits, Naturalization Benefits, Removals, Investigations, and Asylum.

Unaccompanied Juveniles in INS Custody
The Office of the Inspector General (OIG) focused on unaccompanied illegal juveniles who are detained by INS in shelters or secure detention facilities, and offers 28 recommendations to address the issues identified during the review.

Review of INS Policy on Releasing Illegal Aliens Pending Deportation Hearing
The Senate Committee on Governmental Affairs held a hearing on November November 13 on "Review of INS Policy on Releasing Illegal Aliens Pending Deportation Hearing." The testimony of Michael Pearson, and statements of Senators Collins and Levin are now available.

INS Amends Custody Review Process
The INS has published an interim rule and request for comments to amend the custody review process governing the detention of aliens who are the subject of a final order of removal, deportation or exclusion, in light of the decision of the Supreme Court in Zadvydas v. Davis.

Immigration in the Press

Restructuring Will Make INS Dual Focus Agency
The New York Times [registration required] reports that the INS will be split into service and law-enforcement branches beginning almost immediately and to be completed by September 30, 2003.

We Can't Afford to Be Cavalier About Our Borders
Senators Feinstein and Kyl write in the Los Angeles Times that the US must do a better job of protecting the home front--and that means preventing terrorists from entering or operating in the US.

This Day in Immigration

From November 15, 2000

"The INS has released its new detention standards. There are 37 chapters covering detainee services, health services, security and control, and definitions. The standards are scheduled to be implemented in INS-owned facilities in January of 2001, and be phased in at contract facilities over the next two years. The stated purpose of the standards is to ensure that all INS detainees receive consistent and fair treatment. Fair and consistent treatment are certainly worthy goals. But the INS has other duties imposed by Congress. Under the "Immigration Services and Infrastructure Improvements Act of 2000," (Title II of S. 2045) the INS must get the processing time for nonimmigrant visas down to less than 30 days and complete processing of other immigration benefit applications within 180 days. This will take even more resources and organization than protecting the rights of detainees. The agency now must show that it is truly the Immigration and Naturalization SERVICE and not just the Immigration and Naturalization Enforcement Agency."

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

Dear Editor:

The events of 11 September raised fears for many American citizens about their safety in a world where terrorism may strike suddenly and effectively. But those fears are fully matched by the justifiable fears of non-citizens that they will be subjected to suspicion, search, delay, and detention based on accidents of birthplace, appearance, gender and age. Kudos to Tien-Li Loke Walsh and Bernard P. Wolfsdorf, who detailed how this is happening in their article "Recent Developments and Updates on Travel Issues for Non-Citizen Workers," appearing on 14 November.

We immigration lawyers often serve our clients with advice that goes far beyond statute and case law, and information on what a non-citizen can expect when traveling is extremely valuable. This well-written and concise article not only helps us inform our clients about current practices; it may also impel us to serve as watchdogs, guarding the liberties of non-citizens against the real dangers of overreaction by zealous enforcement agencies.

Hans Christian Linnartz
Durham, NC


For information on advertising in the classifieds please click here.

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Presented by the Practicing Law Institute, November 27, 2001, 6:00 p.m. - 8:15 p.m. PLI New York Training Center, 21st Floor 810 Seventh Avenue (between 52nd and 53rd Streets) New York City. For details, click here.

There will be a New Jersey Institute for Continuing Legal Education (ICLE) seminar on Wednesday, December 5, 2001 from 9:00 AM to 5:00 PM at the Brunswick Hilton in East Brunswick, New Jersey. The seminar titled, Corporate Immigration Law: For Attorneys, In-House Counsel, & Human Resources Personnel: H-1B Requirements, will feature updates on the latest H-1 legislation regulations and will discuss recent developments in the field. For details, click here.

The Federal Bar Association, North East Ohio Chapter in conjunction with the Cleveland Immigration and Naturalization Service, present the 2001 Immigration and Naturalization Seminar on December 7, 2001. This Seminar will address current developments impacting immigration law in response to the tragic events of September 11, 2001. The seminar will be held at the Marriott at Key Center, In Cleveland, Ohio from 7:30 am - 5:00 pm. The CLE includes 7.5 hours of credit with .5 hours of Substance Abuse. For details, click here.

On January 31st & February 1st 2002, the National Immigration Forum will host its inaugural conference A Nation of Immigrants in the 21st Century: Moving Forward in a Time of New Challenges. The conference will be held at the Mayflower Hotel in Washington, D.C. For details, click here. For registration form, 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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