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Immigration Daily January 02, 2003
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Editor's Comments

We live in a fast-changing world, where immigration is deeply integrated with many issues, many more than most people realize. Take, for example, recent news reports about the birth of a cloned baby. The Deputy Spokesman of the Department of State was questioned about the citizenship status of this rumored baby, since some in the press understand that the mother has US citizenship. Here are some quotes from the DOS press briefing: "In the hypothetical situation of a cloned baby, this would be a new situation and therefore, at this time, we would be unable to determine how US laws regarding nationality would apply to this child ... in the case of a cloned baby, lawyers would have to take a look at the Immigration and Naturalization Act and determine whether the single parent in question transmitted citizenship ... A cloned baby would be a case of first impression and therefore we're unable at this time to determine how US law would apply." Please scroll down and click on the item to see the entire briefing. If you have any thoughts on the legal status of this rumored baby, please feel free to send us a letter to the editor at


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Featured Article

Special Registration - A Current Look On Its Implementation
Christine Flowers writes about the special registration requirements and on the manner in which NSEERS has been implemented.

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Immigration Law News

INS Seeks Comments
The INS sought comments on: Fee remittance form for certain F-1, J-1, and M-1 nonimmigrants; Form I-901.

INS To Require Detailed Passenger Manifests
The INS announced that, effective January 1, 2003, it will require all commercial carriers to submit detailed passenger data to the agency electronically before an aircraft or vessel arrives in or departs from the US.

DOS Speaks On Hypothetical Situation Of A Cloned Baby
Department of State Deputy Spokesman Reeker responded to several questions, including one on US laws regarding nationality in the hypothetical situation of a cloned baby.

Grijalva Standards Overturned Since Statute Now Requires Notice By Regular Mail Instead Of Certified Mail
In Salta v. INS, No. 01-71537 (9th Cir. Dec. 30, 2002), the court held that the Board of Immigration Appeals (BIA) and the Immigration Judge abused their discretion when they denied Petitioner's motion to reopen while applying the standards of proof of delivery laid down In re Grijalva, 21 I&N Dec. 27 (BIA 1995), since the Grijalva standards made sense in the context of certified mail and the statute has since been amended.

California Legislature Responds To Hoffman Plastics Supremes Decision
The San Francisco Chronicle reports "With little fanfare, a state law takes effect Wednesday with the goal of protecting tens of thousands of illegal immigrants from abuse at the workplace -- where it's unlawful to employ them but, advocates say, common to exploit them."

Bush 2004 Campaign To Court Hispanic Voters, Immigration Is The Issue
The St. Paul Pioneer Press reports on an internal White House document which "reflects plans to rejuvenate the debate in 2003 in an effort to court Hispanic voters in 2004."

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Letters to the Editor

Dear Editor:
I have noticed that many of the letters you published which favor the more "restrictionist" view of immigration are anonymous. This is just my own personal observations and not a scientific sampling. I acknowledge the value of anonymous letters. There was even a debate within the past year on ILW.COM regarding that. However, to those who feel the same way as I do on immigration, it is my opinion that in order to push our side of the debate vigorously and credibly, we should have the courage of our conviction and be proud to include our names. The other side is certainly not timid in including their names in their letters, and in fact, seem do so with enthusiasm. My theory is that some of us on the so-called restrictionist side have bought into the labels pinned upon us by the p.c. thought police such as "intolerant", "racist", "cruel", etc. Thus, we feel guilty when expressing our opinions in a public forum such as here. These labels are manifestly unfair and are simply tactics to obfuscate true debate of ideas. One can be in favor of legal immigration and yet be against illegal immigration at the same time. Let's assert our belief bravely with no fear, as only with an honest discussion of ideas will the immigration system be improved.

Liem Doan, Esq.

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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