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Immigration Daily January 10, 2003
Previous Issues
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Editor's Comments

ILW.COM is a platform for the exchange of information on immigration law. One of the ways in which we facilitate this information exchange is through our "Chat With Lawyers" section. With three chats most weeks, ILW.COM has more immigration law chat than any website on the internet. Our chats are moderated by an ILW.COM immigration attorney, and permit an audience of about 100-200 to chat with one immigration lawyer in a chat session of one hour. Several ILW.COM member attorneys find chatting an effective way to develop clients. Many attorneys have reported that chatting helped them learn about a broader spectrum of immigrants than typically seen by a law office, and have called it a fun and educational experience. Only ILW.COM member attorneys may chat. To schedule a training session, or to explore whether chat would be interesting for you, please send an email to webmaster@ilw.com.

For those unfamiliar with this exciting new communication and client-development tool, you may want to take 5 minutes to attend one of our free chats, and see for yourself. Our chat calendar is at: http://www.ilw.com/chat/


ILW.COM Focus

Why Criminal Issues Matter To All Immigration Attorneys

Since IIRIRA, the government has gradually "criminalized" immigration practice, including business immigration practice. About the only thing that is not yet an aggravated felony is jaywalking. Recent government initiatives on Change of Address enforcement and Special Registration will likely morph gradually "criminalizing" immigration practice further as and when non-compliance or late-compliance on AR-11s and registration is transformed from an administrative and technical lapse into a felony. Immigration practice, particularly business immigration practice is slowly changing from being primarily adminstrative practice involving forms to a semi-litigational one where administrative hearings are part-and-parcel of the attorney's lot. To confront the new business realities, it is important for immigration practitioners to arm themselves with the concepts surrounding criminal issues.

Our new seminar "Immigration Consequences of Criminal Convictions: Problems, Solutions and Best Practices" (January 23, February 13, March 20) is led by noted business immigration expert Angelo Paparelli. Joining him is a veritable who's who of experts in this area - Dan Kesselbrenner who is widely revered for his scholarship, Lory Rosenberg who served until recently on the Board of Immigration Appeals, and Norton Tooby who has the most experience in speaking on this topic for many years. Please click on the links below for a detailed curriculum and bios for the speakers.

Whether you are in business immigration practice, family immigration practice, deportation practice or any other kind of immigration practice, you will likely benefit from the wealth of knowledge from this seminar series. You can take our phone seminars from the convenience of your office. Your staff and professional colleagues can also attend the seminars with you at no extra cost on a shared speaker-phone at your office. Our seminar speakers are given sufficient time to explore issues in depth with our audience, including lengthy and detailed Q&A sessions. To propel your practice ahead in 2003, click on the links below to learn more.

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


Featured Article

Seventh Circuit Admonishes Immigration Judge for Violating Due Process Rights of Asylum Applicant
Carl R. Baldwin writes about the recent Kerciku v. INS decision.


Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/

Immigration Law News

Restoration Of Fairness In Immigration Act of 2003 Introduced
Congress introduced today the "Restoration of Fairness in Immigration Act of 2003". During the debate, Rep. Conyers (D - MI) said, "... We continue to see the tragedy of September 11th used as an excuse for even more assaults on the rights of immigrants."

U.S. Employee, Family Unity and Legalization Act (USEFUL) Introduced
Rep. Gutierrez (D - IL) introduced legislation called the USEFUL Act that will enable immigrants now in the country to become eligible for permanent residency if they have lived in the U.S. for at least 5 years, regardless of their current immigration status.

Rep. Tancredo Speaks On Illegal Immigration
During a debate to pass a bill to provide an extension of unemployment benefits to millions of Americans who find themselves out of work, Rep. Tancredo (D - CO) said, "But why do we not look at the fact that if we secure our own borders, if we ask people who are here illegally to return to their country of origin, that we would immediately provide millions of jobs for American citizens? Only we would not have to spend another dollar; we would not have to appropriate any more money."

Recognition of the Dominican American National Roundtable By Congress
Rep. Diaz-Balart (R - FL) recognized the Dominican American National Roundtable as it celebrated five years of serving the interests of the Dominican community living in the US.

INS Issues Special Registration Reminder
The INS reminds certain temporary foreign visitors of thirteen countries of a requirement to register with INS as part of the second phase of the National Security Entry-Exit Registration System (NSEERS), being implemented by the INS to fulfill a Congressional mandate to implement a comprehensive entry-exit program by 2005.

