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Immigration Daily September 11, 2002
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Editor's Comments

In lieu of an editorial on this sad and solemn occasion, we will merely repeat what we said on 9/11/2001:

"Today, ILW.COM, just like all Americans, supports President Bush in taking actions necessary to ensure security for America and in finding and punishing the perpetrators of today's cowardly acts.

Many Americans may, in the heat of the moment, condemn all immigrants with a broad brush instead of those individuals, whether American or of another country, responsible for today's inhuman acts. This is not justified. We must remember the many patriotic immigrants who fought and died for America in many wars. Many of America's Generals and Admirals receive their stars in the Pentagon's Hall of Heroes. This hall has portraits of recipients of the Congressional Medal of Honor, America's highest military decoration. Many of these heroes were immigrants. I urge everyone not to forget that fact today.

I support our country taking whatever steps are reasonable and necessary in reacting to today's acts of terrorism against us. However, we must all remember that our civil liberties are even more necessary today than they were before these terrorist acts. It was the country of the Bill of Rights that was attacked today. When our nation retaliates, it should not be against those very same Bill of Rights."

To see the entire issue of 9/11/2001, please click here.


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Featured Article

Immigrants in the Crosshairs: The Quiet Backlash Against Americas Immigrants and Refugees
The National Immigration Forum writes "The best way to enforce the laws is to create laws that are enforceable ... [placing the immigration function in the Department of Homeland Security sends] a powerful signal that all immigrants will be viewed as terrorist threats ... After September 11, Congress passed a law requiring all airport baggage screeners to be U.S. citizens. Thousands of immigrants who have not yet become citizens have been fired from jobs they have been trained for and often held for many years. In their place, airports have had to hire citizens who have to be trained anew. Ironically, non-citizens can serve in the military and the National Guard, where they may watch over the citizen baggage screeners."

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Immigration Law News

Rep. Tancredo Says Immigration Lawyers And Democratic Party Are Political Extremists
Rep. Tancredo (R-CO) said " ... I, of course, cannot promise even if we do everything I have asked for, even if we completely reform the INS, even if we give Border Patrol agents greater authority and ability to actually do their job, even if we put military on the border, I cannot promise that someone with malicious intent cannot or will not get through; but at least I can say we did everything we can do, which is living up to the President's admonition to us, that we must do everything that we can do. That includes defending our own border ... Because what we are trying to do is to pretend to the American people that we are taking our responsibility of border defense seriously while at the same time assuring that people can come through illegally in order to, quote, take the jobs that no one else will take and in order to increase the ranks of political parties in the United States that benefit as a result of massive immigration, one particular political party, of course, the Democratic party, and the fear that if we actually got tough on the borders, there would be a political reaction. And there would be certainly outcries by immigration advocacy groups, especially immigration lawyers. They would raise Cain. But is our responsibility here to pander to those political extremists? Or is our responsibility to protect and defend the people and the property of the United States of America? "

HHS Announces Refugee Funds
The Office of Refugee Resettlement of the Administration for Children and Families of the Department of Health and Human Services announced "the availability of funds and award procedures for FY 2002 targeted assistance grants for services to refugees under the Refugee Resettlement Program "

District Court May Construe 28 USC 2254 Petition As 28 USC 2241 Petition
In Idokogi v. Ashcroft, No. 02-6721 (4th Cir. Sep. 10, 2002), the court upheld the District Court's orders denying relief on his petition filed under 28 USC 2254 and denying reconsideration, since the court found that the Petitioner did not make a substantial showing of the denial of a constitutional right. In Idokogi v. Ashcroft, No. 02-6753 (4th Cir. Sep. 10, 2002), the court upheld the District Court's orders construing his 28 USC 2254 petition as a 28 USC 2241 petition and denying reconsideration, since the orders were neither a final order nor an appealable interlocutory or collateral order, and the circuit court thus did not have jurisdiction.

Criminal Mischief May Not Be Aggravated Felony, Futility of Almendarez-Torres Cannot Be Cause For Defaulting Claim Under Apprendi
In US v. Reyes-Maya, No. 01-51107 (5th Cir. Sep. 10, 2002), the court held that the small fine that the Defendant was assessed for criminal mischief suggested low culpability and low predictiveness for future criminal conduct, and that under USSG 4A1.2(c) his criminal mischief conviction should have been excluded from his criminal history score, and vacated his sentence and remanded for resentencing. The court also noted the Supreme Court's decision in Almendarez-Torres controlled this case since it had direct application to it, even if the Supreme Court's subsequent decision in Apprendi may have been logically inconsistent with Almendarez-Torres. The court further noted that the futility of an argument at the time it should have been made could not be a cause for defaulting the claim.

Administrative Remedies May Be Exhausted If Issue On Which Alien Prevailed Before IJ Not Addressed Before BIA, The Terms "Spouse," "Wife," "Husband" Are Not Divorced From The Concept "Marriage"
In Moussa v. INS, No. 01-3156 (8th Cir. Sep. 10, 2002), the court held that since Petitioner had prevailed on his nationality claim before the Immigration Judge, he could not be expected to prognosticate and rebut in advance the precise grounds under which the Board of Immigration Appeals might reject the Immigration Judge's order and thus he exhausted his administrative remedies; and held that a marital relationship which was terminated by a divorce is not resumed via a proxy marriage until the re-marriage is actually consummated.

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Many Voices On 9/11 And Immigration
The National Immigration Forum offers a 12-page compilation of quotes from across the political spectrum on immigration and 9/11. The Orange County Register says that we have entered a new era in immigration where security is the focal point of immigration policy. The Salt Lake Tribune talks of the Mexican immigration reform derailed by 9/11. An article in the Philadelphia Inquirer recounts the debate between those championing the need for security and those advocating preserving of liberties. An Op-Ed piece in the New York Times (registration required) observes that the government actions since 9/11 have been chipping away at the Jeffersonian vision of universal human rights.

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Letters to the Editor

Dear Editor:
The American Immigration Lawyers Association joins all Americans and our allies throughout the world, in remembering the tragic events of September 11, 2001. Our thoughts and deepest compassion continue to go to the victims, their families and friends. We honor the heroes of that day as well as the civilians and members of our armed services who, since 9-11 have battled terrorism and protect our national security.

This anniversary is a most fitting time to reflect and rededicate ourselves to the principles that bind our nation of immigrants: Freedom, Democracy, Due Process and Civil Liberties.

John L. Jack Pinnix
American Immigration Lawyers Association

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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