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Immigration Daily

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Immigration Daily April 29, 2002
Previous Issues

Editor's Comments

Several readers have pointed out to us that they read the email version of the Daily a day or several days after publication. However, when they want to click through to an interesting story in the "Immigration in the Press" (now "Other Items") section, the link is to the current edition of the Daily, not the one they wanted to see. To address this point, we will henceforth carry links in that section to the specific day's edition. We hope that this will help those who prefer reading the email version of the Daily several days after publication. We are always interested in hearing our readers' comments and suggestions on how we can serve your immigration law information needs better, please send these to:


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Featured Article

"But It Was Only A DWI..."
Daniel M. Kowalski writes about a common offense - DWI - that can affect business immigration cases.

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Immigration Law News

House Debate On Bill To Abolish INS
The entire lively debate in the House of Representatives in passing the bill to abolish the INS, together with the various amendments can be read by clicking here. Several Representatives extended their remarks, which can be read here. (To read the text of the bill, please click here.)

Rep Pallone Speaks Out Against Proposed INS Rule On B Visas
Rep. Pallone (D-NJ) stated that the proposed INS rule on B visas "will in no way fight terrorism, and only serves to trample on the legitimate visits from relatives with legitimate residents of the United States."

Anti-Atrocity Bill Reported To Senate
S. 864, a bill to amend the Immigration and Nationality Act to provide that aliens who commit acts of torture, extrajudicial killings, or other specified atrocities abroad are inadmissible and removable and to establish within the Criminal Division of the Department of Justice an Office of Special Investigations having responsibilities under that Act with respect to all alien participants in war crimes, genocide, and the commission of acts of torture and extrajudicial killings abroad, was reported to the floor of the Senate.

Senate Testimony On Homeland Security And Immigration
Testimony is now available on "Should the Office of Homeland Security Have More Power? A Case Study in Information Sharing" before the Subcommittee on Administrative Oversight and the Courts of the Senate Judiciary Committee by Vance Hitch, Chief Information Officer of the Department of Justice; Scott Hastings, Deputy Associate Commissioner for Information Resources at the INS; George J. Terwilliger III of White & Case; and Paul C. Light, Vice President and Director, Governmental Studies at the Brookings Institute.

Deportation Consequent To Previous Guilty Pleas
In El-Nobani v. USA, No. 00-3803 (6th Cir. Apr. 4, 2002), the court held that Petitioner was procedurally barred from claiming that his guilty pleas to a previous conviction were unknowing and involuntary, since he had not raised this on direct review; and that Petitioner did not satisfy an exception to this procedural bar since he failed to show that he would not have pled guilty had he been aware of the deportation consequences of his pleas or that the government misrepresented to him the consequences of his pleas.

Deportable Alien's Ineligibility For Bureau Of Prison Benefits Is Not Basis For Downward Departure
In two cases raising the identical issue, the 8th Circuit Court reiterated that deportable aliens' ineligibility for Bureau of Prisons benefits did not provide basis for downward departure in illegal-reentry cases. The first case was USA v. Raygoza-Aguayo, No. 01-3939 (8th Cir. Apr. 26, 2002); the court made available the appellant's brief and the appellee's brief. The second case was USA v. Pina-Arellano, No. 02-1011 (8th Cir. Apr. 26, 2002); the court made available the appellant's brief and the appellee's brief.

INS Colorado Application Center Closed
INS reported today that the Grand Junction, Colorado Application Support Center will be closed on Monday, April 29. On Tuesday, April 30, the ASC will be open Tuesdays through Saturdays from 8:00 AM to 3:45 PM.

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Other Items

House Votes Overwhelmingly To Abolish INS
The Houston Chronicle reports on the overwhelming House vote to abolish the INS.

SSA Dramatically Increases No-Match Letters
The Salt Lake Tribune reports that the Social Security Administration (SSA) has stepped up a campaign to identify employees whose names don't match their Social Security numbers. The SSA estimates that it will send out "no-match" letters to 750,000 of the nation's 6.5 million employers, up from 110,000 letters sent last year.

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Chat with Mark Kalish
Attorney Mark Kalish will answer questions on all aspects of immigration law on Monday, April 29, 2002, at 9:00 p.m. Eastern (New York) time. Questions will be accepted beginning 15 minutes before the start of the chat.

Letters to the Editor

Dear Editor:

In response to Karmell Bowen's letter, I just want to clarify that I am not necessarily against legalizing illegal immigrants. That was not my point in the letter that I submitted. Legalizing illegal immigrants is one issue; how to legalize them is another. Ms. Bowen's letter is referring to the former; I am referring to the latter. The point I wanted to get across is that regardless of one's opinion on legalizing or not legalizing illegal immigrants, pro-immigration or anti-immigration, we are in dire need of finding a method of doing justice for those who do what they can do to follow the rules. And if the rules are nonsensical- preventing families in dire need from finding a better life, creating loopholes for criminals, not promptly granting residency/citizenship to a nonimmigrant who has resided legally in the country for a decade- changing them is another endeavor for us to undertake.

John Smith

Dear Editor:

Karmell Bowen implies that everyone in the world should have an opportunity to better their lives by immigrating to the U.S., and that U.S. immigration policy should have this as an objective.

My response is that everyone in the world should be able to have a decent life where they're at and, since it is literally impossible for everyone who wishes to come here to do so, that we should not use our immigration policy and domestic social programs to further what should be a foreign policy objective. Furthermore, those who claim that we need (illegal) immigrants to do dirty jobs in agriculture to keep prices low should consider: without artificially low prices for U.S. products, agricultural products from developing countries, often these countries' main exports, might fare better in the U.S. market. Monies earned from these crops would fuel better living standards for everyone in the countries that produce them.

Ali Alexander

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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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