A Note from the Editors:

Practice Pointer Re BICE

In a steady stream of arrests in June and July, BICE has rounded up undocumented aliens in locations ranging from Sears Towers in Illinois, the Air Force Academy in Colorado and Saratoga Race Course in New York. What unites these seemingly disparate locations is that they are all "security-related" in the new post-9/11 mindset at the federal bureaucracy. One of your clients could be next in line for heavy-handed BICE enforcement if one of these clients is located near a military installation (a pizza-shop near a base entrance, for example), near a prominent landmark (a hair-dressing salon near Boston's Fanueil Hall, for example), near a place where large numbers of people congregate (an electrical contractor at a sports arena, for example), or even near a transportation hub (a cleaning supplies store near a tunnel entrance, for example). As the Sears Tower affair showed, I-9s are the latest new frontier for BICE: the Bureau asked for I-9 forms for about 30,000 workers in the Sears Tower area. Bear in mind that BICE now has 14,000 enforcers, up from a few hundred I-9 enforcers before the move to DHS. Even if just 20% of BICE's resources are targeted at immigration offenses, that would mean an increase of almost 5 to 10 TIMES over the pre-DHS days. The theory behind this massive round-up-in-making appears to be that securing critical installations is important to national security, and that removing the undocumented from strategic locations throughout America will somehow make us a safer country. In report after report, however, BICE appears to be finding mostly Mexicans, we have yet to hear of one report where an undocumented alien from Saudi Arabia was found as a result of this so-called security-related initiative. Rather than a thinly disguised crackdown on the undocumented, the proper course of action at BICE ought to be to concentrate their vast resources on genuinely anti-terrorist activities - a task more suited to a counter-intelligence approach than the police-style method used in BICE's sweeps. And the proper course of action for Congress is to change the law that has made law-breakers out of millions of people who are doing nothing more sinister than trying to feed their families.

We welcome readers to share their opinion and ideas on this topic with us by writing to weeklyeditor@ilw.com.

Articles

Staying Out Of Harm's Way: Immigration Pitfalls That Employment Lawyers And Their Clients Should Avoid: All Parts Compiled
Angelo A. Paparelli and John C. Valdez provide an overview of the immigration consequences of a variety of employment decisions.

New Statistical Yearbook Section Says 63% Of All Legal Immigrants Were Family Sponsored In FY '02
The INS released the Immigrants Section (46 pps.) of its 2002 Statistical Yearbook Section which presents information on the number and characteristics of persons who immigrate to the US.

From Deference To Acquiescence
Elizabeth Reichard writes "This case is important to note as it demonstrates the federal judiciary's indifference to the recent internal DOJ report documenting the department's own misconduct in the post 9/11 investigations and its acquiescence to the Bush administration where matters of "national security" are concerned."

OIG Report To Congress On Investigation Of Complaints Stemming From Patriot Act
The Office of the Inspector General of the Department of Justice issued a report (24 pps.) to Congress documenting the status of the investigations of the complaints received related to alleged abuse of the USA Patriot Act, including alleged immigration-related abuses.

BCIS Announces Somali TPS Extended
The Bureau of Citizenship and Immigration Services (BCIS) announced a 12-month extension of Temporary Protected Status (TPS) for nationals of Somalia until September 17, 2004.

Does Your Business Have a Web Presence?
Michael Shambaugh writes "Many people talk about creating a web site. I, instead, prefer to call it a web presence."

Samaritan Couple Devote Themselves To Helping Undocumented Immigrants
The Houston Chronicle reports "Unlike many other social services, however, those who come to Casa Juan Diego for help don't have to show identification or prove citizenship status. Mark Zwick jokes that, "To get our help, you have to prove that you're illegal."

Criteria For Naturalization And Selected Problem Areas
Cyrus D. Mehta writes "While naturalization appears to be a relatively simple process, it also has many pitfalls."

NY Mayor Bloomberg Feels Heat Over His 'Don't Ask' Immigration Policy
The New York Times reports, "In May, [NY] Mayor Michael R. Bloomberg issued an executive order altering the way city workers deal with immigrants. Seven weeks and much confusion later, he has conceded that he may have to change it."

Efforts To Suspend Deportation Of Korean Immigrants Continues
The San Jose Mercury News reports "The Santa Clara County Human Rights Commission threw its official support Tuesday behind a call to suspend the pending deportation of scores of Korean immigrants who claim they were the innocent victims of a green-card scheme between a corrupt government official and immigration consultants."

NY's City Clerk Keeps An Eye On Marriage Fraud
The New York Times reports, "Except for the half-dozen unsentimental entrepreneurs arrested last week after he blew the whistle on them for accumulating marriage licenses and selling their spousal services to men in search of green card benefits, [NY's city clerk's] no wet blanket on love."

Chile and Singaporean Free Trade Act: An H-1B Cap That Makes Sense
Gary Endelman writes "If we make it harder for H-1B beneficiaries to come, but easier for them to stay, then, at long last, America will have an H-1B cap that makes sense."

