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Immigration Daily May 31, 2002
Previous Issues


Editor's Comments

The Federal District Court in New Jersey held that there exists a qualified right of public access to deportation hearings protected by the First Amendment. This struck a blow against the Department of Justice's (DOJ) efforts to hold many deportation hearings in secret. The DOJ issued a statement in response saying "the closure of these hearings is vital to the ongoing efforts of law enforcement to take reasonable but necessary steps to protect our national security." Today's Daily also features 4 cases and 4 letters to the editor among other news items from DOL, DOS and INS. Please scroll down to find the item(s) of interest to you.


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Featured Article

DOL Proposes New Labor Certification System
Cyrus D. Mehta points out that a "worrying aspect of the [DOL's] proposed rule is that it would eliminate alternative requirements as a means of qualifying for the job opportunity."


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Immigration Law News

Wage And Hour LCA Consent Decree With Employer Approved
The Office of Administrative Law Judges of the Department of Labor approved a consent decree entered into by the Wage and Hour Division of the Department of Labor and J&L Engineering Inc. in a matter involving a Labor Condition Application.

Deportation Proceedings Commence With Filing With Immigration Court, Not With Service Upon Alien
In Armendariz-Montoya v. Sonchik, No. 01-16029 (9th Cir. May 30, 2002), the court said that deportation proceedings commence with the filing of an order to show cause with the Immigration Court, not with the service of such order upon the alien; and that since the Petitioner pleaded not guilty and elected a jury trial, therefore application of section 440(d) of AEDPA does not result in any retroactive effect making that section applicable to him and barring him from 212(c) relief; and that the application of 440(d) of AEDPA does not violate equal protection.

77 Months Is Proportionate Sentence For Illegal Reentry By Deported Aggravated Felon
In US v. Lacayo-Garcia, No. 01-4118 (10th Cir. May 29, 2002), the court held that seventy-seven months of imprisonment is not disproportionate to the crime of illegal reentry by a deported aggravated felon.

District Court's Sentencing Remarks Render Sentence Unreviewable
In US v. Villela-Luna, No. 01-2321 (10th Cir. May 29, 2002), the court said that the district court's sentencing decision was not reviewable since the district court's statement at sentencing was either unambiguous in that the court was aware it had discretion to depart downward and refused to exercise that discretion, or it was ambiguous in that it was aware that it had discretion to depart downward and refused to exercise it.

Motion To Reconsider Denial Of Untimely Motion To Reopen Denied
In Tafesse v. INS, No. 01-2203 (4th Cir. May 29, 2002), the court affirmed the order of the Board of Immigration Appeals denying Petitioner's motion to reconsider denial of her untimely motion to reopen.

Right Of Public Access Exists In Deportation Hearings
In North Jersey Media Group v. Ashcroft, No. Civil Action 02-967 (District Court of New Jersey, May, 2002), the court held that there exists a qualified right of public access to deportation hearings protected by the First Amendment and that the government's law enforcement concerns could be well served by closing specific proceedings regarding particular deportees and that the memo by Chief Immigration Judge Creppy to close hearings and impose other restrictions on many deportation cases was not tailored to serve the interests asserted by the government.

DOJ Says Closure Of Hearings Vital To National Security
Responding to the District Court's decision in North Jersey Media Group v. Ashcroft, No. Civil Action 02-967 (District Court of New Jersey, May, 2002) which ordered an injunction against the government's closure of deportation hearings to the press, the Department of Justice issued a statement saying "the closure of these hearings is vital to the ongoing efforts of law enforcement to take reasonable but necessary steps to protect our national security."

DOS Overview Of Implementation Of Trafficking Victims Protection Act
The Office to Monitor and Combat Trafficking in Persons of the Department of State released its "Overview of the Administrationís Implementation of the Trafficking Victims Protection Act of 2000."

INS Proposes Rule For B Visitors To Accept Honoraria In Accordance With ACWIA
INS proposed to amend its regulation relating to the acceptance of academic honoraria by nonimmigrant aliens admitted to the United States as B visitors to implement changes to section 212 of the Immigration and Nationality Act made by the American Competitiveness and Workforce Improvement Act of 1998. The amendment outlines the proposed procedures necessary for a nonimmigrant alien visiting the United States in valid B status to accept honoraria in connection with usual academic activities.