Acquiring Permanent Residence By Fraud Creates Ineligibilty For Cancellation Of Removal
In re Koloamatangi, 23 I&N Dec.548 (BIA 2003) (Jan. 8, 2003), the Board of Immigration Appeals (BIA) said the alien who acquired permanent residence status through fraud had never been lawfully admitted for permanent residence and therefore, was ineligible for cancellation of removal under Section 240A(a) of the INA.

Au Pair Program Information From DOS
The Bureau of Educational and Cultural Affairs, U.S. Department of State issued information on the Au Pair program, including: What you need to know about the Au Pair program, weekly wages due to Au Pair program participants, and the current sponsor list.

District Court's Sentencing Decision Is Not Reviewable Where Court Understands Its Authority To Depart
In US v. Cisneros-Gallegos, No. 02-2397 (8th Cir. Jan. 8, 2003), the court said Defendant's petition arguing for downward departure based on an overrepresentation of his criminal history, pursuant to his guilty plea of illegal re-entry following deportation after conviction for an aggravated felony, was not reviewable since the district court explicitly acknowledged its authority to depart.

Rep. Grijalva Calls For Investigation Of "Vigilante Groups"
The Arizona Republic reports "In his first official action as a new member of Congress, Rep. Raul Grijalva called on federal authorities to investigate vigilante groups in southern Arizona, warning that the groups have created "an atmosphere of fear" along the U.S.-Mexican border."


Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info: http://www.ilw.com/membership/

Classifieds

Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients? USADWEB, LLC is the premier ad agency designed with the immigration attorney’s needs in mind. Our job is to make your job easier. Our knowledgeable staff has experience with all types of recruitment media including newspapers, journals, Internet, college recruitment and more. We will provide you with expert guidance on placing advertisements and the lowest costs available from any publication. We offer one stop service and accountability for the entire advertisement recruitment effort. Our job is done only when we have mailed your client’s tearsheet or affidavit to you. You can leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: We will help you establish a recruitment pattern that is acceptable to the Department of Labor (DOL). Simply describe your advertisement needs to us, and we will work hard to satisfy those needs. We offer a wide range of services and bring to the table expert knowledge in DOL compliant advertisement. We work with you to help assure your certifications. Have you been asked to re-advertise based on industry layoffs? With only 35 days to respond to the DOL, you need tearsheets quickly. We make these situations simple and easy for you by providing prompt, efficient service and aggressive follow-up with publications to help ensure you get what you need to complete your case in timely fashion. Regular Labor Certification (RLC) Advertisements: Labor issues are constantly changing. With layoffs prevalent in many industries, many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing SWA (SESA) advertising instructions and placing advertisements. We will proofread your advertisements and place them promptly in the next available publication as SWA instructed. Give us a chance to handle your clients’ recruitment needs. We will impress you! Please visit our website at: http://www.USadWEB.com. For more information, please contact us via email at: howard@usadweb.com or call us at 1-866 USADWEB (1-866 872-3932).

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Letters to the Editor

Dear Editor:
In her letter to the Editor, Kendra Bunn writes that ILW.COM would do a service to its readers by eliminating the "extreme liberal ideas" in its editorial comments. I must have missed something. The comment that Ms. Bunn finds so distasteful amounts to nothing more than a criticism of one of the stated purposes of special registration. How such criticism can be branded as being "extreme liberal" is more than a bit perplexing. The special registration program and the manner in which it has been implemented can be equally despised by conservatives, liberals, and civil libertarians alike. I'll make it plain for Ms. Bunn: you don't have to be a flaming liberal to look at what happened in Los Angeles with disgust. Of course, I'll certainly keep Ms. Bunn's comments in mind if any of my clients with pending adjustment applications wind up handcuffed and detained. I'll simply tell them (or, more likely, their relatives) that there are "obvious reasons" for special registration and that I better not hear them "ridiculing" our government's attempts to improve security. I'll tell them to cool their heels because, as everyone knows, "no process is ever perfect from its inception." I'm sure they'll understand.

