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Immigration Daily

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Immigration Daily September 10, 2002
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Editor's Comments

On the occasion of Canadian Prime Minister Chretien's visit to the US, the White House issued a news release on last year's "Smart Border" Declaration and associated 30-point action plan to enhance the security of our shared border while facilitating the legitimate flow of people and goods. The news release (see below) says "The action plan has four pillars: the secure flow of people, the secure flow of goods, secure infrastructure, and information sharing and coordination in the enforcement of these objectives." The Canadian-US border has hitherto been among the most unregulated borders in the world. If this mass of new regulation - the so-called "Smart Border" - portends greater business for the immigration bar, Northern border attorneys may see some good news while suffering the recent slowdown in business immigration cases.


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Featured Article

Visa Lottery Rules Continue to Thwart Out of Status Aliens
Carl R. Baldwin writes "The fact that large numbers of law-abiding, tax-paying aliens will continue to be excluded from visa lottery benefits should prompt Congress to make the program meaningful by abolishing the bars for overstays created by the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). We have had enough time to see how counterproductive this law has been."

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Immigration Law News

Bush-Chretien Summit Announcement On "Smart Borders"
On the occasion of the visit by Canadian Prime Minister Chretien, the White House released a "Summary of Smart Border Action Plan Status."

White House Announces Launch Of "NEXUS" Program At Canadian Border
The White House announced "The NEXUS alternative inspection program allows pre-screened, low-risk travelers to be processed with little or no delay by United States and Canadian border officials."

EOIR Disciplines 5 Attorneys, Reinstates 1
The Executive Office for Immigration Review announced disciplinary proceedings against 6 attorneys, and reinstated one attorney who had previously been suspended.

BIA Issues Guidelines On Optional Supplemental Briefs
The Board of Immigration Appeals issued its "Guidelines for Submitting an Optional Supplemental Brief on the BIA Procedural Reforms Regulation."

INS On El-Salvador TPS Extension
On the extension of Temporary Protected Status for El-Salvadoreans, the INS issued a Press Release, a Fact Sheet for Employers, and a Fact Sheet on Extension.

Attempted Reentry Does Not Require Government To Prove Deception
In US v. Leos-Maldonado, No. 01-10291 (9th Cir. Sep. 9, 2002), the court found that 8 USC 1326 did not require the government to prove deception at the port of entry to support a conviction for attempted reentry, and said that though the court might have been persuaded to set aside Defendant's conviction had he timely raised a challenge that specific intent to reenter had not been alleged in his indictment, his tardy challenge limited review to plain error, under which standard the defective indictment did not affect his substantial rights.

Evidence Of Economic Persecution Does Not Compel Finding Of Persecution On Account Of Political-Economic Activism
In Ontunez-Tursios v. Ashcroft, No. 00-60650 (5th Cir. Aug. 13, 2002, revised Sep. 9, 2002), the court revised its Aug. 13, 2002 opinion wherein it held that Petitioner, who had claimed asylum from alleged persecutions by a group of landlords in Honduras on account of Petitioner's activism in a land cooperative, failed to present sufficient evidence that would compel a reasonable finder of fact that his his persecution was not because of economic desire but was persecution because of membership in the group of land activists.

Claims Of Breach Of SAW Privacy During Naturalization Dismissed As Unripe
In Aparicio v. Blakeway, No. 00-51133 (5th Cir. Aug. 15, 2002, revised Sep. 9, 2002), the court revised its Aug. 15, 2002 opinion wherein it found that the Petitioners claims raising a generalized challenge to INS's interpretation of two statutes affecting their naturalization applications, subsequent to their permanent residency obtained through the Special Agricultural Worker (SAW) program, and the alleged use by the INS of confidential information contained in the SAW records, were not ripe because they either did not feel the full impact of the interpretation by being blocked from naturalizing or were denied or delayed for an uncertain reason. The court said that such challenges could only be brought by those who had been denied naturalization and who had followed the administrative and judicial appeal process set forth in Congress's statutory scheme.

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Homeland Security Vs. Homeland Economy
The Naples, FL, Daily News reports "A study commissioned by the Lee County Port Authority earlier this year calculated that German homeowners in Lee County alone pump more than $115 million into the local economy. That figure would be multiplied by the effect of people from around the world owning homes in cities and counties throughout the United States. Those who oppose the rule say this economic benefit would be put on the chopping block by the rule change."

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Letters to the Editor

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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. 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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