Golden Venture Refugees Seek Amnesty
The Atlanta Journal-Constitution reports "Nearly 40 Chinese refugees who fled their homeland 10 years ago aboard the Golden Venture freighter will not be deported while they seek amnesty from Congress, a federal immigration official said Wednesday. "

I know that the Immigration and Naturalization Act prohibits discrimination on the basis of citizenship status against "protected individuals." Where are the protected individuals?
Read a comprehensive answer from BCIS on who is protected from employment discrimination.

ILW Highlights

Processing Times Updated

Nebraska, California, Vermont Service Center, DOS, and DOL processing times have been updated.

Letters to Editors

To write to Editors, send emails to weeklyeditor@ilw.com.

Dear Editor:
Thank you for creating Immigration Weekly for all to contribute. Probably the most shocking aspect of all the legalization battles is that people in temporary professional worker categories are completely ignored or forgotten, as the politicians are more concerned about rewarding people who enter the country illegally. I am referring to visa categories such as the H-1, which I happen to fall into. I came to this country 12 years ago, and after receiving my college education began work using the H-1. I have passed through three employers, each of whom initiated labor certification processing for me, but all of whom also closed their businesses before I got the labor certification was processed. I am nearing the end of the maximum 6 years for H-1B, and risk losing a decade of honest, hard work. I would suggest that a provision be made that a person automatically qualify for green card if they have been on H-1B for 6 years. If the nation needed my professional skills for 6 years, does not it make sense I be rewarded with a green card? Or, is it not just and more humane that one be qualified for green card if he/she has continuously been in legal status for 10 years and without a criminal record? Will the immigration law be just and impartial if someone who broke this nation's law by entering the country illegally is rewarded with a green card using some legality, while another person who has proven his honesty and resourcefulness for 12 years of continuous residence, hard work and tax paying is rewarded with a deportation? I hope that this different perspective somehow gets to the nation's law makers.

Name Not Provided

Dear Editor:
Thank you for your editorial on Sen. John Cornyn's (R-TX) "guest worker" bill. It's a step forward in helping out those immigrants willing to contribute to the economic growth of this society. This is a good proposal and one could only wonder what the anti-immigration elements within the government officials will come up with. There are many immigrant university degree holders willing to work out there but are handicapped because of tough immigration laws. Some are skilled immigrants but couldn't start working because of fear of removal from the country. Many are Mexicans. One day and pretty soon, it shall be a dream come true to many of us out there. Thank you for your time and effort in getting these messages across at all times.

Name Not Provided

Dear Editor:
I am very happy to learn of the beginning of the legalization battle. I hope not just Mexicans will benefit because we are comprised of many more ethnicities. I am a profesional and I need to adjust my status. I have been living in the US for the past eight years. I love this country. I appreciate all that you can do for justice on our behalf.

Noemi

Dear Editor:
In response to the legalization battle begins, I hope this bill will be extended to all people, not just Mexicans.

Name Not Provided

Dear Editor:
People come to the US as a result of frustration in their native countries in search for work which is non existent. Most people cannot educate their children due to the high cost of education and the lack of good leadership. Most children cannot climb up the educational lader simply because their parents cannot afford it, no matter how hard they work. Looking at other factors, including: the rising cost of medication, malnutrition, high school drop rate, etc... It's no wonder people think that they can make life better for their famillies when they make it to the US. I think those who are already in the US should be permited to work. When they work, they can contribute to the development of the US economy by paying taxes. They also help their famillies back home and have the opportunity to provide an education to their children who are the future. What good will it be if children in third world countries cannot be educated? Help by promulgating laws of freedom for immigrants today. Children in third world countries need to be educated to know the difference between dialogue and war.

Name Not Provided

Dear Editor:
I believe that the undocumented must be punished. They create problems for legal immigrants in US. If you want to help legal people and improve what they endure during the immigration process, improve the time to receive green cards and help citizen Husbands and wives. Long processing times for greencard holders and husbands/wives create lots of problems in their marriage life. It is natural and only right that a husband and wife can stay together.

Rahul Sharma

Dear Editor:
It would be in the interest of the US if documented/undocumented workers are allowed to became legal permanent residents, those who are here from a certain cut-off date and remain here in the US. Legalization should not be only for those people who are from Mexico but should be avilable to all who have a good moral character.

Binod Roka

Immigrant Life

Immigration Weekly Exclusive

Higher Education of Undocumented Immigrants: The Student Adjustment Act:
Part 3 of 4
Lillian Kim continues her discussion on the higher education debate of undocumented immigrants.

Have an article or a story that you'd like to share with us? Send your story or article that you feel would be of interest to immigrants to weeklyeditor@ilw.com.

This week's chat schedule

ILW.COM announces that as of May 2nd, all chats will be held at 7:00 pm Eastern Time.

When	Attorney
Monday, July 28 7:00 pm Eastern Time	Mitch Berenson, Esq.
Wednesday, July 30 7:00 pm Eastern Time	Kyle Kinzy, Esq.
Friday, Aug 1 7:00 pm Eastern Time	To be announced

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