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Immigration Daily

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

Editor's Comments

The New York Post reports that New York City law-enforcement officials have begun tracking down illegal immigrants as part of The "alien absconder initiative." The program targets people subject to deportation or removal orders, especially those from countries where al Qaeda is very active. Using the New York City Police Department to enforce immigration laws is a change from the city's previous policy. A mayoral executive order dating to the Koch administration order barred NYPD officers from taking part in immigration arrests - a move designed to make sure illegal aliens would be able to report crimes without having to worry about being deported. Encouraging a local police force to enforce immigration laws is a troubling idea. It is a step towards reasonable suspicion of someone "bein' a feriner" becoming sufficient cause for a stop by the police.

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Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 400 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 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:

ILW.COM Featured Article of the Day

House Passes Flawed 245(i) Extension
Cyrus D. Mehta writes about the extension of 245(i) recently passed by the House as part of H. Res. 365 the "Enhanced Border Security and Visa Entry Reform Act of 2002."

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Immigration News

Upward Departure in Sentencing For Repeat Entries not an Abuse of Discretion
In US v. Garduno-Busos, No. 01-2447 (8th Cir. Mar. 14, 2002), the court found that is was not an abuse of discretion for the district court to depart upward from the sentencing guidelines when sentencing an alien who pleaded guilty to illegal reentry after deportation and where the alien had previously been granted voluntary departure three times, deported three times and had other criminal convictions. The court has made available the Appellant's brief, Appellee's brief, and the Reply brief.

President Sign Bill on Affidavit of Support
On March 13, 2002, President Bush signed into law H.R. 1892 which provides for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor's classification petition should not be revoked. (Public Law 107-150).

Military Standards for Airport Security Screeners Act
Rep. Lofgren introduced H.R. 3959, a bill to amend the IIRIRA to require the INS to verify whether an alien has an immigration status rendering the alien eligible for service in the Armed Forces of the United States and to achieve parity between the immigration status required for employment as an airport security screener and the immigration status required for service in the Armed Forces, and to amend the INA to permit naturalization through active-duty military service during Operation Enduring Freedom.

Rep. Rangel Favors 245(i) Extension
Rep. Rangel describes the extension of 245(i) as "something we all know is a necessary and prudent piece of legislation," but finds that H.R. 365 does not go far enough.

More "Yea" Votes for H. Res. 365
Rep. Jackson Lee and Rep. Weiner would have voted in favor of the Enhanced Border Security and Visa Entry Reform Act of 2002," has they been present.

Rep. Ortiz Praises Extension of BCC deadline
Rep. Ortiz praises the provision to extend the border crossing card deadline for residents along the Southwestern border of the US contained in the Enhanced Border Security and Visa Entry Reform Act of 2002."

Attorney General Requests INS Investigation
The Attorney General has requested the Justice Department's Inspector General to conduct a thorough investigation into the INS's sending of documents notifying a Florida flight school of the student visa status of Mohamed Atta and Marwan Al-Shehhi six months after the terrorist attacks of September 11, 2001.

Competition for Grants for J-1 Balkans Program
The Office of Academic Exchange Programs/European Programs Branch of the Bureau of Educational and Cultural Affairs announces an open competition for the new Balkans Junior Faculty Development J-1 Program.

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Immigration in the Press

Cops Step up Effort to Deport Illegals
The New York Post reports that New York City law-enforcement officials have begun tracking down illegal immigrants as part of a new nationwide program to deport them quickly.

Bush Orders Inquiry Into Visas Granted to Terrorists After Attack
According to the New York Times [registration required] President Bush ordered an investigation into the student visas that were recently granted to two September 11 hijackers while Senator Tom Daschle used the issue to demand that Tom Ridge, the director of homeland security, testify before Congress, branding his refusal to appear "untenable and inexcusable."

Letters to the Editor

Dear Editor:

I find the arguments of Ms. Christine Flowers published in Immigration Daily on March 13 are inaccurate and illogical. On the one hand she has accepted that she is not condoning the actions of overstay of the aliens in the United States, but on the other, she has welcomed Section 245(i) saying that this should become a permanent part of the INA. This shows that she is encouraging foreigners to overstay in the United States, affirming that overstaying in this country is not illegal. Therefore, I felt that I also might take the liberty of expressing my opinion saying that to violate the law of a country is regarded as illegal, and those foreigners who are living without valid visas or are overstaying in this country are illegal aliens. The person who violates the law of the land is also considered a criminal. Many aliens from different countries are serving time in prison in South and South East Asian countries for violation of the law by overstaying in those countries. Being the most democratic and free country, the United States has not taken stern actions on these illegal aliens. Consequently, they are cashing in on the soft policies of the United States. As I see it, these illegal aliens who are overstaying in this country should be deported immediately. There are hundreds of thousands of honest and qualified aliens waiting for immigrant visa number patiently to enter the United States to contribute their good services to this country. I don't see that the United States has to depend on these fraud-committing and dishonest illegal aliens.

Sushil Babu

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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.

"WHAT GOES UP, MUST COME DOWN!" A Business Immigration Seminar specifically designed for Corporate Immigration Personnel and Immigration Attorneys. Thursday, April 11, 2002, from 9:30 a.m. - 4:00 p.m. Cadence Design Systems, Inc. - The Pebble Beach Room 2655 Seely Avenue (near River Oak Drive), Bldg. #5, San Jose, CA. For details and registration form click here.

The Midwest Legal Immigration Project is continuing its endeavor to provide basic immigration legal training to attorneys and paralegals practicing immigration law, or who wish to begin the practice of immigration law. Our next intensive week long basic legal immigration training seminar is scheduled for May 13-17, 2002, at the Marriott Hotel in downtown Des Moines. The seminar is co-sponsored by the Immigration Legal Resource Center of San Francisco. Successful graduates will receive assistance in applying for BIA accreditation if they wish. The seminar is accredited for 30 hours of CLE and 2 hours ethics for attorneys. The Marriott Hotel is offering sharply discounted rooms for $49/night plus tax. Call 1-800-228-9290 for room reservations and mention the immigration legal training seminar. For more information, call Jim Benzoni at 515-271-5730; fax 515-271-5757; or e-mail

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