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Immigration Daily June 20, 2002
Previous Issues


Editor's Comments

We would like to thank our loyal readers for bearing with us while we were in California at the AILA meet. With this issue, Immigration Daily resumes normal news with a vengeance, to make up for the thin issues of the past 7 days and to ensure that our readers are fully informed of all the happenings in immigration law. Please take a moment to scroll through the almost two dozen items below to see which might be of interest to you.


ILW.COM Focus

Overview Of The Immigration Process

Immigration lawyers spend much time on the ever-changing rules of eligibility for visas, permanent residence, and citizenship. But at the heart of immigration practice is the process for obtaining and keeping these benefits. ILW.COM has invited Robert Divine to present a seminar series on the immigration process. Mr. Divine is the author of Immigration Practice, a well-respected, readable, 1,400 page handbook treatise on all aspects of immigration law that was just published in its 2002 (8th) edition, available at www.jurispub.com/books/immi.htm. Mr. Divine is the recently re-elected Chair of the 5 state "MidSouth" chapter of the the American Immigration Lawyers Association, and he is known for his no-nonsense, highly practical approach to discussing how to handle immigration problems.

This series would be a particularly good opportunity for attorneys and their paralegals efficiently to listen together as a training tool, and perhaps serve as a springboard for further in-house discussion and training about particular problems. Of course, it will be extremely helpful for relatively inexperienced immigration lawyers, and even experienced immigration lawyers will find Mr. Divine's overview of the process to be a helpful review.

For a detailed seminar course outline and syllabus, click here.

For more info, or to sign up online, click here.
For more info, or to sign up by fax, click here.


Featured Article

The Killing Fields
Jose Latour asks "how will the U.S. formulate an immigration policy that gives Mexico the special treatment she deserves as our southern neighbor with very unique immigration needs?"


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Immigration Law News

INS Proposes Rule For Monitoring And Registering Certain Aliens
INS proposed a rule which "seeks to modify the existing requirements to require certain nonimmigrant aliens to make specific reports to the Immigration and Naturalization Service: upon arrival; approximately 30 days after arrival; every twelve months after arrival; upon certain events, such as a change of address, employment, or school; and at the time of departure from the United States." INS also issued a minor correction to the notice.

INS Issues Rule On Juveniles
INS issued a rule for the delegation of authorities for various Detention and Removal Authorities and the Parole, Detention, Care and Custody of Alien Juveniles.

DOS Corrects Effective Date Of Visa Fees Interim Rule
The Department of State issued a correction to an interim rule on Visa fees which "inadvertently omitted the effective date of the interim rule."

DOS Seeks Comments
The Department of State sought comments on Form DS-157, Supplemental Nonimmigrant Visa Application.

DOJ Issues Guidance On National Origin Discrimination
The Department of Justice issued a "Policy Guidance Document" titled "Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons."

DOJ Awards Available For Trafficking Victims
The Office for Victims of Crime of the Department of Justice is soliciting applications "for awards that will support the creation and/or enhancement of collaborative networks that will provide comprehensive services for persons identified as trafficking victims in federal investigations or prosecutions within the United States" and "for awards to be made to eligible entities to provide discrete (single service, such as housing, legal, or medical), episodic, and rapid-response victim services nationwide wherever and whenever trafficking victims are identified in the course of a federal investigation or prosecution."

Refugee Grants Available
The Office of Refugee Resettlement, Administration for Children and Families, Department of Health and Human Services announced the availability of FY 2002 discretionary social service funds to public and private, non-profit agencies for projects to establish and manage Individual Development Account programs for refugees.

Rep. Tancredo Says His View Is Gaining Political Power
On the floor of the House of Representatives, Rep. Tancredo (R-CO) said "It is apparent to me that the point of view that I represent here this evening with regard to immigration control is gaining in acceptability and gaining in political power because the opposition to it is becoming more frightened, more vitriolic, more bombastic."

Senate Passes "Age-Out" Bills
The Senate passed S. 672 a bill "to provide for the continued classification of certain aliens as children for purposes of that Act in cases where the aliens ``age-out'' while awaiting immigration processing" and H.R. 1209, a bill "to amend the Immigration and Nationality Act to determine whether an alien is a child, for purposes of classification as an immediate relative, based on the age of the alien on the date the classification petition with respect to the alien is filed."

Sen. Kennedy Quotes Fifth Grader On Immigration
Sen. Kennedy (D-MA) commented on essays by fifth graders on immigration and quoted the final lines of the winning essay " Mom's family is from Poland, Dad's from Italy, if my grandparents didn't come there would be no me!"

