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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
March 26, 2002
Previous Issues

Editor's Comments

The bad news just keeps coming for INS. Within a little more than a week after a statement from the INS Commissioner defending the agency against a story on 60 Minutes and publishing an explanation of why approval notices two of the September 11 hijackers arrived at their flight school on the six-month anniversary of their dastardly deed, the INS has now issued a decidedly un-reassuring statement that a check of INS and other databases shows no evidence that any of four Pakistani crewmen mistakenly granted shore passes is in any way connected to criminal or terrorist groups. According to the Washington Post the Justice Department has launched an investigation into the INS and why an immigration official improperly allowed the four Pakistani crewman to come ashore.

One of the major media adopted the slogan "America Challenged" for its coverage of September 11. Coverage of the INS could aptly be called an "agency challenged." As the New York Times points out the challenges are large. The author of a letter to the editor notes that INS Commissioner Ziglar has filled that post for only seven months. He came to the position without a background in immigration. Let us hope he can use his managerial experience to reform the agency so that the good people who work there can go home with some peace of mind and the satisfaction of a job well-done instead of afraid to listen to the news because the next item might be just one more gaff by the INS.

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ILW.COM Featured Article of the Day

Civil War within the GOP: Who Wins on Immigration?
Gary Endelman writes about battle going on within the Republican party over immigration policy and that the real prize is not Hispanic voters, but the political center.

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Immigration News

No EAJA Fees where INS is Decision Reversed
In Al-Harbi v. INS, No. 98-70828 (9th Cir. Mar. 25, 2002), the court declined to award Petitioner attorneys fees under the Equal Access to Justice Act (EAJA) finding that INS was substantially justified in denying Petitioner's asylum application despite the court's reversal of the agencies decision in Al-Harbi v. INS, No. 98-70828 (9th Cir. Mar. 9, 2001), for lacking reasonable, substantial and probative evidence in the record.

Hearing on Immigration Related Unfair Employment Practices
The House Subcommittee on Immigration and Claims held an oversight hearing on The INS and Office of Special Counsel for Immigration Related Unfair Employment Practices on March 21, 2002 with a statement from the Honorable John Conyers, and testimony from Juan Benitez, Joseph Greene, Otto Kuczynski, and Wade Henderson.

Rep. Dorgan Opposes Customs and INS Merger
Rep. Dorgan explains why he thinks it would be inappropriate to merge the Customs Service with the INS.

INS Communique for November 2001
The INS Communique for November 2001 includes headquarters news, INS news of note and news from the field.

INS Statement on Missing Crewmen
According to a statement from the INS the Washington District is currently investigating the disappearance of four Pakistani crewmen from the vessel Progreso in the Port of Norfolk, VA. Contrary to current rumors, a check of INS and other databases shows no evidence at this time that the individuals are in any way connected to criminal or terrorist groups.

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Immigration in the Press

Justice Department to Probe New INS Visa Error
The Washington Post reports that the Justice Department has launched an investigation into the INS and why an immigration official improperly allowed four Pakistani crewman -- who have now disappeared -- to come ashore.

The Rube Goldberg Agency
According to the New York Times [registration required] only at the INS could the task of streamlining an agency fall to an official recently named to be "assistant deputy executive associate commissioner for immigration services."

Letters to the Editor

Dear Editor:

I must congratulate the Senate in blocking, at least for now, any passage of the overly-abused and overly-used 245(i) renewal that is part of the Border Security Bill which unfortunately did pass the House to appease President Bush for his visit with President Fox of Mexico. There would not be a greater tragedy in the wake of 9/11 and the INS' recent visa approvals for two of the known terrorists that committed this horrific act than to reward MORE individuals that have entered ILLEGALLY or have overstayed their visas ILLEGALLY than having 245(i) renewed again.

President Bush should take this time in our nation's history to meet with President Fox and let him know that despite being our neighbor we will NOT have an open-door immigration policy that rewards lawbreakers because they have eluded the INS and deportation for a "long time." We need tighter border security, greater visa scrutiny, a stop to illegal immigration and a complete dismantling of the INS. Once we have all of these in place those that have chosen to wait in extraordinarily long lines to come to the U.S. LEGALLY rather than be given a de facto amnesty such as 245(i) by breaking the law will see a more efficient system. At least we can hope so.

J. Seyes.

Dear Editor:

I would like to comment on speeches given by the U.S. Representative from Colorado, Tom Tancredo, before the U.S. House regarding immigration that have been posted from time to time in Immigration Daily.

Mr. Tancredo leaves no room for doubt that he is anti-immigrant and that believes that the INS is an agency incapable of managing its responsibility.

On March 19, Rep. Tancredo said this about the INS Commissioner, Mr. Ziglar, I will say that he [Mr. Ziglar] is in water way over his head; that he is not really capable to do what we have asked him to do..Perhaps the fact [is] that we brought him from a position that has nothing to do with immigration[that he has] no background in the area[that] he came to this position after having served as the Sergeant at Arms and Doorkeeper for the Senate. Why would the latter deter from qualification?

The office of Sergeant at Arms carries much responsibility and in tradition goes back to English parliamentary procedure (which Mr. Tancredo should know as a former civics school teacher). The Senate Sergeant at Arms serves as the protocol and chief law enforcement officer and is the principal administrative manager in the Senate. He assures that the whole Senate functions smoothly. He has the largest staff and budget in the Senate. It is an important management position.

Appointed as Commissioner just one month before the Sept. 11th tragedy and with approximately seven months now in office, it is too soon to tell whether Mr. Ziglar will do a good job or not as the INS Commissioner. I hope his administrative abilities will serve him well in his assignment and wish him success.

As for other qualifications, I reviewed his biographical resume and it states that he has had 23 years of experience as an investment banker and lawyer; that he served as Managing Director of Paine Webber Incorporated (one of the largest financial services in the world), and Managing Director of Drexel Burnham Lambert, Inc. He is a member of four bar associations; has held numerous positions of responsibility in the federal government (Interior and Justice departments); and has served on the boards of directors of numerous national foundations and associations. The office of INS Commissioner is a management position and Mr. Ziglars resume demonstrates that he is capable and has extensive background in this area. Has Mr. Tancredo ever checked this?

I have read the address that Mr. Ziglar gave before the National Press Club recently and I was impressed here too (NPA Archives-James Ziglar, 2/19/02).

Mr. Ziglar was nominated for Commissioner by the President of the United States and was approved by the U.S. Senate. The American Immigration Lawyers Association welcomed that approval.

A review of Rep. Tancredos biography (Tom Tancredo Home Page) reveals that he received a degree in political science from the University of Northern Colorado, taught civics at a junior high school, served in the local State Legislature for four years, was a regional representative for the U.S. Department of Education for twelve years and was elected to the U.S. Congress as representative of the Colorado Sixth District in 1998. While in Congress his resume states that he has garnered various awards.

He has been quoted: Anytime three or more are gathered together, I will make a speech, which he does frequently.

Richard E. Baer, D.V.M.

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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.
Editorial Advisory Board
Marc Ellis, Gary Endelman

Copyright 2002 American Immigration LLC, ILW.COM