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Immigration Daily September 25, 2002
Previous Issues
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Editor's Comments

We have added updated versions of DS-11, DS-117, DS-156E, and I-694 to the immigration forms section of our website. For free, downloadable (and in many cases, fillable) immigration forms, please click here.


Deadline For Business Immigration Seminar Is Wednesday, September 25th

Wednesday, September 25th is the deadline to sign up for ILW.COM's seminar on H-1Bs, TNs, L-1s, O-1s, P-1s, and other non-immigrant employment visas. Attorneys, paralegals, in-house counsel, HR representatives and others will find this an excellent opportunity for an overview of this important area of immigration law.

For more info, including detailed curriculum, speaker bios, and registration information online, please click here.
For more info, including detailed curriculum, speaker bios, and registration information by fax, please click here.

Featured Article

A Heart And A Brain: Compassionate Self-Interest And US Immigration
Gary Endelman writes that immigration advocates and restrictionists are alike in being reactive rather than proactive, and both reject an internationalism which is based on the national interest.

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Immigration Law News

DOL Withdraws H2A Rules Due To Adverse Comments
The Department of Labor withdrew its final rule pertaining to the delegation of H2A adjudication to DOL by INS, pursuant to adverse comments, and also withdrew a related proposed rule.

ORR Invites Grant Applications
The Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services invited "submission of grant applications for funding, on a competitive basis, for Local/Community Outreach and/ or Services for Victims of a Severe Form of Trafficking."

Jurisidictional Requirements Satisfied In Ongoing IRCA Legalization Litigation
In Immigrant Assistance Project of the Los Angeles County Federation Of Labor v. INS, No. 99-35472 (9th Cir. Sep. 24, 2002), the court held individual Petitioners who alleged that they had filed a legalization application under IRCA satisfied all jurisdictional requirements and held that those individual Petitioners who alleged that INS policies and practices prevented them from filing their IRCA applications should be allowed to amend the complaint to satisfy jurisdictional requirements imposed by Congress after the Second Amended Complaint was filed.

Almendarez-Torres Not Overruled By Apprendi
In US v. Santos, No. 01-4525 (3rd Cir. Sep. 24, 2002), the court said that sentence enhancement for deportation subsequent to a conviction for commission of an aggravated felony is an enhanced penalty, but not for an element of the crime.

DOS On Visa Security Reviews
The Department of State issued a statement on Visa Security Reviews

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Undocumented Immigrants Are Not The Problem, Immigration Policy Is The Problem
An opinion column in the Arizona Republic says "the problem isn't immigrants, but immigration policy so fouled up that it makes criminals of people we should be welcoming."

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Letters to the Editor

Dear Editor:
After some 16 years of retirement from the INS, mostly among the tokens of our "success" at the border, I had begun to wonder if the Service still had any useful purpose. Then I read Rob Reuneman's "Don't Ask, Don't Tell" and Karen Weinstock's "Immigrants [both legal and illegal] Vital to Economy" and a happy thought occurred to me. The important purpose the INS plays today is in maintaining the illegal status of undocumented workers so that they may be more easily exploited by an economy dependent upon them. Now I feel much better knowing there is still a "service" in the mission of the INS.

Bill Glenn

Dear Editor:
Please take a moment as soon as possible between September 24, and Thursday morning, September 26, to contact your Senators. Also be sure to contact Senator Daschle at 202-224-2321. Urge them to vote "no" on the cloture vote on the Gramm/Miller substitute. (Cloture is a technical term that signals the end of debate. By not allowing debate to end, the Gramm/Miller bill would probably have to be withdrawn.) You can reach your Senators through their individual office numbers or through the congressional switchboard (202-224-3121).

