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Immigration Daily July 24, 2002
Previous Issues

Editor's Comments

The Department of Justice appears to be serious about enforcing a requirement that aliens notify the INS of every change in address. Given that America is the world's most mobile society, and that immigrants are possibly more likely than average to move prior to naturalization and setting down roots, a veritable Niagara of AR-11 forms will likely descend on the INS as a consequence. Some speculate that DOJ will enforce this requirement only in cases of suspected terrorist activity where DOJ has no other way of alleging an offense against someone it suspects. Be that as it may, immigrant communities, who are already scared, will likely send in a flood of change of address AR-11 forms, "just-in-case," and their attorneys, duty-bound, will recommend that the forms be mailed in. It is difficult to see how DOJ can manage this deluge of forms. The end-result will likely be akin to a "comply-in" where this DOJ policy might end up being buried in its own unintended consequences.


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Featured Article

Book Review: Immigration Questions And Answers (3rd Edition) By Carl Baldwin
Mark R. von Sternberg review of Carl Baldwin's book says "The most outstanding feature of [this book], however, is its ability to simplify the architecture of modern immigration law and policy - its unifying tone of clarity which permits the immigrant and his/her lawyer to see the situation in context and to understand where they fit within the fabric of the legislation taken as a whole. It is this overriding quality of lucidity and clear analysis which distinguishes what Carl Baldwin has written and makes [his book] such a vital contribution to the public interest.

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Immigration Law News

BALCA Says Employer May Present Legal Briefs, But Not New Evidence To Board, For Review Of CO's Denial
In the Matter of A.T.Sclafani Maintenance, No. 2001-INA-122 (BALCA, Jun. 13, 2002), the Board of Alien Labor Certification Appeals said that the Employer's rebuttal to the Notice of Findings did not establish that the Alien had two years in-job experience, and that therefore the stated experience requirements did not represent the Employer's minimum requirements, and that new material submitted by the Employer to the BALCA would not be considered in its decision.

EOIR Disciplines Five Attorneys
EOIR announced that it had issued final orders of discipline to four attorneys, and had immediately suspended one attorney.

INS Notice To DSOs on Form Procedures
Clarifying a letter issued on November 30, 2001, INS issued a notice to Designated School Officials for the procedures of filing I-20 A/B, I-17, I-538, I-539, I-702 and I-506 forms.

House Concurs On Age-Out Bill
The House of Representatives concurred in the Senate's amendments to the Age-Out Bill to liberalize many requirements for children aging out.

Marquis De Lafayette, Honorary American Citizen
The House of Representatives passed a resolution to confer the Marquis de Lafayette honorary American citizenship. During the debate on this resolution, Rep. Sensenbrenner (R-WI) said, "The granting of honorary U.S. citizenship has only been given to individuals four times in our history."

Q Visa Extension Bill Passed
The House of Representatives passed a bill to extend the Q visa by one year.

Immigration Law Enforcement On Chinese Government Representatives
H. Con. Res. 188, expressing the sense of the House of Representatives against Chinese persecution of Falun Gong practitioners, asks for enforcement of immigration laws against representatives of the Chinese government.

INS Seeks Comments On I-9
INS is seeking comments on the Employment Eligibility Verification Form I-9.

Transportation of Undocumented Aliens In Bed Of Pickup Truck Creates Risk Of Injury
In US v. Cuyler, No. 01-50947 (5th Cir. Jul. 15, 2002), the court found that transporting aliens in the bed of a pickup truck on a highway recklessly creates a substantial risk of injury to the aliens.

Complaint Of "Attempting To Enter" Followed By Indictment Of Being "Found In" Violates Speedy Trial Act
In US v. Martinez-Espinoza, No. 01-40653 (5th Cir. Jul. 17, 2002), the court considered whether Defendant's conviction of attempted illegal reentry should be dismissed with or without prejudice on the basis of a violation of the Speedy Trial Act (since the government had charged him with "attempting to enter" the US, but later untimely indicted him for being "found in" the US) and said that since his prior conviction which led to his deportation was aggravated assault, his crime was serious and that the public's interest in bringing him to trial was high.

New DOS Form For Nonimmigrant Applicants
The Department of State issued the DS-158 form "Contact Information and Work History for Nonimmigrant Visa Applicant."

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Business Is Immigration's Best Friend
The Financial Times of London reports on the ongoing immigration debate in the US, and points out "during the period of anti-immigrant feeling between 1870 and 1922, Congress passed 20 bills to limit immigration, all of which were vetoed by the president in response to companies' labour needs."

Immigration Law And Economy Out Of Sync
The South Florida Sun-Sentinel reports on Rep. Gephardt's forthcoming proposal to legalize millions of undocumented immigrants and quotes an activist "We have a law that says we don't have room for anybody to come, and we have an economy which says please come."

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Letters to the Editor

Dear Editor:
As a footnote to my earlier letter on change of address, readers should know that the INS has now clarified that two things are required: notice to the appropriate INS office if a petition/application is pending, and mailing Form AR-11. See AILA InfoNet, Doc. No. 02071544 (July 15, 2002).

Carl R. Baldwin

Dear Editor:
First I read about the INS plan to deport individuals that have not complied with the law by failing to submit a change of address form then I read about Rep. Gephardt's plan to give amnesty to over 10 million illegal aliens provided they were able to elude capture for at least 5 years and who have worked for at least 2 years illegally!

Let's see. One rewards criminals and the other enforces existing laws and punishes those that break the law. Which one do you want America?

J. Seyes

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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