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Immigration Daily

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Immigration Daily September 24, 2002
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Editor's Comments

Today's Featured Article is by Daryl F. Bloom, Assistant District Counsel - INS Philadelphia District who writes on "INS's Role In Fighting Terrorism." Mr. Bloom was the INS's representative at the Strategic Information and Operations Center which was the heart of the Pentagon/Twin Towers Bombing Investigation. In other words, Mr. Bloom knows the subject about which he writes.

The article offers a fascinating window into the government's response to the terrible terrorist attacks of 9/11, and we are heartened to note the dedication of government employees in responding to those attacks. This article offers a front-row seat into the actions and workings of the INS in the terrorist investigations - a subject surely of interest to Immigration Daily readers.

Beyond the obvious points, there are a number of gems in this article. This one, for example could be a surprise to some in the anti-immigration camp: "A common fallacy is that the INS can detain aliens based solely on their illegal presence in the United States. Although aliens arriving in the United States are not eligible for bond, there must be a justification for the detention of aliens already present in the United States."

What we found particularly interesting, and unfortunately also particularly troubling, was this: "Authorized INS officers have the power to board and search for aliens on any vessel within the territorial waters of the United States, and any railway car, aircraft, conveyance, or vehicle within a reasonable distance from any external boundary of the United States. INS officers also have extended interrogation and arrest authority. Authorized officers and employees of the INS have the power, without warrant, to interrogate any alien or person believed to be an alien, as to his or her right to be, or to remain, in the United States." In the hands of the wrong person(s), this gives the Executive Branch powers over US citizens in the United States, based merely on a "belief" that they are aliens, powers which, are, in many cases, subject only to limited, or no, judicial review. Our nation is headed down a slippery slope. We doubt if the Founding Fathers would approve of this.

That said, this article is on a subject of uncommon interest, and is written by one who speaks with authority. We commend it to our readers' attention.


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Featured Article

INS's Role In Fighting Terrorism
Daryl F. Bloom, Assistant District Counsel - INS Philadelphia District writes "A common fallacy is that the INS can detain aliens based solely on their illegal presence in the United States. Although aliens arriving in the United States are not eligible for bond, there must be a justification for the detention of aliens already present in the United States."

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Immigration Law News

BIA Must Consider Most Recent Country Report When Pro Se Litigant Cites It Without Attaching It
In Abassi v. INS, No. 01-70846 (9th Cir. Sep. 23, 2002), the court held that when a pro se litigant refers in his motion to "recent Country Reports," the Board of Immigration Appeals (BIA) is obligated in considering the motion to consider the most recent relevant country condition profile published by the US State Department and said that it could not review the BIA's refusal to reopen sua sponte Petitioner's untimely motion to adjust status.

Case Summary Is Sufficient Evidence Of Waiver Of Counsel For Enhancement Of Sentence
In US v. Molina-Barajas, No. 01-2195 (10th Cir. Sep. 20, 2002), the court said that the Defendant, whose sentence for illegal reentry was enhanced for a prior conviction for misdemeanor burglary, did not offer any substantive evidence to contradict the Case Summary which showed that he had waived his right to counsel, and merely objected that the government had not produced a signed waiver.

GAO Says Financial Reports Of National Conference On Citizenship Are Clean
The General Accounting Office of Congress issued its review of the National Conference on Citizenship saying that its "review disclosed no reportable instances of noncompliance with the financial reporting requirements of the law."

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"Don't Ask, Don't Tell" As Immigration Policy
A columnist for the Rocky Mountain News says "Like it or not, the "wink-wink" policy that's been in effect for some years now works well for most everyone. Don't ask, don't tell."

Immigrants Vital To Economy
Writing in the Atlanta Journal-Constitution, immigration attorney Karen Weinstock says "Immigrants, both legal and illegal, make a vital contribution to the economy today and will play an ever-greater role in keeping this country strong."

Feds To Fingerprint And Track Saudis, Pakistanis, Indonesians And Malaysians
Worldnetdaily reports that a limited-circulation, not-for-the-public, Justice Department memo says that some nationals of Saudi Arabia, Pakistan, Indonesia and Malaysia would be subject to fingerprinting and tracking in the US.

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Letters to the Editor

Dear Editor:
In the letter to the editor on September 19, 2002, Mr. or Ms. "Not So "Minnesota Nice" Right Now!" may have meant "blarney" instead of "blimey" . . . . and I believe that is the King's English. As to his or her observation that "few of us (lawyers) would be so bold as to deny we have never made a mistake.", I totally agree . . . and in fact recently opined in poetic form on the subject, hopefully for the enjoyment of overburdened immigration lawyers who need a break from the pressures of practice before remanding them to the drudgery of everyday life in the office . . . . .


Erasers on pencils
Were made for a purpose,
To correct our mistakes,
Which are otherwise worthless.

We affix them atop
That long wooden tool
Which we use to create,
To suggest, and to rule.

We use them at times
When we say things on paper,
Or when we want to edit
A nefarious caper.

They're used without thinking,
Or to save us from harm,
And we use them at times
When we don't give a darn.

The rubber they're made of
Is red, blue or yellow,
They can be used by child,
A girl or a fellow.

They wear down quite easy
If you use them a lot,
But if you've never used one,
You're prob'ly a sot.

Now you all may wonder
Why I'd write this poem
About an eraser that
I've never known.

But this I will tell you,
In my life before,
I've used quite a few . . .
Now I'll say no more.

David D. Murray, Esq.
Newport Beach, CA

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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