The future of the Department of Homeland Security (DHS) is at a critical juncture in the Senate. From the start, immigration advocates have made clear that our ideal outcome would be for the immigration function to be entirely removed from the national security/homeland protection context. Unfortunately, immigration is part of the proposed DHS. The preferred model was passed by the Senate Governmental Affairs Committee in late July. In the last several weeks the Bush administration has leaned heavily on Republicans who were once supportive of our preferred immigration structure, and has been successful in peeling off many of our allies. Senators Gramm (R-TX) and Miller (D-GA) have introduced the White House's bill that would gut much of the preferred portions of the Governmental Affairs Committee proposal. Moreover, compromises on issues other than immigration may make it possible for some of our allies in the Senate to actually vote in favor of cloture and, ultimately, the Gramm-Miller bill, despite its immigration problems.

Word on Capitol Hill has it that Senators Gramm and Miller plan to offer their bill as a substitute to what is currently being considered on the Senate floor, the Governmental Affairs-passed bill, today. They will then present a cloture motion to move the bill forward by limiting debate and amendments that can be offered. The Senate would vote on the cloture petition on Thursday.

Here is what you could say: The Gramm/Miller substitute to the Senate Governmental Affairs Homeland Security bill contains many negative provisions, including ones that would: (1) Weaken the EOIR by codifying the AG's power over the courts, without codifying the role and structure of the courts, and deleting references to appellate review; (2) Propose an unworkable reorganization of our immigration functions by separating Border Patrol and inspections from the rest of immigration, which would make balance and coordination of immigration law enforcement and immigration service priorities extremely difficult; (3) Grant to the head of the newly created Border and Transportation Directorate the authority to establish rules and regulations on visa issuance as well as parole authority; (4) Make it difficult to establish a Civil Rights Office, as the substitute deletes all references in this bill to that office; and (5) Eliminate protections for unaccompanied minors by removing the requirement for the appointment of guardians ad litem and pro bono counsel.

For an explanation of how the immigration function might be better organized within the Department of Homeland Security (as proposed in the Senate Governmental Affairs Homeland Security bill that is now threatened), see the Forum's statement, "Immigration and the Department of Homeland Security":

Lynn Tramonte
Policy/Communications Associate
National Immigration Forum

Dear Editor:
Caveat Lector (Let the Reader Beware) More about "Words".

"I disapprove of what you say, but will defend to the death your right to say it." --Voltaire.

Exercising the right to write (right/write = homophones). A flashback to elementary school: an intimidating teacher criticized my essay, because I had used the word, "Megillah" in it. She took points off my essay, and told me that "Megillah" is not a word. I returned home that night, my head down, bewildered. My mother sent me back to school the next day, armed with a book as my proof, my only weapon. "Megillah" is a word, (a lengthy religious text--the word is used as "a lot of work or big effort" [Other ILW.COM readers can explain it better]. Off to battle at the age of seven, over a word. I was going to prove this word was indeed, "a real word!" "Disdain" was my teacher's reaction. Who ever thought I would end up as a lawyer?

I'm not infallible or omniscient, and I learn more from what I don't know, and my mistakes than when I am right. E-mail, after pressing "Send Now," usually cannot be retrieved. It often contains "forehead-slapping" {blimey/blarney], (and Freudian [deny/ever/never making] errors! (David M. in CA, pencil poem). The notion of the Queen's English (or King's English), depends on who is the ruler at the time. It is traced back to the sixteenth and seventeeth centuries. The monarch's usage was a model of speech and writing for society. See, e.g.,\sp/QueensEnglish.htm

Why did I promote "tautology" (redundancy)? I thought if viewed not as a matter of Black and White, but grey... too bad it wasn't left as an "errata" footnote. A hypothetical. What if a definition had been intended? Redundancy could have been viewed changed into a positive light. When I was on law review staff, I was instructed on two schools of thought for writing a law review article (note or comment!): 1) the scholarly approach, using erudite terminology under the assumption all readers understood the text; and 2) the "common practitioner" approach, encouraging definitions of words and phrases that might not be understood by all readers. My vantage point follows the second school of thought (because that was the one my school taught). If a writer intends to define a term for readers who may not know the meaning, it could be "justifiable tautology!" Legal terms, terms of art, acronyms, foreign language words/phrases, etc. may be defined (rather than assumed as understood) by writers following the second school of thought. Ciao.

"Cold" Immigration Atty. in Minnesota.

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 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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