Joseph Kranyak
Bruce A. Hake, P.C., Damascus, Maryland

Dear Editor:
The January 9th comments by L.L. and Kendra L. Bunn urging a more balanced editorial posture are appropriate and even overdue. Your recent reference to the "Fortress America" people and continual myopic urgings of limitless numbers of immigrants seemingly oblivious to the many social and dollar costs and valid security concerns are typical examples. Those alarmed about the security and safety of America as relates to lax immigration and border policies cannot be so summarily dismissed as is done by your erudite manner and may well display superior motives than bottom-line benefit. The logic relating to the futility and unfairness of continual amnesties or a program disguised as an amnesty, is beyond reproach. Any guest worker program must be strictly controlled and regulated and that guest must at some point leave and return, otherwise a fraud is imposed. A "guest" who visited your home and never left is not really a guest, but a resident. And no program relating to immigration can be successful until our air, sea and land borders are fully secured and visitors tightly monitored as some will find a way to exploit any border or program not so controlled. And contrary to your oft-heard comment, such restrictions need not be overly burdensome to citizens, but can be primarily applicable to non-citizens. Your "facts and figures" that seem to indicate that we have a need for more foreign workers may have some validity only because Americans are over-taxed which tends to restrict family size. The proper solution to this is to reduce government spending to proper, limited purposes and to allow families to keep more of their incomes and jobs that pay a livable wage, not to invite huge numbers of the world's workers who are accustomed to a lower standard of living to displace workers here because they may work for less. The long term effects of this are disastrous, at least to most Americans.

R. L. Ranger

Dear Editor:
Our case for removal of conditions has been pending in the Texas center for over a year after the date of interview without any result being announced. Is it normal? Do you have any contact # besides the ones on the website of INS that doesn't work?

Tamirisa

Editor's Note: Try posting your question on our discussion board for possible responses. To post a question, click here.

Dear Editor:
The following statement was released by Jeanne Butterfield Executive Director, American Immigration Lawyers Association.

Immigration Special Registration Must Be Repealed, Say Immigration Lawyers on Eve of Second Round of Deadlines. Substantial Problems Jeopardize, Rather Than Protect, National Security

The special registration program that the U.S. Government has put into place is a misguided attempt to increase our nation's security. The American people deserve better than this false solution to a very real problem. Our nation will not be made more secure by requiring innocent immigrants to report to INS offices to register, only to find themselves subject to arbitrary arrest, detention, abuse and possible deportation. We urge the Department of Justice/Immigration and Naturalization Service to spend their limited resources in more effective and sensible ways. Programs to enhance our nation's security should target terrorists, not innocent people. The special registration program is fundamentally flawed. The program substitutes national origin/racial/religious profiling for effective law enforcement profiling based on intelligence information. The program is also deeply flawed in its implementation. The INS has used special registration to detain people who are on the path to permanent residency. Hundreds of arrests have resulted. The Department of Justice (DOJ) has not given the INS the necessary staff, resources and guidance to implement the program. As a result, dozens of people attempting to comply with the law have been turned away and told to come back at a future time. Finally, even though the INS has not effectively educated the public about the program, those who reported "late" after hearing about the program through news reports, friends and lawyers have been detained and told that they are being punished for reporting after the deadline. We call on President Bush to end this misguided program. At the very least, existing deadlines must be extended so that implementation problems can be addressed and corrected. Necessary corrections include:

*Special registration (or other future programs) should not detain or deport people who have a claim to legal status. It makes no sense from security or economic perspectives to target people who eventually will be granted lawful status. These people have applications pending for lawful permanent status, have been issued employment authorization documents, or are otherwise are eligible for lawful status. They are technically and temporary "out of status" due to INS delays and inefficiencies.

*The DOJ/INS must adequately publicize program requirements, initiate effective outreach programs, and not penalize those who did not register because they did not know about the program. The DOJ/INS needs to do a better job of effectively disseminating information and take responsibility for inadequately publicizing this program and its requirements. The DOJ/INS needs to grant waivers for those who did not register for the program because they had no knowledge of it or because of the fear created by the mass arrests of registrants in some offices.

*The DOJ/INS must implement uniform procedures in their district offices that make sense. Because the DOJ/INS has provided insufficient guidance to district offices, these offices have used their discretion to adopt widely disparate procedures to implement special registration. Such disparities should end, replaced by uniform procedures that make sense.

*The DOJ/INS needs to clarify registration requirements. The registration requirements are unclear. The result has been that some people are being turned away from registration centers while others are unsure if they are required to register. The lack of meaningful outreach to the affected communities makes this problem even worse.

* The DOJ/INS must take steps to guard against another potential trap for innocent visitors. A little-publicized rule in special registration requires those who have been registered to report to Departure Control each time they leave the U.S. Few registrants are given clear information about this rule, but if they fail to follow it correctly, they will be forever barred from returning to the U.S.

Dane Vandenberg


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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