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Immigration Daily

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Immigration Daily March 6, 2003
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Editor's Comments

An Invitation

ILW.COM exists to serve our readership and provide the latest news in immigration law. We depend on submissions from individuals who generously share their opinions and viewpoints on various areas of immigration law, and which appear in our Featured Article section. ILW.COM thanks our regular featured authors for their continued submissions, and invites and encourages others to do the same. By writing a Featured Article for Immigration Daily, the entire ILW.COM community benefits from the exchange of ideas and resulting discussion.


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Featured Article

Immigration Agreement May Depend On Mexicos Vote on Iraq in Security Council
Carl R. Baldwin writes "I hate to think that a nation which disagrees with the U.S. about a highly controversial foreign policy issue would be punished by having its nationals deprived of a vitally important immigration benefit that would be good for both countries."

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Immigration Law News

Office Of Special Counsel Seeks To Award Immigration Related Employment Discrimination Public Education Grants
The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) announced the availability of funds for grants to conduct public education programs about the rights afforded potential victims of employment discrimination and the responsibilities of employers under the antidiscrimination provisions of the INA.

DOJ Amends Regulations To Transition To DHS
The Department of Justice issued another final rule amending certain regulations to continue existing authorities after the transfer of functions of the INS to the Department of Homeland Security.

Congress Debates Illegal Immigration
During a debate in Congress on illegal immigration, Rep. Tancredo (R-CO) said, "I have never seen a greater divide between what the people of this country want and what this government is willing to give them than in this area of immigration reform. The people want it. We are not willing to give it. Why? Because of the politics of the issue."

OIG Reports INS Removed 13% Of Nondetained Aliens With Final Removal Orders
The Department of Justice Office of the Inspector General Evaluation and Inspections Division found that the INS maintained its effectiveness at removing detained aliens. However, the INS continues to be largely unsuccessful at removing aliens who are not detained, removing only 13 percent of nondetained aliens with final removal orders.

9th Circuit Remands Asylum Case To BIA To Determine Whether Internal Relocation Is Reasonable
In Melkonian v. Ashcroft, No. 01-71231 (9th Cir. Mar. 4, 2003), the court said that Petitioner introduced evidence regarding the reasonableness of relocation in his application for asylum, and that he was entitled to have that evidence considered under the correct legal standard. The court remanded to the BIA to determine whether, under all of the circumstances, it was reasonable to expect Petitioner to relocate to another region within Georgia.

Indefinite Detention Violates Due Process
In Rosales-Garcia v. Holland, No. 99-5683 (6th Cir. Mar. 5, 2003), the court held that there was an implicit reasonable time limitation and that because there was no significant likelihood that Petitioners will be removed in the reasonably foreseeable future and because the INS had detained them longer than six months, the INS' detention was no longer reasonable. In its Jan. 31, 2001 opinion, the court disagreed with the district court's holding that the prospect of indefinite detention of an excludable alien who would not be accepted by his country of origin was not arbitrary, conscience-shocking nor oppressive in the constitutional sense," and reversed the denial of the petition for habeas corpus.

B-2 Pleasure Visa Holders Allowed Full 6-Months In US
The Miami Herald reports that The Bush administration has withdrawn a plan that would have ended the minimum six-month stay granted to holders of most tourist visas.

Sen. Gregg Appointed To Appropriations Subcommittee on Homeland Security
The Concord Monitor reports that New Hampshire Sen. Gregg (R-NH) has been appointed to a new subcommittee that will determine federal spending for the Department of Homeland Security. Gregg said, ""As a practical matter [Secretary Ridge] will have to come to us for the money."

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The Internet domain address, is for sale. It is a website that possesses immense site traffic, excellent search engine positioning, and a large immigrant client database. Specifically, the database contains 80,000 active e-commerce clients and 400,000 details of immigrants. This is an excellent opportunity for immigration practitioners seeking to recruit new clients or for service companies looking to sell immigration products and services. For further information, please contact by email: or fax 212-898-0434.

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Letters to the Editor

Dear Editor:
I want to express my appreciation for ILW.COM. It help us to understand what the immigrants go through in our country. I attend a large American Christian church where we have many immigrants from many different nations and I find ILW.COM very helpful to enable me to understand them better. Your Editor's Comments about Mr. Greenspan inspired me to write a letter to the First Lady of our country. I love to read the Gary Endelman's articles and sometimes I forward them to the legislators in Washington because I find them very intelligent and in line to the reality that we live today. Please, keep the great work of informing us.

M. S.

Dear Editor:
The absence of progress after years of talks and political posturing regarding the undocumented immigrant is frustrating. The refrain, of those that are opposed, that the workers deserve no consideration because they "broke the law" is shallow and without feeling. The worker is todays "Jean Val jean" version of the hero in Victor Hugos epic novel "Les Miserables"---- a novel with which most of us are acquainted either from the book, the movie, or the musical. (Les Miserables is the story of Jean Val jean whose theft of a loaf of bread because he was starving condemns him to a long sentence in prison from which he escapes. He spends his life on the run and is hunted for that lifetime by Javert, the policeman, whose search for Val jean becomes an obsession just because he "broke the law".) The undocumented immigrants live their long sentence in the shadows from which they cannot seem to escape. It is the "Javerts" who have an obsession against any form of consideration because the undocumented "broke the law" and it is they [the Javerts] who clamor for deportation no matter what hardships it entails. "They broke the law".

Richard E. Baer

Dear Editor:
This issue of L-1's is also addressed in the recent issue of Business Week - "A Loophole as Big as a Mainframe" Does not look good for L-1's either. Maybe that is why INS is being so hard on adjudicating them.

Janet Cheetham, Mundt MacGregor
Seattle, WA

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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