President Bush Says Homeland Security Would Have Authority Over Visa Issuance By Consular Officers
The President's message to Congress on the draft for creating the Department of Homeland Security said "The Secretary of Homeland Security would have the authority to administer and enforce all immigration and nationality laws, including the visa issuance functions of consular officers." The message was transmitted to the House and to the Senate.

Wither INS Benefits In A "DHS?"
Rep. Souder (R-IN), speaking on the floor of the House of Representatives alluding to the functions of the INS other than security possibly including benefits adjudication said "the U.S. Customs Service, the Immigration and Naturalization Service, and the U.S. Coast Guard, which are among the most prominent agencies in the proposed reorganization, have critical missions unrelated to terrorism which cannot be allowed to wane and must be fully maintained."

Sen. Leahy Asks Republicans To Lift Secret Hold On Immigration Bill
Sen. Leahy (D-VT), in reference, inter alia, to the Anti-Atrocity Alien Deportation Act said "I appeal to my Republican colleagues in the Senate to lift their secret holds and to the Republicans in both Houses to stop obstructing these bipartisan bills, that are intended to protect our national security, our public safety, America's borders, and American businesses."


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Discovery Request Based On Hoffman Plastics Denied
Law.com reports that a U.S. District judge for the Southern District of New York has rejected "a discovery request made by lawyers for [a major garment maker] in a dispute over unpaid wages at Manhattan garment factories." The article quotes Senior Judge Whitman Knapp "the immigration status of plaintiffs in the case is not relevant and [poses] a danger of intimidation that would inhibit plaintiffs in pursuing their rights."

EOIR To Move Into Homeland Security
The Washington Post reports on the ongoing changes to the President's proposal to create a Department of Homeland Security and says that recent changes include a provision saying "specialized courts involved with the Coast Guard and the Immigration and Naturalization Service would be moved into Homeland Security."

State Department's Practices Outdated In Face Of Today's Terrorist Threats
The New York Post reports that Consular Affairs of the Department of State "is supposed to both provide public diplomacy on the front lines and screen out potential terrorists before they reach our shores. And it concentrates on the first job at the expense of the second."


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Classifieds

Help Wanted - Immigration Attorneys
Entry-Level Associate and Experienced Associate sought by San Francisco Bay Area Immigration law firm (job location: Oakland, CA). We excel at deportation defense, including asylum, international human rights defenses, discretionary (equitable) relief, as well as naturalization and family-based immigration. Great deal of trial work in the courts of the Federal Immigration Judges in San Francisco, California. Some Federal court litigation to challenge constitutionality of the jailing and deportation of our clients. Some "criminal alien" defense cases and post-conviction appeals in criminal cases. Entry-Level Associate position: Must speak either Spanish or Portuguese fluently for client interviews. Will draft narrative declarations for clients about their background experiences, hardships, or persecution in native country, and research news reports and NGO reports in support of claim. Will liaison with local social service providers for services and for assistance in case documentation. Draft legal briefs applying law to facts of clients' cases. Upon admission to Bar of any state, will begin to represent clients in hearings before INS examiners and Immigration Judges. Experienced Associate position (upto 3 years experience): Spanish not required for experienced Immigration Law practitioner. Depending on areas of interest and experience, the experienced associate will handle court hearings, waiver cases, BIA appeals, and/or Federal habeas corpus and petitions for review. For both positions: Highly competitive compensation includes salary, benefits, and fee sharing. Moving expenses. Sunny, high-tech office in historic landmark building at Oakland City Center, 15 minute BART ride to INS and Courts in San Francisco. Apply with resume by MAIL to: Immigrant Defense, Law Office of Robert L. Lewis, 409 13th Street, 16th Floor, Oakland, CA 94612. (Entry-level applicants, please state language skills with specificity and include sample of legal writing.) Please note: e-mail inquiries may be accepted, but attachments will NOT be opened. Email: immigrantdefense@aol.com

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Letters to the Editor

Dear Editor:
When I learned of ilw.com years ago, I had to step on board. Starting as a computer operator back in 1973, I absolutely knew that there was tremendous potential with computers, and in the world of immigration, the marketing potential is enormous. What better, faster and economical way is there to reach sophisticated people worldwide than over the internet? There simply isn't. Thank you ilw for making my thoughts a usable reality.

Alice Yardum-Hunter

Dear Editor:
This is just to inform you that the link to "EWIs To Be Picked Up By Native American Police" in the Immigration Daily June 14th issue is an invalid link.

