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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
November 3, 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
ILW.COM Featured Article 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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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

In Couples Separated by Borders Laura Tripiciano and Leslie Karam write about the limited options for same-sex couples under US immigration law in comparison to the rights enjoyed by gay and lesbian citizens of other countries. The "Permanent Partners Immigration Act of 2000" would allow gay and lesbians to petition for immigration benefits for their permanent partners. Unlike the social security or the IRS, the INS requires more than just a marriage certificate as evidence of a permanent partnership. It already has in place policies and procedures to determine the whether a bona fide union exists. Enactment of the "Permanent Partners Immigration Act of 2000" would impose no hardship on the government, but it would make all citizens equal before the law.


Federal Register News of the Day

English Language Fellow Program
The Bureau of Educational and Cultural Affairs is soliciting proposals from U.S. non-profit educational institutions/organizations to manage and administer the 2001 English Language Fellow Programs. The purpose of this program is to promote the teaching of English to facilitate democratic institution building and to encourage participation in the global economy. Programs must comply with J-1 visa regulations and English Language Fellows must be U.S. citizens.


Cases of the Day

Control of Gun is Possession
[You will need Acrobat to read this file]
In Aybar-Alejo v. INS, No. 97-1583 (1st Cir. Nov. 1, 2000), the court found that for immigration purposes, Petitioner's conviction for control of a firearm was the same as a conviction for possession of a firearm, making her ineligible for suspension of deporation.

Remand for LPRs With Pending Deportation Proceedings
The court in Loa-Herrera v. Trominski, No. 99-40122 (5th Cir. Oct. 31, 2000), vacated and remanded its earlier decision regarding the seizure of green cards from lawful permanent residents (LPRs) in removal proceedings. The court determined that the federal regulations at 8 CFR 264.5(g) were controlling and that federal courts have no jurisdiction to review parole decisions by the Attorney General.

No Mandatory Detention for Released Alien
[You will need Acrobat to read this file]
In In re West, Int. Dec. 3438 (BIA, October 26, 2000) the Board of Immigration Appeals (BIA) found that the mandatory detention provisions do not apply to an alien who was convicted after the expiration of the Transition Period Custody Rules, but who was last released from custody prior to the expiration of the Rules and who was not physically confined or restrained as a result of that conviction.


Congressional News of the Day

Jackson-Lee Comments on Broadcasting Visas
Rep. Jackson-Lee expresses her support of S. 3239 which would provide special immigrant status for certain international broadcasting employees. Rep. Jackson-Lee states, "This bill would provide the assistance that the international broadcasting industry needs to continue to provide essential news coverage around the world."

Rep. Foley Opposes Amnesty
Rep. Foley speaks against a blanket amnesty policy and urges the House to remain in session and fight a good fight for the constituents while resolving pending issues.

Rep. Mica Speaks Against Amnesty
Rep. Mica speaks about immigration and states that he was a strong proponent of legal immigration but "to cave in at this point and to go along with the President's demand to grant amnesty to millions of people who are here illegally, it just sends the wrong message."


INS News of the Day

President Intends to Reappoint Member of Fulbright Scholarship Board
President Clinton announces his intention to reappoint Caroline Matano Yang as a member of the J. William Fulbright Foreign Scholarship Board which is responsible for the selection of participants in the Fulbright educational exchange programs and finances studies, research, and other educational activities for American citizens and nations abroad and for citizens and nationals of foreign countries in American Universities.

President Signs Hmong Veterans' Naturalization Act of 2000
In a White House Press Release the President stated that he has signed into law H.R. 5234, which extends the applicability of the Hmong Veterans' Naturalization Act of 2000 to certain former spouses of deceased Hmong veterans.


ILW.COM Featured Article of the Day

Couples Separated by Borders
Laura Tripiciano and Leslie Karam write about the limited options for same-sex couples under US immigration law in comparison to the rights enjoyed by gay and lesbian citizens of other countries.


Immigration News of the Day

Clinton is on the Right Side of the Immigration Bill
An opinion piece in the Mercury News explains the three reforms that Clinton is insisting on and why Clinton is right in making changes in immigration laws a condition for the passage of the $40 billion bill to fund the Departments of Justice, Commerce and State.

Little Candor and Loud Silences
An article in the Washington Post points out that in the election race both Al Gore and George W. Bush have failed to speak with candor or clarity on two problems that will profoundly shape America's future and intersect in possibly disturbing ways: immigration and an aging population.


ILW.COM Highlights of the Day

INS FAQs
Read comprehensive immigration information in the form of INS FAQs.


ILW.COM Chats and Discussions of the Day

Chat With a Lawyer
ILW.COM holds regular chat sessions with lawyers. Need an answer to an immigration question? Log on to chat with lawyers.


Letters to the Editor

Dear Editor,

The decision by the Republican majority in Congress to adjourn without restoring 245(i) or moving up the registry date entirely takes the political momentum out of both issues and checkmates the attempt of the Clinton Administration to gain an electoral advantage prior to the November elections from their skillful exploitation. It reminds us again the vagaries of marrying immigration policy with political tactics. The imbalance between the number of H-1B visas and the number of Employment-based immigrant visas is greater now than ever before. Sooner or later, the pressures within the system resulting from such lack of symmetry will no longer be able to be kept in check and Congress will be pressured to act by raising the quotas themselves. This is obviously what the pro-immigration forces are counting on. In one sense, this is political realism since the Democrats would never have accepted positive action now on the EB-quota issue. Beyond that, Congress responds to emergencies backed by money and lobbying rather than setting policy in advance of a crisis. There is an institutional bias against being proactive. However, the business lobby is taking a real risk in putting off the ultimate solution for another day. The economy is cooling off, the magic of the dot.com boom is beginning to fade, and the business cycle has yet to be repealed by the digital age. Leaving to tomorrow what we did not do today leaves the whole issue completely vulnerable to forces that we do not even know about much less control. The making of immigration policy as a series of incremental emergency campaigns may be inevitable but it is high stakes poker and we may not like who gets to pick up the winnings.

Gary Endelman


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