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Immigration Daily

The leading
immigration law
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Immigration LLC.

Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
February 15, 2002
Previous Issues

Editor's Comments

The Department of Health and Human Services has udpated the poverty guidelines used in determining eligibility for sponsorship on the I-864 Affidavit of Support. The notice states that the guidelines go into effect the day they are published. The Federal Register notice instructs that to "obtain information on the most recent applicable poverty guidelines from the Immigration and Naturalization Service, call 1-800-375-5283. Persons with Internet access may obtain the information from the Immigration and Naturalization Service Internet site at" The INS site at the time of publication still lists the poverty guidelines from April 2001.

The text of H.R. 3714, a bill to facilitate entry into the United States by nonimmigrant aliens for brief temporary stays for the serious illness or death of a member of the alien's immediate family, is now available.

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How to Make Sense of the Labor Certification Mess

Labor Certification is one of the most complex parts of immigration practice. Much of the labor cert process is frustrating and defies common sense. Learning even a few helpful tips in this area can help bring hope and peace of mind to you, your staff and your clients. To help attorneys navigate the labor cert rapids, ILW.COM presents "Labor Certification with Joel Stewart," a 3-part phone seminar packed with practice pointers and analyses. Joining labor cert veteran Joel Stewart is a panel of distinguished practitioners - Roxana Bacon, Lorna Rogers Burgess, Aggie Hoffman, Ron Klasko, Angelo Paparelli and Ann Pinchak. The deadline to sign up for this information-packed seminar is Feb 19th! Click on the links below NOW to find out more:

For more info, or to sign up online, click here.
For more info, or to sign up by fax, click here.

ILW.COM Featured Article of the Day

The ABCs of Immigration - The Visa Waiver Program
Greg Siskind and Amy Ballentine write about the Visa Waiver Program which allows citizens of designated countries to enter the US as business or tourist visitors for up to 90 days without requiring them to obtain a visa.

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:

Immigration News

Evidence Supports Denial of Asylum
In Mendoza-Mendoza v. INS, No. 01-3842 (8th Cir. Feb. 14, 2002), the court found there was "reasonable, substantial and probative" evidence to support the denial of Petitioner's claim for asylum and withholding of removal. The court has made available the Appellee's brief.

Expunged Offense a Conviction
The Board of Immigration Appeals (BIA) in In re Salazar-Regino 23 I & N Dec. 233 (BIA 2002), concluded that, except in the Ninth Circuit, a first-time simple drug possession offense expunged under a state rehabilitative statute is a conviction for immigration purposes.

TPS for Angola Extended
The INS has issued a press release about the extension of Temporary Protected Status (TPS) for Angola.

List of Blood Banks for Parentage Testing
Michael Pearson, Executive Associate Commissioner, Office of Field Operations, has circulated a memorandum from Stuart Anderson, Executive Associate Commissioner, Office of Policy and Planning, with a current list of American Association of Blood Banks accredited parentage testing laboratories.

Pro Bono Assistance Needed
The Executive Office of Immigration Review (EOIR) is requesting the assistance of legal practitioners in Florida to provide representation to individuals who are detained in immigration proceedings at the Krome Service Processing Center (SPC) and Turner Guilford Knight (TGK) Correctional Center in South Florida.

OIG Report on INS Detention Services Agreement
The Office of the Inspector General (OIG) reports on the "Intergovernmental Service Agreement for Detention Services with the Jefferson County Detention Center Waurika, Oklahoma."

Poverty Guidelines
The Department of Health and Human Services has udpated the poverty guidelines used in determining eligibility for sponsorship on the I-864 Affidavit of Support.

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:

Immigration in the Press

Ashcroft Announces Gun Purchase Initiatives
The Washington Post reports that Attorney General Ashcroft announced plans to curb gun purchases by illegal immigrants and criminals while streamlining transactions for legal gun buyers.

Letters to the Editor

Dear Editor:

I would like to make just one reply (I promise) to the hornets I stirred up with my previous letter.

I note that no letter mentioned my main point about taxes. As to my claim that it is racist to disparage undocumented aliens as "illegals," I'm going to stand on years of observation. The right-winger web site has a headline: "INS Seeks Maximum Number of Refugees. Despite Sept. 11, immigration officials are doing everything they can to admit 70,000 refugees." Imagine that. Despite September 11th, the United States is still acting according to its own humanitarian traditions and obligations under international law to admit some refugees, after the refugee program has been held up for months. People who think like that need . . . an education in what it's like to be the U.S. spouse and children of a foreigner being tormented by the INS.