Lyssa

Editor's Note: Links to items on other sites are checked for validity at the time of publication but often get broken later. We have no control over other sites.

Dear Editor:
The following Action Alert is being circulated at the request of the National Immigration Law Center.

Alert: Senate Judiciary Action on Undocumented Students this Thursday

If you live in one of the below-listed states, please contact your Senator right away. Urge him or her to vote in favor of S. 1291, the DREAM Act, at Thursday's mark-up because it is wrong to punish children for the actions of their parents.

Summary

The Senate Judiciary Committee will address the Hatch-Durbin student adjustment bill, S.1291, this Thursday, June 20. S. 1291, the (DREAM) Act, represents a bipartisan agreement by Senator Orrin Hatch (R-UT) and Senator Richard Durbin (D-IL) to provide relief to immigrant students. Specifically, the DREAM Act would provide immigration relief to undocumented young people of good moral character who have spent five years or more in the U.S., who have graduated from high school here, and who are at least 12 years old on the date of enactment. Additionally, the Hatch-Durbin DREAM Act would eliminate the federal provision that discourages states from providing in-state tuition to undocumented students.

The anti-immigrant Federation for American Immigration Reform has sent out an alert on this subject, so you can be sure that Senators will be hearing from their side. If you are from one of the below-listed states, you can help balance the anti-immigrant calls by calling your Senator right away.

Background

Each year, tens of thousands of undocumented students, many of whom have lived in the U.S. for at least 5 years, graduate from U.S. high schools. Most were brought here at a very young age by their parents, and thus had no part in the decision to enter the country illegally. Almost all of them speak English and consider themselves Americans; they've grown up here and are here to stay, but their lives are filled with uncertainty and hold little future so long as they cannot regularize their immigration status.

Under current law, most children are dependent on their parents for their immigration status and have no means of obtaining legal status even though they may have lived in the U.S. for many years. Additionally, federal law discourages states from providing in-state tuition or higher education assistance to these children. As a result, most will be prevented from attending college because they cannot afford out-of-state tuition and do not qualify for Pell grants or student loans.

The current law is detrimental to everybody, not just to the children who are forced to defer their dreams. When significant numbers of talented students in our communities are prevented from reaching their full potential, we all suffer. Class valedictorians, straight-A students, and idealistic youngsters committed to bettering society have all been subject to the same harsh rules.

A bipartisan coalition in Congress strongly supports legislation to help these young people, and several serious proposals are now under consideration on Capitol Hill. Last year, Senators Hatch and Durbin introduced separate versions of legislation, and now they have merged their proposals into one, the DREAM Act, S. 1291. In addition to the Hatch-Durbin proposal in the Senate, several bills have been introduced in the House. Representative Chris Cannon (R-UT) introduced H.R. 1918, the most important of the House bills, which was cosponsored by Howard Berman (D-CA) and Lucille Roybal-Allard (D-CA). Like the DREAM Act, H.R. 1918 would eliminate the federal provision that discourages states from providing in-state tuition. It would also legalize young people who have good moral character, have lived in the U.S. at least 5 years, are in school in 7th grade or above, and are under 21 years old.

Senate Judiciary Committee Members: Patrick Leahy, Chairman (D-VT) - (202) 224-4242; Edward Kennedy (D-MA) - (202) 224-4543; Joseph Biden (D-DE) - (202) 224-5042; Herbert Kohl (D-WI) - (202) 224-5653; Dianne Feinstein (D-CA) - (202)224-3841; Russ Feingold (D-WI) - (202) 224-5323; Charles Schumer (D-NY) - (202) 224-6542; Richard Durbin (D-IL) - (202) 224-2152; Maria Cantwell (D-WA) - (202) 224-3441; John Edwards (D-NC) - (202) 224-3154; Orrin Hatch, Ranking Member (R-UT) - (202) 224-5251; Strom Thurmond (R-SC) - (202) 224-5972; Charles Grassley (R-IA) - (202) 224-3744; Arlen Specter (R-PA) - (202) 224-4254; Jon Kyl (R-AZ) - (202) 224-4521; Mike DeWine (R-OH) - (202) 224-2315; Jeff Sessions (R-AL) - (202) 224-4124; Sam Brownback (R-KS) - (202) 224-6521; Mitch McConnell (R-KY) - (202) 224-2541.

For further information, contact: National Immigration Law Center Los Angeles Office: 213-639-3900 (general calls and requests for materials) Washington, D.C. Office: 202-216-0261 (calls regarding policy issues).

National Immigration Forum


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. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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