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Immigration Daily May 24, 2002
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Editor's Comments

The November Congressional elections will doubtless affect the immigration debate this year, on 245(i) and many other important immigration issues before Congress. One thing to bear in mind is that this will be the first election after the redistricting consequent to the 2000 Census. Thus many elections will find Representatives facing a new set of voters, in effect making the Representatives more concerned about the voters' viewpoints than usual. Thus it is now all the more important for those who are pro-immigration to educate the people they know about the truths (as opposed to the myths) about immigration, since this would help elect a new Congress more friendly to immigration.


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Featured Article

Lawsuit Challenges INS Refusal To Allow Detainees to Depart
Carl R. Baldwin writes about "the harsh treatment of immigrants in the wake of 9/11."

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Immigration Law News

BALCA Says Over-Qualification Is Not Valid Reason To Reject US Workers
In the Matter of International House of Pancakes 2002-INA-00083 (BALCA, Apr. 22, 2002), the Board of Alien Labor Certification Appeals said that over qualification of the applicants is not a valid reason for rejection of US workers and affirmed the denial of the labor certification by the Certifying Officer.

HRSA To Study International Medical Graduates
The Health Resources and Services Administration (HRSA) announced the availability of $250,000 to conduct research to collect data and information that will describe International Medical Graduates-who they are, where they came from, their visa status, role in addressing needs for healthcare providers in HPSA's and how long they stay in underserved areas. It will also study the impact of September 11 on the number of J-1 waivers.

House Appropriates Additional Funding For The INS
The House of Representatives passed a supplemental appropriations bill (H.R. 4775) that provides additional money to the INS to help it better account for individuals who have committed immigration violations and who have not followed orders to leave this country. The debate can be found in two fragments, by clicking here and here.

Bill Introduced To Raise The Penalty For Visa Identity Fraud
Sen. Feinstein (D-CA) introduced a bipartisan bill that would provide for an additional two-year penalty for any individual convicted of stealing another's identity to obtain a passport or visa; using another's identity to remain in the United States illegally after a visa has expired or an individual has been ordered to depart this country.

Border Security Bill Narrowly Defeated In The House
By a vote of 231-197, the House defeated a Border Security Bill which among other things would have required all carriers to provide by electronic transmission the visa number or resident alien card number for every person arriving or departing on a land, air, or vessel carrier, in advance.

Temporary Resident Not Entitled To 212(c) Relief
In Romano v. Ashcroft, No. 02-CV-843 (Eastern District of Pennsylvania Apr. 16, 2002), the court held that a lawful temporary resident, as opposed to a lawful permanent resident, is not entitled to a hearing for a 212(c) waiver and said that "because INS has not satisfactorily accounted for its prolonged failure to act on petitioner's request for status adjustment - and given the harshness of the consequences - a hearing will be held to determine whether what occurred amounts to more than mere "neglect" or "delay" and could be deemed to be "affirmative misconduct" or some other justification for an estoppel."

Detention Is Reasonable When Removal Is Likely In Reasonably Foreseeable Future
In Marshall v. INS, No. 02-CV-510 (Eastern District of Pennsylvania Apr. 29, 2002), the court found that it was likely that the Petitioner would be removed in the reasonably foreseeable future, and hence his detention was reasonable, and since he had been determined to be inadmissible, it was within the discretion of the Attorney General to keep him in custody until removal was effected and that the INS's inefficiency in administering the deportation proceedings in the instant action did not constitute affirmative misconduct.

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INS Drops Suspected Terrorists From Watch List
The Los Angeles Times reports that for nearly two months INS dropped 3,500 potential terrorists and suspected criminals from their "Watch List" used to screen incoming passengers, due to a computer systems breakdown.

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Letters to the Editor

None Today.

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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