One responder stated: "[Hake's] worst 'canard' was his statement that...'most reasons for being out of status are not crimes but civil status violations akin to parking violations....' It's believed that about 60% percent of the aliens illegally in the US entered EWI (Entry Without Inspection). That's a violation of 8 USC 1325, which is a criminal statute. . . . Aliens who obtain visas or admission to the US through lying or fraud, also are guilty of criminal violations. It's factually inaccurate to say that no crime has been committed." This deserves rebuttal. My statement is literally true. Or, should I say, "it's believed" by people who know what they're talking about that my statement is literally true. I have represented many good people who are out of status, and therefore subject to deportation, who have absolutely not committed a crime. How can that be? That is true because they went out of status through no fault of their own while waiting for the INS to decide a valid application. I think that makes up "most reasons" for being out of status. I am NOT arguing that all undocumented aliens deserve to stay in the United States, nor that all of them did not commit any crimes. But I think it is rank hypocrisy the way the anti-immigrant voices speak about "crimes" when all of them are guilty of "crimes" themselves.

As to those who enter without inspection, it is true that that is a crime. Last I looked, however, that was regarded as not a continuing offense. That means that to be prosecuted they have to be caught in the process of entering. They are not still committing the crime years later. That's an important distinction of the criminal law. The majority of foreigners in the United States who are potentially subject to deportation, including EWIs, are not criminals. As I said before, there are reasonable ways to argue for limits on immigration. But taxes and services is a false argument. Painting all foreigners as criminals is another false argument. The reason one hears these false arguments so often is that the true motivations are ugly.


Bruce A. Hake
Attorney at Law
Damascus, Maryland

Dear Editor:

Regarding the debate on the use of the adjective "illegal" to describe aliens who are present in the United States in violation of the law:

1. The New York Times Manual of Style and Usage (1999) states: "illegal immigrant is the preferred term, rather than the sinister-sounding illegal alien. Do not use the euphemism undocumented." (Italics in original).

2. Section 101(a)(15) of the Immigration & Nationality Act defines the term "immigrant" to mean every alien who is not in one of the non-immigrant alien classifications listed in that section.

3. Black's Law Dictionary (6th Edition) definition of the term "illegal" reads: "Against or not authorized by law. Unlawful."

Based upon these three points, I believe that describing an alien unlawfully present in the United States as an "illegal immigrant" is both accurate and acceptable. Those who disagree with my reasoning may use "undocumented," or any other term, to describe such a alien. While I might not agree with their logic, it would be inappropriate to attack their integrity or character. I only ask that they refrain from similar attacks.

Please continue your declared practice of posting differing points of view on ILW.COM.

Thank you,

Bruce Mulraney
Dallas, TX

[Editor's Note: For ILW.COM's editorial policy on the use of the term "alien" please see the Editor's Comments in the December 17, 2001, issue].

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For information on advertising in the classifieds please click here.

Representing Immigrant Children and Challenging Unlawful Arrests, El Paso, Texas-Ciudad Juarez, Mexico, February 20-22, 2002. Sponsored by the Lawyers Committee for Civil Rights Under Law of Texas, and the University of Texas, El Paso, Center for Law and Border Studies. Register early and save money. $200 for full three day conference if registration is received by January 30, 2002. To register by phone or for more information, contact the University of Texas, El Paso, Center for Law and Border Studies: Phone(915)747-8866 Fax: (915) 747-5538. The full conference agenda and registration information available on-line at: Texas and New Mexico CLE for attorneys available 0.6 CEU credits for social workers and counselors. Limited scholarship money available. For more information on scholarships, contact Sofia Munoz at the Lawyers Committee for Civil Rights:, (915) 532-3370. Of particular importance post 9/11, this conference will address the issues related to immigration stops, arrests, suppression and detention, with the focus on children. For additional information: In El Paso, UTEP: 915-747-8866 Sofia Munoz, Lawyers Committee, (915) 532-3370. In Dallas: Natalia Walter, (214)559-4130.

Immigration...The Times They Are A Changin' February 28, March 1 2002, SeaTac DoubleTree Hotel, 18740 Pacific Hwy. So., Seattle. This year's expanded seminar has been revamped to maximize information sharing with government speakers and experienced practitioners. More government speakers, larger facilities, and exciting new roundtable discussions will educate and challenge attendees of all experience levels. Attendees new to immigration will receive a comprehensive, practical and clear overview in virtually all areas of immigration law. Advanced attendees will learn how to incorporate the new laws and procedures into their daily practice. In addition, all attendees will learn to resolve complex matters so unique that they cannot be researched in traditional periodicals. To Register or view the full program brochure click here. For questions or more information call Denise at: (206) 340-2578.

The second annual New Jersey Institute for Continuing Legal Education (ICLE) Seminar that will be run in conjunction with AILA on Wednesday March 20, 2002, from 9:00 a.m. to 3:30 p.m. at the Gateway Hilton in Newark, New Jersey. Speakers include: Dolores DeHaan, Betty Manfredonia, Paul Novak, Andrea Quarantillo, Susan Rauffer and William Yates. 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.
Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2002 American Immigration LLC, ILW.COM