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Immigration Daily January 6, 2003
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Editor's Comments

There is wide support in DC for a large immigration initiative later in 2003 as reflected in recent news reports we have linked to. Former House Speaker Gingrich, Rep. Tancredo (R-CO) and the White House are all apparently at work on a guest worker program which might embrace more than a million people, including those currently undocumented. While there are not many supporters yet on the right for a legalization component to such guest worker legislation, political realities will likely dictate that a modest number of immigrants be part of the overall guest worker legislation. What this new guest worker program might do is to replace the current H2A and H2B categories with something better - without the dual temporary concept, and maybe even with dual intent. If that happens, and it is a big if, this may be as big a boon to immigration lawyers as the H1B boom was. Of course, all of us will have to wait and see what happens - immigration, though important, is not the top priority in DC right now, with war clouds looming.


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Featured Article

Special Problems and Advanced Strategies Part 2
George N. Lester IV writes about how to handle particularly challenging situations faced by H-1B petitioners, focusing on what options are available when the H-1B employee is reaching the six-year maximum.

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Immigration Law News

INS Issues Proposed Manifest Rule
The INS issued a proposed rule which requires the submission of arrival and departure manifests electroniically in advance of an aircraft or vessel's arrival in or departure from the US. Written comments must be submitted on or before February 3, 2003.

Actual Text Of Homeland Security Act
The actual text of H.R. 5005, an Act to establish the Department of Homeland Security appears here.

Deportation Does Not Moot Habeas Petition Where Collateral Consequences Continue
In Zegarra-Gomez v. INS, No. 01-57021 (9th Cir. Jan. 02, 2003), the court held that where an alien is deported during the pendancy of a habeas petition, the fact of his deportation does not render the habeas petition moot where there are collateral consequences arising from the deportation that create concrete legal disadvantages, such as being ineligible to seek cancellation of removal for twenty years after deportation as an aggravated felon.

7th Circuit Stays Removal Where US Citizen Daughters May Be Subject To FGM
In Nwaokolo v. INS, No. 02-2964 (7th Cir. Dec. 27, 2002), the court ordered further briefing on whether the Board of Immigration Appeals (BIA) was required to consider the hardship to Petitioner's US citizen's daughters in denying her motion to re-open and on whether the INS has an obligation to notify the appropriate state authorities charged with protecting child welfare when it has reason to believe that the removal of an alien parent would place the US citizen child at risk of physical injury. In this per curiam opinion (Judge Posner was on the panel) the court considered the petition of a citizen of Nigeria who had been ordered deported and whose two US citizen daughters would likely be immediately subject to female genital mutiliation (FGM) in Nigeria. The court said, "the government could never do to these girls in this country what the INS seems all too willing to allow to happen to them in Nigeria."

DOL Accepts Stipulated Consent
In the Matter of Wage and Hour Division v. Reliance Systems, No. 2002-LCA-15 (OALJ, Jan. 2, 2003), the Office of Administrative Law Judges accepted the provisions of the stipulated consent decree.

DOS Speaks On Possible Closing Of US Embassy In Caracas
The Department of State Office of the Spokesman responded to a question on whether the US Embassy in Caracas, Venezuela is planning to cease visa operations as of January 20, 2002.

7th Circuit Calls Female Genital Mutilation Torture
The Washington Post reports "Calling female genital mutilation a form of "torture," the U.S. Appeals Court for the 7th Circuit last Friday granted Philomena Nwaokolo's request for a review of her case to ensure that her toddler daughter is "not forced into exile to be tortured."

Immigration Fraud Is Fastest Growing Crime In California
The Herald Tribune, of Sarasota, Florida quotes the Deputy District Attorney of Santa Clara County, CA saying "immigration fraud is the fastest growing crime in California."

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Letters to the Editor

Dear Editor:
I would be most grateful if someone would list the thirteen states which accept the matricula consular ID as I am interested in knowing which states these are as discussed in Mr. Alexander's letter. I would appreciate this information. I must have missed that press release by President Fox.

Richard E. Baer, DVM

Dear Editor:
This protest is being held Saturday, January 4, 2003, Noon to 1 PM Place: INS Los Angeles District Office, Federal Building, 300 N. Los Angeles Street, Los Angeles, Ca. 90012 because of the mass warrantless illegal arrests of Middle-Eastern males who showed-up for INS's mandatory registration program in Los Angeles in December where many are still being detained. The program is supposed to "register" people, not target them for mass illegal arrests; Thousands of men who did not register by December because they rightly feared illegal arrest or because of the chaos at the INS office deserve an extension to register; The thousands of men required to register in January- February, 2003, should not again face mass arrests. The men arrested in December who are still detained should be quickly released on reasonable bails. Los Angeles appears to be the only city which used the registration program as a vehicle to make mass illegal arrests.

The protest is organized by the groups we represent in the pending lawsuit entitled American-Arab Anti-Discrimination Committee, et al. v. Ashcroft. Please remember that Ashcroft's "registration" program is starting with Middle Eastern males, but will soon encompass Latinos and all other immigrants. If mass arrests are permitted now in Los Angeles, there will be massive mass arrests here in the future. The INS in other major cities did NOT use the registration program as an excuse to make mass arrests.

Peter A. Schey, President
Center for Human Rights & Constitutional Law

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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