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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
October 31, 2001
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Editor's Comments

On October 29, 2001, President Bush issued a new Homeland Security Presidential Directive to help combat terrorism through more effective immigration policies and practices. Among its key features, the Presidential Directive creates a Foreign Terrorist Tracking Task Force to coordinate Federal programs designed to: 1) deny entry into the US of aliens associated with, suspected of being engaged in or supporting terrorist activity; and (2) locate, detain, prosecute, or deport any such aliens already present in the US. The Task Force will be established by the Attorney General by November 1. The Directive orders a thorough review of student visa policies to ensure that student visas are being issued appropriately and to prohibit the education and training of foreign nationals who would use their training to harm the US and its Allies. It also calls for better coordination of immigration and customs policies with Canada and Mexico.

The President's Directive has received wide coverage in the general press such as the New York Times [registration required] article featured below. The Directive may leave the general public with the impression that the Bush Administration is taking firm action to crack down on immigration. Based on the fact sheet from the Office of the White House Press Secretary, the Directive essentially calls for implementation of the USA PATRIOT Act which the President recently signed into law. So when family, friends and neighbors tell you about they heard on the news or read in the paper about the President's crackdown on immigration, it may not be all it sounds.


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Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. Thats almost 250 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each working day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

Tip of the Day

Processing Times

The INS processes many petitions at its Eastern Service Center in Vermont, the Northern Service Center in Nebraska, the Southern Service Center in Texas and the Western Service Center in California. There are backlogs and delays throughout the INS including the Service Centers. We thank the American Immigration Lawyer's Association which makes this information available to the public. The processing times pages are a resource attorneys can use to give their clients an idea of how long a particular application will take. Attorneys can also encourage clients to check the processing times themselves to reduce the number of phone calls asking how long a case is taking. The real measure of processing times is how long cases are actually taking. If you find a case taking more or less time than indicated on these pages, send the information to As the hub for immigration information ILW.COM is a place to share the latest and most up-to-date immigration information.

ILW.COM Featured Article of the Day

The ABCs of Immigration - Inadmissibility - Undocumented Entry and Other Immigration Violations
Greg Siskind and Amy Ballentine write about immigration violations as a basis for inadmissibility.

Immigration News

Vehicular Homicide Not an Aggravated Felony
The court in Francis v. Reno, No. 00-2375 (3rd Cir. Oct. 30, 2001), held that a state misdemeanor conviction for vehicular homicide is not an aggravated felony for purposes of immigration law. The court has amended its October 16, 2001, opinion.

INS Should Follow its Internal Procedures for SIJ
In Yeboah v. INS, No. 01-CV-3337 (E.D. Penn. Oct. 26, 2001), the court found that the INS arguably violated its own internal procedure, and so its decision was subject to judicial review, when it withheld consent to a state juvenile court dependency hearing to allow Plaintiff to qualify for Special Immigration Juvenile (SIJ) status.

President Bush Announces Foreign Terrorist Tracking Task Force
After the first meeting of the Homeland Security Council President Bush announced the establishment of a "foreign terrorist tracking task force to make sure that the Land of the Free is as safe as possible from people who might come to our country to hurt people."

Immigration in the Press

Bush Announces a Crackdown on Visa Violators
According to the New York Times [registration required] President Bush has moved to tighten immigration controls in order to keep potential terrorists out of the United States, partly by cracking down on foreigners who have stayed beyond the terms of their visas.

ILW.COM Chats and Discussions of the Day

Chat with Chris Musillo
Chris Musillo will answers questions on all aspects of immigration law on Wednesday, October 31, 2001, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

This Day in Immigration

From October 31, 2000

"Detention and Physical Abuse do not Meet Threshold for Asylum In Nelson v. INS, No. 99-2283 (1st Cir. Oct. 27, 2000), the court found that where Petitioner's case had been postponed several times and she had been advised more than once of her right to obtain counsel her due process rights were not violated, and that occasional detention and occasional instances of physical abuse did not compel a finding of a well-founded fear of persecution."

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:

Letters to the Editor

Dear Editor:

Could you please share with your readers my letter addressed to the US Senators?

Monica Schwartz

Dear Senator,

Once again I come to share my concerns regarding what is becoming a Xenophobic generalization.

Some state and local police are stopping people that do not look like "born in USA" (What criteria to identify a person "born in USA" is being used? The blond and blue-eyed criteria?). This is the so called profiling that we have fought against for so long. America people are not made of only certain color of skin, hair and eye!

They are stopping people that do not look like a certain way and asking for legal status and calling INS if they can not provide an immigration paper right away. In many cases, they are dealing with US born citizens. As it is happening in the states along the Mexican border what is causing more hurting. They are essential workers legal or illegal going from home to work and vice-versa.

The essential workers came here because for many years we have jobs for them that most American born people do not want to do. Chairman Greenspan and others have called upon Congress to reexamine our immigration policies as a means to alleviate the worker shortages. Now we are forcing them to leave our country! We depended on their availability to clean our houses, yards, babysitting our children, work as unskilled labor in our factories, etc., for years, and now we are harassing them.

We are collecting Social Security, Local, State and Federal Taxes from them and they have no legal rights and the dignity to be recognized as someone and defend themselves. They are leaving our country back to South and Central America, Caribbean and Mexico because we no longer care about them. All because of certain people that came from a region that does not have anything to do with them. By God's mercy could someone put a stop to that please?!

There are husbands in desperation abandoning their wives and US children to marry American born woman believing it can avoid them from being deported and so are doing some mothers. They have been here for years with teenager US children and now their hope of adjusting their status as a family is gone.

May God give you clarity of mind and bless you and bless America.

Monica Schwartz


For information on advertising in the classifieds please click here.

Be Part of a Winning Team! Bratter - Krieger, LLP, a S. Florida immigration law firm is expanding into new cities. We now have immediate needs for an experienced bi-lingual attorney in our New York office and a paralegal with immigration experience for our Miami office . All our team members receive an aggressive compensation package and benefits. Reply in confidence to Matthew Krieger -, fax resume to 305-695-4398 or call us at 1-800-946-0301.

MidSouth Chapter's Fall CLE Conference at the Hyatt Regency in Louisville Nov. 2 & 3. The title is "Where the Newest Rubber Meets the Road," because the conference will have its traditional professionally intimate setting conducive to lively questioning of the speakers (and erudite comments from the attendees) so that participants come away with the answers to their questions and with practical solutions to the newest situations posed by new laws, regulations and procedures. For agenda, registration form and details, click here.

Presented by the Practicing Law Institute, November 27, 2001, 6:00 p.m. - 8:15 p.m. PLI New York Training Center, 21st Floor 810 Seventh Avenue (between 52nd and 53rd Streets) New York City. For details, click here.

There will be a New Jersey Institute for Continuing Legal Education (ICLE) seminar on Wednesday, December 5, 2001 from 9:00 AM to 5:00 PM at the Brunswick Hilton in East Brunswick, New Jersey. The seminar titled, Corporate Immigration Law: For Attorneys, In-House Counsel, & Human Resources Personnel: H-1B Requirements, will feature updates on the latest H-1 legislation regulations and will discuss recent developments in the field. For details, click here.

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.
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