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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
October 13, 2000
Contents:
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
INS News of the Day
DOS News of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
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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. Correspondence to editor@ilw.com. Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

Rep. Lamar Smith in a press release about information obtained from the INS in response to a subpoena form the House Committee on the Judiciary states, "[i]llegal immigration skyrocketed after the massive 1986 amnesty for illegal aliens." He cited the INS figures that illegal immigrants residing in the United States averaged 457,000 in each of the five years immediately following the last amnesty (1987-1991) rising to a peak of 585,000 three years after the amnesty. This number is 197% higher than the average net increase of 154,000 in the five succeeding years (1992-1996) after the effects of the amnesty had dissipated. There is more than one side to the story. Part of what Rep. Smith, and many others, refer to as an amnesty is actually advancing the registry date. Unlike the amnesty of 1986 which allowed people who had been here for only a few years, registry recognizes that people who have resided for a long time in the United States, with or without benefit of law, have built family, business and emotional ties to this country. The 1986 law, which had separate amnesty provisions, moved the date from 1948, or almost 40 years, to 1972, a fourteen-year period. While time has marched on this date has remained fixed. Updating the law to change the registry date from 1972 to 1986, maintaining the fourteen-year period, and providing for an annual advance in the date is the right thing to do.


Federal Register News of the Day

Notice of Availability of EA for the Installation of a Remote Video Surveillance System
The INS has completed an Environmental Assessment (EA) for the Installation, Operation, and Maintenance of a Remote Video Surveillance system in along the northern border in Whatcom County, Washington.


Cases of the Day

Certification For Housekeeper Denied For Lack of Supervisory Duties
In Dr. Michael Greene, 2000-INA-28 (BALCA Sept. 21, 2000), the Board of Alien Labor Certification Appeals (BALCA) agreed with the certifying officer (CO) that the duties as described by the employer were primarily performing tasks such as cooking, cleaning, laundry and child care, and so were those of a household worker and not a housekeeper.

Delay in Contacting Applicant Shows Lack of Good Faith
The Board of Alien Labor Certification Appeals (BALCA) found in Aquatec Water Systems, 2000-INA 150 (BALCA Sept. 21, 2000), that the employer had not made good faith efforts to determine whether a US worker was qualified for the job when it waited a month before placing a telephone call, waited another month before placing a second call and another 30 days before sending a letter by certified mail, return receipt requested.

General Cleaning in Household Not a Skilled Labor Position
In Kraft Houselhold, 2000-INA-234, (BALCA Sept. 21, 2000), the Board of Alien Labor Certification Appeals (BALCA) agreed with the Certifying Officer (CO) that including the duties of "general cleaning in the household" meant that the position was actually that of a general household worker and not a skilled labor position and that rejection of an applicant on the grounds that the employer was more comfortable with the alien, whom she knew personally, than with a stranger in her house was unlawful.


Congressional News of the Day

Senate Passes Victims of Trafficking and Violence Protection Act of 2000
After much debate the Senate agreed to the conference report of H.R. 3244, "Victims of Trafficking and Violence Protection Act of 2000," (long download) by a 95 to 0 vote. The Act contains legislation to combat trafficking in persons, especially women and children, as well as the reauthorization of the Violence Against Women Act (VAWA) which makes important revisions to the immigration laws that protect battered immigrant women.

H.R. 5448 Referred to Committee on the Judiciary
H.R. 5448, a bill to give priority for certain family-sponsored immigrants based upon educational attainment and to require diversity immigrants to have a bachelor's degree, was introduced in the House of Representatives and referred to the House Committee on the Judiciary.

Senators Debate the Victims of Trafficking and Violence Protection Act of 2000
Members of the Senate proceeded to debate the conference report accompanying H.R. 3244, "Victims of Trafficking and Violence Protection Act of 2000" (long download) which includes the Trafficking Victims Protection Act of 2000, Violence Against Women Act of 2000 and miscellaneous provisions.

Lamar Smith Speaks Against Amnesty
Based on information obtained from the INS in response to a subpoena, Rep. Lamar Smith found that the number of illegal aliens residing in the United States averaged 457,000 in each of the five years immediately following the 1986 amnesty. He argues that amnesty is unfair to those who are waiting for visas, invites fraud and punishes legal immigrants.


INS News of the Day

Suspension of Entry of Certain Nationals from Sierra Leone
In a White House press release the President declared that it is in the interest of the US to restrict the entry into the US as immigrants and nonimmigrants of certain foreign nationals who plan, engage in, or benefit from activities that support the Revolutionary United Front or that otherwise impede the peace process in Sierra Leone, and the spouses, children of any age, and parents of such persons.

President Comments on the Passage of the Victims of Trafficking and Violence Protection Act of 2000
The President congratulated the Congress on its bipartisan work to pass the Victims of Trafficking and Violence Protection Act of 2000 and commented that, "These initiatives have been important priorities of my administration and I look forward to signing this bill into law."

Statement by the Vice President on the Violence Against Women Act
In a White House press release the Vice President stated that, "Thanks to a strong, bipartisan vote in the US Senate, Congress has completed action to reauthorize the Violence Against Women Act, so that we will be able to continue working on behalf of women, children and families throughout the country."


DOS News of the Day

Potential Oversubscription Of Philippines Employment Third Preference
The Philippines EB-3 category is experiencing very heavy applicant demand. It is expected that this will require the establishment of a cut-off date in December to hold visa issuances within the annual numerical limits.


Immigration News of the Day

Desperate at Dawn: Illegals Beg for Work
An article in the Chicago Sun Times describes the day-to-day life and working conditions of illegal Hispanic immigrants in the Chicago area.

Criminals Criticize INS Law Enforcement
According to APBnews.com numerous criminals are criticizing IIRIRA, which increased the number of deportable offenses to include such minor charges as shoplifting. The INS even agrees the current law goes too far, and has urged Congress to restore the discretion that has been largely stripped from immigration judges.


ILW.COM Highlights of the Day

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ILW.COM Chats and Discussions of the Day

Special Chats!
On Wednesday, October 18, 2000, at 9:00 p.m. Eastern (New York) time Linda Dodd-Major, Acting Director of DOJ/INS Office of Business Liaison, will answer questions on employment-based immigration. Canadian immigration attorney Catherine Kerr will answer questions on Wednesday, November 1, 2000, at 9:00 p.m. Eastern (New York) time. Mark your calendars now.


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