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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
January 4, 2001
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
ILW.COM Featured Article of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
Classifieds of the Day
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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. Correspondence to Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

ILW.COM is pleased to include in today's Classifieds section a notice of a seminar on asylum to be offered by the Federal Bar Association. With almost 5,000 people who are interested in immigration law subscribing to the e-mail version of Immigration Daily, we are in a unique position to help employers and employees meet. Unlike print media which requires days or weeks to prepare and distribute, we can get your message out with Internet speed. We will also carry for no charge announcements of immigration related events. ILW.COM does not have the facility to relay messages or provide blind boxes, but there are many sites, such as Hotmail and Yahoo, which allow you to establish an e-mail account and retain your anonymity.

In the Classifieds section we carry ads from employers looking to fill immigration related positions. We will also carry notices from employees seeking immigration related jobs. We have had a request from an employer searching for a lawyer for some specialized immigration advice. We also carry, for no charge, notices of immigration related events such as the seminar announcement in today's issue. If you want to place an ad, want information about placing an ad, want to make a suggestion about what we should carry or simply have a question about whether or not we will carry an item please contact us at

Federal Register News of the Day

Burma Removed From the Guam Visa Waiver Program
The INS has issued an interim rule effective January 20, 2001, removing Burma from the list of countries authorized to participate in the Guam Visa Waiver Program (GVWP).

Cases of the Day

Drug Conviction Not Aggravated Felony
In Steele v. Blackman, No. 00-3116 (3rd Cir. Jan. 2, 2001), the court found that to be subject to the consequences of an aggravated felony under immigration law, there must be a judicial determination beyond a reasonable doubt of every element of the felony offense. Misdemeanor drug convictions under state law are not aggravated felony convictions unless every element of the felony offense has been established.

Blank Tape Not a Reason to Dismiss
The court in US v. Medina, 99-50566 (9th Cir. Jan. 3, 2001), rejected the argument that an indictment for being an illegal alien found in the US after having been deported should be dismissed where the audio tape of the previous deportation proceeding was found to be blank.

Presence at Processing Center Does not Equal "Found In" United States
In US v. Ruiz-Lopez, No. 98-50599 (9th Cir. Jan 3, 2001), the court reversed a conviction for being found in the US after having been deported because the evidence established only that Defendant had been present at a border patrol processing center, not that he had had been in the US free from official restraint. The court has amended its December 8, 2000, decision.

ILW.COM Featured Article of the Day

The Canadian Option
Cyrus D. Mehta writes about immigration to Canada in the skilled worker, business and family class categories.

Immigration News of the Day

Behind Population Gains: Immigrant Influx
According to the Christian Science Monitor the just-released 2000 Census has found that the US added 32.7 million people in the 1990s. Demographers believe that the primary cause of growth of this magnitude is large-scale immigration, which is being manifested most dramatically in California, Texas, and Florida as well as meat packing plants in Iowa, farms in Kansas, and factories in Missouri.

The Century of Refugees Ends. And Continues.
The New York Times [registration required] reports on the changing role of the United Nations and the situation of refugees around the world, and questions the existing definitions of refugees and asylum.

ILW.COM Highlights of the Day

Employment Immigration Information
Get answers to your employment related immigration questions.

ILW.COM Chats and Discussions of the Day

Chat with Cynthia Ryan
Attorney Cynthia Ryan will answer questions on all aspects of immigration law on Thursday, January 4, 2000, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.

Letters to the Editor

The following is in response to a letter from Gary Endelman which ran in the January 2, 2001, issue of Immigration Daily

Dear Editor:

On behalf of the American Immigration Lawyers Association (AILA), I would like to respond to Gary Endelman's letter to the Editor in your January 2, 2001 newsletter regarding Iowa's immigration initiatives. Iowa Governor Tom Vilsack had proposed creating "immigration enterprise zones" within Iowa, to encourage immigrant settlement in the state. In addition to ideas to improve the integration of immigrants into Iowa communities, the Governor's proposal included the new idea that Iowa gain an exemption from the federal immigration quotas.

Mr. Endelman asserts that AILA opposed this proposal. In fact, AILA supports efforts by state officials like Governor Vilsack, Governor Jim Hunt in North Carolina, Governor Jane Dee Hull in Arizona and other states to support the integration of immigrants into their states, both to encourage diversity and to help alleviate severe labor shortages caused by decreases in native populations in those states. AILA, in fact, has contacted members of congress to discuss these and other initiatives. In addition, as part of the Essential Worker Immigration Coalition, AILA is working with other national organizations to support the formation of regional affiliated coalitions, including state and local government officials, to discuss immigration initiatives that could help employers of "essential workers."

Governor Vilsack recently announced that he was dropping his "enterprise zone" idea because he did not receive the reception he had hoped from federal Government officials. However, we understand that the Governor is still looking at other options for his state, and we are hopeful that AILA and EWIC can work with him and other like-minded state and local elected officials in constructing a workable immigration solution.


Jeanne Butterfield
Executive Director
American Immigration Lawyers Association

Dear Editor,

I was surprised that pages or tragedy stories about impact of 1996 new immigration law and efforts to fix it have not become one of your most visited pages.

I felt very disappointed and sad for those poor "small" number of victims! (around 2 million just in 1999 according to INS!) Is it because your web site doesn't have a dedicated page in this regard? Any way, I still appreciate your web site whole-heartedly. I tend to think you are the voice for the "weak" and the ignored ones.


Yuesheng Wu

Editor's Note: On our activism page ILW.COM hosts and provides links to advocay groups dedicated to easing the effects of the 1996 changes in immigration law.

Classifieds of the Day

ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to

THE SPEAKERS: This is a bench-bar panel coordinated by US Immigration Judge William Strasser and featuring three other Immigration Judges: Hon. Jeffrey S. Chase, Hon. Margaret McManus, Hon. Alan. A. Vomacka, and INS Assistant District Counsel Lisa Greenburg. Click here for details.

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