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Immigration Daily

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Immigration Daily July 18, 2002
Previous Issues

Editor's Comments

The H-1B quota will go back down to 65,000 in late 2003. If history is any guide, this will be the specter that will trigger yet another emergency campaign to secure more H-1B numbers from Congress. In today's Featured Article, Gary Endelman argues that proper immigration advocacy should eschew such emergency campaigns. Instead, immigration advocates should keep their eyes on the big picture, and realize that the real threat is a possible 1924-style moratorium on all immigration, should another September 11th-style attack occur, as all our nation's security experts assert it will. To combat this threat, immigration advocates should work to secure laws which will increase immigration numbers, and legalize the undocumented, since this will give more Americans a stake in the immigration system, and a reason to oppose a moratorium. Vast numbers of employers today hire undocumented workers, and will continue to do so, even should a moratorium be imposed. Providing these employers with a legal way to hire the essential workers they badly need will build the most effective constituency against a moratorium.


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Featured Article

Green Cards Not H-1Bs: How September 11th Can Reverse Split The Bill
Gary Endelman writes that the real thing to fear post-September 11th is a 1924-style moratorium on immigration and that addressing the big picture is preferable to emergency campaigns.

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Immigration Law News

Montserrat TPS Extended
The INS published a notice extending "the Attorney General's designation of Montserrat under the TPS program for 12 months until August 27, 2003"

DOJ Moves To Revoke Citizenship Of Man Alleged To Be Former Nazi Concentration Camp Guard
The Department of Justice initiated proceedings to revoke the U.S. citizenship of a St. Louis man based on his alleged assistance in the persecution of Jews and other civilians from 1943 until 1945.

BIA Decision On Extreme Hardship Is Discretionary
In Santiesteban-Olivas v. INS, No. 02-9527 (10th Cir. Jun. 26, 2002), the court said that a determination by the Board of Immigration Appeals that persons seeking suspension of a deportation order have not shown "extreme hardship" is a discretionary decision that the circuit court may not review.

No Due Process Right To Hearing Before IJ When Prior Order Of Removal Is Reinstated
In Salazar v. Ashcroft, No. 01-3342 (3rd Cir. Jun. 27, 2002), the court found that the Petitioner, whose prior removal order had been reinstated following unlawful reentry, could not prevail on his claim of being deprived of due process in being denied a hearing before an Immigration Judge where he could ask for review of the denial of his application to adjust status based on marriage to a US citizen, since he had not shown that lack of such hearing would cause actual prejudice.

BIA May Properly Examine Claims Of Ineffective Assistance Of Counsel
In Huang v. Ashcroft, No. 01-2950 (3rd Cir. Jun. 28, 2002), the court found that the Petitioner was not deprived of an opportunity to file a motion for reconsideration of the reasons for the untimeliness of his appeal to the Board of Immigration Appeals, when he simply did not so file.

St. Cyr Does Not Apply To Conduct Before 212(c) Repeal When Conviction Is After That Repeal
In Perez v. Elwood, No. 01-3004 (3rd Cir. Jun. 28, 2002), the court held that under IIRIRA's definition of "conviction," Petitioner was convicted after the repeal of Section 212(c), and could not now obtain relief under the repealed statute, even though the conduct for which he was convicted occurred before the repeal of Section 212(c), since he was never even potentially eligible for relief until after he was convicted, and because he was convicted after the repeal, there was nothing retroactive about his inability to apply for a waiver under that section.

LPR Status Ends On Deportation
In US v. Reyna-Tapia, Nos. 01-10415, 01-10416 (9th Cir. Jun. 28, 2002), the court held that upon deportation, an alien's status as a lawful permanent resident ends, and that the notice to Defendant that he was deportable because of his aggravated felony conviction should have put him on notice that his privilege of residing permanently in the US as an immigrant was at risk.

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Border Enforcement Keeps Undocumented In, Not Out
The Sacramento Bee reports "A costly, nine-year effort to seal portions of the U.S.-Mexico border has failed to reduce illegal immigration, a new study has found... In addition, it may cause those who enter the country illegally to stay longer, according to a report by the Public Policy Institute of California."

Social Security Administration Raids Essential Workers
The Salt Lake Tribune reports on the Social Security Administration's "mismatch letters" and quotes Angela Kelly of the National Immigration Forum saying "the stepped-up effort amounts to "a silent raid against undocumented workers."

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Letters to the Editor

Dear Editor:
Any publicity is good publicity, so thanks for running the piece in today's Immigration Daily on our foreign-students backgrounder. But wasn't there anyone better available? The point is not that Latour criticized the paper -- I expected that, and even welcome it. But I was embarrassed for you by the tone and content of the piece. Even the critic we had at our panel discussion [transcript at], chief lobbyist for the American Council of Education and sort of a jerk, but he at least offered a substantive critique. I'll include the Latour piece in my Friday roundup of immigration opinions, since I include articles from all points of view there, but there's got to be someone who can do better.

Other than that, though, I find Immigration Daily to be an extremely useful publication and learn something new from it almost every day.

Mark Krikorian, executive director
Center for Immigration Studies

Dear Editor:
Regarding the letter on the guard with "bias against women, intolerance to people who spoke little English" I was at another INS office (Charlotte, NC) yesterday. Everybody was curteous and prompt --well I was upstairs at naturalization interviews and the ceremony afterwards. It perfectly terminated a 17 month process.

I think the guard was perfectly right in denying access if one can't express oneself on what one's looking for. The people being inside would have felt safer had they heard the conversation.

Anton Shahu

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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