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Immigration Daily

 

Chinese Immig. Daily



The leading
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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
Gary Endelman, Esq., Columnist
Joel Stewart, Esq., Columnist
July 19, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
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[ Searchable archive of past issues ]


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.

Editor's Comments of the Day

A letter to the editor states, "Today I listened to a commercial in a Spanish radio (I don't usually listen to Spanish radio so it was the first time I heard something like that). It was from some law offices or immigration offices telling people to take advantages of the new changes that the government had made. The ad was urging people to act quickly and call them. They said there was no charge for consultation. My question is: Is it true that there have been any immigration law changes or not?" A recent article in the New York Times highlights the cruel reality faced by many illegal immigrants. They are unfamiliar with the law and often encounter a language barrier. They trust and give money to some unscrupulous person who promises to get them a green card or some other immigration benefit. When the would-be immigrant realizes he has been had, if he has not already been deported or removed, he will most likely not report the crime or cooperate in an investigation. Unfortunately this exploitation of illegal aliens will not be eliminated easily. When an illegal alien asks the question "how can I stay here legally?" the forces which push people to spend weeks sealed in a cargo container, to set to sea on a leaky raft or to brave the bullets used by our border patrol make it likely that he will not hear the answer-that there is no way.


Federal Register News of the Day

Proposed Rule to Allow for 212(c) Relief
This rule would create a uniform procedure for applying the law as enacted by the Antiterrrorism and Effective Death Penalty Act of 1996 (AEDPA). This rule would allow certain aliens in deportation proceedings that commenced before April 24, 1996, to apply for relief pursuant to section 212(c) of the Immigration and Nationality Act (INA). The Attorney General proposes to acquiesce in the courts' conclusion, as a matter of statutory construction, that Congress intended that section 440(d) of AEDPA not be applied to deportation proceedings that had been commenced before AEDPA was enacted into law.


Cases of the Day

Court Denies Petition for Review Deferring to INS Interpretation of Federal Regulations
In William v. INS, No. 99-60422 (5th Cir., July 17,2000), the 5th Circuit Court of Appeals defers to the INS' interpretation of the federal regulations while recognizing that the petitioner's interpretation was also reasonable. The Court affirmed the Board of Immigration Appeals decision to dismiss, as untimely, the petitioner's motion to reopen deportation proceedings.

9th Circuit Applies Rationality Test to Classifications of Immigrants
In Aleman v. Glickman, No. 98-16893 (9th Cir., July 17, 2000), the 9th Circuit found that "rational basis review" was the appropriate level of scrutiny and that it was not irrational for Congress to grant food stamps to an alien whose spouse had worked 40 qualifying quarters and died while still in the marriage, but to deny the same benefits where the marriage ended in divorce.


Congressional News of the Day

S. 2812, Waiver of the Loyalty Oath for Disabled Persons, on Agenda
S. 2812, Waiver of the Loyalty Oath for Disabled Persons, is on the tentative agenda of the Senate Judiciary Committee Executive Business Meeting for Thursday, July 20, 2000. This legislation would amend the Immigration and Nationality Act to provide a waiver of the oath of renunciation and allegiance for naturalization of aliens having certain disabilities.


INS News of the Day

ILW.COM invites the submissions of correspondence about matters of immigration law from government agencies. Submissions may be published. Please send to editor@ilw.com.


ILW.COM Featured Article of the Day

ILW.COM invites the submission of articles about immigration law from attorneys, paralegals, foreign student advisors, human resources personnel, scholars and those whose lives have been effected by the laws.Please send articles to editor@ilw.com.


Immigration News of the Day

Immigrants Seeking Help With INS Fall Prey to Con Artists
The New York Times (registration required) reports that there are hundreds of con artists who often pose as immigration lawyers and prey on desperate immigrants ignorant of the legal system. According to the article, INS has done little to crack down on the activity and district attorneys' offices rarely investigate the cases due in part to the reluctance of victims to speak to authorities.

Like Elian, Phanupong Belongs in His Own Home
The Los Angeles Times discusses the Elian-type division over what should happen to Phanupong, a three-year old boy who arrived in the US under dire circumstances. Some believe that he would be better off in the land of his birth while others argue that he should stay in the US until they are assured of his welfare back home--and their standards for this welfare are very high.

Undocumented Workers Come at Price to Hotels; Hiring Strategies Emerging
Yahoo News reports that according to the San Diego Daily, between a pilot program through the INS and policies at San Diego hotels, administrators are putting up a good fight to weed out undocumented workers before they are hired reducing the costs associated with having an unstable work force.

Asylum-Seeking Princess Faces US Charges
According to Salon.com, an immigration judge ruled that a Bahraini princess who fled her country with fake documents to marry a US Marine must face charges of illegally entering the United States.

H-1B Visa Fight Escalating
An article in Wired.com reports that a coalition of engineers has launched a grassroots campaign to oppose further increases to the annual cap on technology visas to the United States.


ILW.COM Highlights of the Day

Are you anxious about when your green card will be approved?
Visit http://www.ilw.com/govttimes/index.shtm for Processing Times information.


ILW.COM Chats and Discussions of the Day

Chat with Karen Meade, Esq.
The transcript of the June 26, 2000, chat with Attorney Karen Meade has been added to our page of transcripts of previous chat sessions. If you missed the chat or just want to review the answers check the chat transcripts.


Letters to the Editor

Dear Editor
Today I listened to a commercial in a Spanish radio (I don't usually listen to Spanish radio so it was the first time I heard something like that). It was from some law offices or immigration offices telling people to take advantages of the new changes that the government had made. The ad was urging people to act quickly and call them. They said there was no charge for consultation. My question is: Is it true that there have been any immigration laws changes or not?

Thanks,

We encourage correspondence on any immigration related matters and comments on the ILW.COM site. Send letters to editor@ilw.com. Letters may be edited for clarity, legal and space considerations, and may be published and otherwise used in any medium.


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