INS Seeks Comments
INS is seeking comments on Visa waiver program carrier agreement, Form I-775; application for waiver of passport and/or visa, Form I-193; application for transfer of petition for naturalization, Form N-455; application to payoff or discharge alien crewman, Form I-408; application for naturalization, Form N-400; and supplementary statement for graduate medical trainees, Form I-644.


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CEO Of Multi-Billion Dollar Staffing Company Talks About H-1Bs
ComputerWorld quoted Jeff Joerres, chairman and CEO of Milwaukee-based Manpower Inc., an $11.8 billion staffing services company that counts among its clients 98 of the Fortune 100 companies thus "[Unemployed U.S. IT workers] may not have the right skills. They may not have the mobility. When push comes to shove, they're not going to move to Des Moines. Someone from India might say, 'I'm an SAP programmer, I'll move to Des Moines for three years.' So there is a geographical imbalance, and the skills now have become more and more discrete."

INS Says No To Part Time Students From Canada And Mexico
CNN.com reports "Canadian and Mexican students will no longer be allowed to enroll part-time in U.S. colleges under a government policy change that has taken schools and students by surprise."

The Wild West In Texas
In a 3-page long article, the Dallas Observer says "Border authorities fear a return to the law of the Wild West as Texas homeowners take up guns against illegal Mexican immigrants."


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Letters to the Editor

Dear Editor:
I am heartened to see you defend your actions in providing a link to an anti-immigration (even racist) site, in the face of Mr. Horton's disgust. Mr. Horton should be aware of the existence of such a site, as should everyone who tries to provide fair treatment to immigrants. It does not serve us well to try to cover over the nastiness of the opposition; it not only smells bad, it spreads disease in the form of punitive legislation. As you say, outside the Beltway is a vast range of opinion from positive to negative, and actually the Web is a great place to sample it, however distasteful. Vigilance (staying well informed) is the price of liberty, as somebody said a couple of hundred years ago.

Margaret Wise

Dear Editor:
Further to the comments about publishing hateful letters from Billings, Montana - unfortunately hate exists. The best way to deal with it in our democratic society is by exposure. You may find the website of the Anti Defamation League of interest in this struggle. www.adl.org.

Eugene Goldstein

Dear Editor:
I read the "Editor's Comments" posted on 5/30/02 and am concerned by something you said.

In the second paragraph you implied that anyone who is opposed to immigration to the U.S., as it occurs now, must be a racist. With that in mind, I read the article about the deported German citizen and the "discussions". I think one woman who responded summed it up best when she said, in part, "...shame on bigotry of any kind."

My reasons for wanting reduced immigration have nothing to do with racism, xenophobia or whatever term is in vogue this week. I'm disgusted by the racism involved in discussions over immigration. I want to see immigration reduced because I don't think the U.S. can cope with the sheer numbers in the long run. I don't care where the immigrants are from. Maybe it's like a flood; you can feel badly about the damage the flood causes without hating every drop of rain that caused the flood.

If there's to be any hope of a rational solution to the "immigration problem", we're going to have to stop labeling each other. As evidenced by the "discussions" after the Billings article, there's plenty of ignorance on both sides. As a union officer, I've had some training in problem solving. I'm not the "sharpest knife in the drawer", but I know that there's not much chance to solve a problem if the parties refuse to even try to understand the other party's position. Hopefully, the "immigration problem" will be solved by sensible people, not the radical fringes from both sides of the issue.

Some time ago I said that I would confine my letters to statements of fact. If some feel I have violated that commitment, I apologize. The fact is, though, that a person can be opposed to present levels of immigration without deserving some of the more common labels. And every time someone falsely labels me as a racist, I'll reserve the right to respond.

John H. Frecker
Baileyville, ME

Dear Editor:
I wholeheartedly agree with Mr. Horton. You failed to see that by publishing the article in its entirety you gave voice to a message that is different from the newsworthiness of the article itself. The article was not about hate mongering or bigotry, the article was about a man who, for procedural violations, had been deported from the United States; the article did not discuss those procedural violations, but was quick to blame INS - tabloid journalism, a la Tancredo. Your publishing the link, which included an unrelated and unexpected reaction to the content of the article is simply poor editorial judgment.

David D. Murray, Esq.


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. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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