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Immigration Daily

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Immigration Daily April 5, 2002
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Editor's Comments

Various sources, including the New York Times, report that the Justice Department has drafted a legal opinion that would give state and local police agencies the power to enforce immigration laws. As the National Immigration Forum states in today's Featured Article, if immigrant communities are to be subject to immigration enforcement by local police agencies, those agencies will find it impossible to gain the trust of immigrant communities in their public safety efforts and the entire community will be less safe. Deporting undocumented waiters or construction workers will not help our law enforcement agencies in finding and rooting out those who seek to do us harm. Indeed, by weakening our economy, such actions will only weaken our nation's ability to conduct the war against terrorism.

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ILW.COM Featured Article of the Day

Action Alert to Advocates: Department of Justice to Release Legal Opinion Giving Green Light to Local Police Enforcement of Immigration Laws
The National Immigration Forum writes that if immigrant communities are to be subject to immigration enforcement by local police agencies, those agencies will find it impossible to gain the trust of immigrant communities in their public safety efforts and that the entire community will be less safe.

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Immigration News

Attorney General's Appeal Is Moot Since Bond Hearing Was Already Held
The court in Daly v. Ashcroft, No. 01-7684 and No. 01-8007 (4th Cir., Apr. 4, 2002), held that the Attorney General's appeal of the District Court's order that Petitioner must receive a bail hearing was moot because the hearing had been held in the pendency of the appeal.

A Smuggled Family Has Two Parents
In US v. Cabrera, No. 01-20497 and No. 01-20501 (5th Cir., Apr. 3, 2002), the court dismissed the Defendants' appeal of the length of their sentences for conviction for conspiracy to induce illegal immigrants to enter the US holding that there was sufficient reliable evidence that the District Court's multiplier of "2" for the number of immigrants smuggled in each family trip was reasonable and based on sufficient reliable evidence, that the Defendants were leaders or organizers since they recruited accomplices and organized others in carrying out the crime, and that Defendants' equivocal statements supported the District Court's finding that the Defendants did not accept responsibility.

Unmarried Mother Ineligible For Cancellation Of Removal
The Board of Immigration Appeals (BIA) in In re Andazola-Rivas, 23 I&N Dec. 319 (BIA, Apr. 3, 2002) (en banc), held that an unmarried mother was not eligible for cancellation of removal since the hardship to her US citizen children aged 6 and 11 upon returning to Mexico would not be exceptional or extremely unusual because she is young and able to work, because the family members in the US could financially support her in Mexico, and because her children would not be deprived of all schooling nor of an opportunity to obtain any education.

Driving Under The Influence Is Not A Crime Of Violence
The Board of Immigration Appeals (BIA) in In re Ramos, 23 I&N Dec. 336 (BIA, Apr. 4, 2002) (en banc), in withdrawing from its earlier decisions, held that in cases arising in circuits where the federal court of appeals has not decided whether the offense of driving under the influence is a crime of violence, an offence will be considered a crime of violence if it is committed at least recklessly and involves a substantial risk that the perpetrator may resort to the use of force to carry out the crime.

Grants Available To Educate Public About Immigration Related Unfair Employment Practices
The Office of Special Counsel for Immigration Related Unfair Employment Practices of the US Department of Justice announces the availability of funds for grants from $40,000 to $100,000 to conduct public education programs about the rights afforded potential victims of employment discrimination and the responsibilities of employers under the antidiscrimination provisions of the Immigration and Nationality Act.

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Immigration in the Press

Ruling Clears Way to Use State and Local Police in Immigration Duty
The New York Times reports that a legal ruling expected from the Justice Department clears the way for Attorney General John Ashcroft to declare that state and local police departments have the power to enforce federal immigration laws.

Letters to the Editor

Dear Editor:

Dr. Baer, in his letter to the Editor yesterday apparently overlooks the opportunities that employers have had to "legalize" the status of their illegal workers and didn't take. Opportunities such as the 245(i) mini-amnesty of last year. Or the H2-A guest visa program, that has been sorely underutilized. The question is: just how willing ARE employers to actually sponsor their low-wage employees--if it means that the employees will be able to demand higher wages when they legalize? It is, after all, the illegal status and the control over the illegal worker which makes them so attractive to employers. That attraction would diminish or vanish were the workers legally able to work here--as would the jobs. Which would most likely be filled by even more illegal workers. And which would leave the US taxpayer to provide welfare benefits to the newly legalized workers.

Ali Alexander

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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

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