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Immigration Daily

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Immigration Daily December 19, 2002
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Editor's Comments

As the White House Press Secretary made clear yesterday, the administration remains committed to some form of renewal of section 245(i). This sends a clear signal to Republican legislators that their Party's leader views immigration in a positive light. Anti-immigration Republicans are unlikely to be very comfortable opposing an administration initiative on immigration. This may partly explain an apparent change of heart by Rep. Tancredo (R-CO). As reported in the Rocky Mountain News yesterday, Rep. Tancredo will be helping raise money for a 5-year old Mexican boy with leukemia, who is undocumented. While there is plenty of bad news about in the immigration field today, we see reason for hope when President Bush supports a resurrection of 245(i) and where even Rep. Tancredo does not sweep all the undocumented with one broad brush.


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Approximately 200,000 searches are made each year for immigration attorneys on ILW.COM. That's almost 400 searches per year per attorney listed in our lawyer directory. Which means that if you are listed with ILW.COM, then your listing will be searched once each day throughout the year. You need only one client a year to make a profit on your listing! For a personal discussion on listing your practice in our directory, please send an e-mail with your phone number to Alternatively, if you prefer to list yourself on-line, please click here:

Featured Article

Start of Special Registration has Disturbing Echoes of Past National Origin Dragnets
Carl R. Baldwin writes about the special registration requirements and said, "The bitter irony is that the program is designed to trap terrorists, yet common sense tells us that a real terrorist would not dream of doing anything so law-abiding as complying with a government requirement."

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Immigration Law News

BIA Says Unclaimed & Returned Certified Mail Constitutes Proper Receipt Of Notice
In re M-D-, 23 I&N Dec. 540 (BIA 2002) (Dec. 18, 2002), the Board of Immigration Appeals (BIA) said that where a notice is sent by certified mail to the respondent's correct address, but is returned by the US Postal Service marked "unclaimed" this constitutes proper receipt of a notice to appear and notice of the hearing date and is a rebuttable presumption that can only be overcome through evidence that the Post Office had not attempted or had conducted improper delivery.

INS Releases New Section Of Final 2001 Statistical Yearbook
The INS released an additional section, Naturalization, that will be included in the final edition of the 2001 Statistical Year Book. The Naturalization section (32 pps.) presents interesting statistics on persons who come to the US for naturalization, including the fact that INS naturalized 608,205 persons in FY2001.

Two Immigration Judges Sworn In NY
The Executive Office for Immigration Review of the Department of Justice issued a press release stating two Immigration Judges, Vivienne E. Gordon-Uruakpa and Joseph Russelburg, were sworn in today as Immigration Judges in New York.

Governor Ridge On Future Of Homeland Security Personnel
Governor Ridge in a town hall meeting referring to the INS's future division said, "And as you know, the legislation really takes INS -- it terminates the agency, as it presently exists, on January 24th. You're divided into three sections, the judicial, review, stays of justice. And there's a citizenship and immigration bureau, and then there's an enforcement bureau."

White House Position On Alien Registration
White House Press Secretary Fleischer addressed on behalf of President Bush a question posed regarding Muslims' concern that they are being discriminated against because of their religion.

Immigration Checkpoint Stop Is Reasonable
In US v. Moreno-Vargas, No. 02-40688 (5th Cir. Dec. 18, 2002), the court said that Defendant's immigration stop at an immigration checkpoint was valid because that checkpoint has as its primary programmatic purpose the enforcement of the immigration laws.

Alleged Fifth Amendment Violation Is Not Plain Error Since It Was Not Raised Before District Court
In US v. Bustos-Hernandez, No. 02-1399 (8th Cir. Dec. 18, 2002), the court said there was no plain error in the district court's requirement that Defendant report to the Probation Office if he reenters the US after being deported.

More Immigrants Serve In Military
The Star-Telegram of Dallas-Fort Worth reports "More and more legal immigrants are serving in the military. Some were compelled to enlist by patriotism for their adopted homeland. Others are using the military to help pay for their education or meet career goals."

Police Chiefs Support Drivers Licenses For Undocumented
The Atlanta Journal-Constitution reports "Police chiefs in Atlanta and DeKalb County and three smaller locations in Georgia have lined up behind a proposal to grant driver's licenses to illegal immigrants."

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Letters to the Editor

Dear Editor:
I am not able to pull up any of the links I receive from ILW.COM via the Immigration Daily. Can you please help?

Shelly Crow

Editor's Note: You probably have an old version of Netscape Navigator. We recently redesigned our site, and you may want to upgrade to a newer version of Internet Explorer (or Netscape Navigator) to use all the features of the site.

Dear Editor:
This letter is in response to Frecker's letter dated 12/18/02. The study released by the National Academy of Science in 1997 was actually very favorable to immigration. It is subtitled: "Overall US Economy Gains From Immigration, But It's Costly to Some States and Localities" A recent writer quoted out-of-context figures (cited for those states and/or localities where costs exceeded benefits at the time of the study) as applying to the country overall. The Urban Institute Study of May 1994 was another, favorable to immigration, well-written, lengthy monograph entitled: "Immigration and Immigrants--Setting the Record Straight" from which I will quote only its overall picture: "There is no strong evidence that immigration reduces overall availability of jobs or wages. Immigrants may reduce the employment opportunities of low skilled workers, however, especially in areas where the local economy is weak and immigrants are concentrated. Immigrants do not hurt the job prospects of African Americans as a whole, but it reduces their economic opportunities in areas of high immigration during recessionary periods. New immigrants appear to hurt the overall labor market of one population group--the immigrants who immediately preceeded them. Immigration may also be altering the movements of native workers into and out of high immigration areas. Immigrants contribute substantially to the US economy. They create more jobs than they themselves fill. They do so directly by starting new businesses and indirectly through their expenditures on U.S. goods and services." Once again, the writer took figures out of context from this study. I found the article by Donald Hubble in a publication by CCN (the Caring Capacity Network), which is anti-immigrant and advocates an immediate moratorium on immigration.

Richard E. Baer DVM

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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