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Editor's Comments
ILW.COM is a platform for the exchange of information on immigration law.
One of the ways in which we facilitate this information exchange is through
our "Chat With Lawyers" section. With three chats most weeks, ILW.COM has
more immigration law chat than any website on the internet. Our chats are
moderated by an ILW.COM immigration attorney, and permit an audience of
about 100-200 to chat with one immigration lawyer in a chat session of one
hour. Several ILW.COM member attorneys find chatting an effective way to
develop clients. Many attorneys have reported that chatting helped them
learn about a broader spectrum of immigrants than typically seen by a law
office, and have called it a fun and educational experience. Only ILW.COM
member attorneys may chat. To schedule a training session, or to explore
whether chat would be interesting for you, please send an email to
webmaster@ilw.com.
For those unfamiliar with this exciting new communication and
client-development tool, you may want to take 5 minutes to attend one of
our free chats, and see for yourself. Our chat calendar is at:
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ILW.COM Focus
Why Criminal Issues Matter To All Immigration Attorneys
Since IIRIRA, the government has gradually "criminalized" immigration
practice, including business immigration practice. About the only thing
that is not yet an aggravated felony is jaywalking. Recent government
initiatives on Change of Address enforcement and Special Registration will
likely morph gradually "criminalizing" immigration practice further as and
when non-compliance or late-compliance on AR-11s and registration is
transformed from an administrative and technical lapse into a felony.
Immigration practice, particularly business immigration practice is slowly
changing from being primarily adminstrative practice involving forms to a
semi-litigational one where administrative hearings are part-and-parcel of
the attorney's lot. To confront the new business realities, it is important
for immigration practitioners to arm themselves with the concepts
surrounding criminal issues.
Our new seminar "Immigration Consequences of
Criminal Convictions: Problems, Solutions and Best Practices" (January 23, February 13, March 20) is led by
noted business immigration expert Angelo Paparelli. Joining him is a
veritable who's who of experts in this area - Dan Kesselbrenner who is
widely revered for his scholarship, Lory Rosenberg who served until
recently on the Board of Immigration Appeals, and Norton Tooby who has the
most experience in speaking on this topic for many years.
Please click on
the links below for a detailed curriculum and bios for the speakers.
Whether you are in business immigration practice, family immigration
practice, deportation practice or any other kind of immigration practice,
you will likely benefit from the wealth of knowledge from this seminar
series. You can take our phone seminars from the convenience of your
office. Your staff and professional colleagues can also attend the seminars
with you at no extra cost on a shared speaker-phone at your office. Our
seminar speakers are given sufficient time to explore issues in depth with
our audience, including lengthy and detailed Q&A sessions. To propel your
practice ahead in 2003, click on the links below to learn more.
For more info, including detailed curriculum, speaker bios, and
registration information online, click here.
For more info, including detailed curriculum, speaker bios, and
registration information by fax, click here.
Featured Article
Seventh Circuit Admonishes Immigration Judge for Violating Due Process Rights of Asylum Applicant
Carl R. Baldwin writes about the recent Kerciku v. INS decision.
Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/
Immigration Law News
Restoration Of Fairness In Immigration Act of 2003 Introduced
Congress introduced today the "Restoration of Fairness in Immigration Act of 2003". During the debate, Rep. Conyers (D - MI) said, "... We continue to see the tragedy of September 11th used as an excuse
for even more assaults on the rights of immigrants."
U.S. Employee, Family Unity and Legalization Act (USEFUL) Introduced
Rep. Gutierrez (D - IL) introduced legislation called the USEFUL Act that will enable immigrants now in the country to become eligible for permanent residency if they have lived in the U.S. for at least 5 years, regardless of their current immigration status.
Rep. Tancredo Speaks On Illegal Immigration
During a debate to pass a bill to provide an extension of unemployment benefits to
millions of Americans who find themselves out of work, Rep. Tancredo (D - CO) said, "But why do we not look at the fact that if we secure our own
borders, if we ask people who are here illegally to return to their
country of origin, that we would immediately provide millions of jobs
for American citizens? Only we would not have to spend another dollar;
we would not have to appropriate any more money."
Recognition of the Dominican American National Roundtable By Congress
Rep. Diaz-Balart (R - FL) recognized the Dominican American National Roundtable as it celebrated five years of serving the interests of the Dominican community living in the US.
INS Issues Special Registration Reminder
The INS reminds certain temporary foreign visitors of thirteen countries of a requirement to register with INS as part of the second phase of the National Security Entry-Exit Registration System (NSEERS), being implemented by the INS to fulfill a Congressional mandate to implement a comprehensive entry-exit program by 2005.
Acquiring Permanent Residence By Fraud Creates Ineligibilty For Cancellation Of Removal
In re Koloamatangi, 23 I&N Dec.548 (BIA 2003) (Jan. 8, 2003), the Board of Immigration Appeals (BIA) said the alien who acquired permanent residence status through fraud had never been lawfully admitted for permanent residence and therefore, was ineligible for cancellation of removal under Section 240A(a) of the INA.
Au Pair Program Information From DOS
The Bureau of Educational and Cultural Affairs, U.S. Department of State issued information on the Au Pair program, including: What you need to know about the Au Pair program, weekly wages due to Au Pair program participants, and the current sponsor list.
District Court's Sentencing Decision Is Not Reviewable Where Court Understands Its Authority To Depart
In US v. Cisneros-Gallegos, No. 02-2397 (8th Cir. Jan. 8, 2003), the court said Defendant's petition arguing for downward departure based on an overrepresentation of his criminal history, pursuant to his guilty plea of illegal re-entry following deportation after conviction for an aggravated felony, was not reviewable since the district court explicitly acknowledged its authority to depart.
Rep. Grijalva Calls For Investigation Of "Vigilante Groups"
The Arizona Republic reports "In his first official action as a new member
of Congress, Rep. Raul Grijalva called on federal authorities to
investigate vigilante groups in southern Arizona, warning that the groups
have created "an atmosphere of fear" along the U.S.-Mexican border."
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Classifieds
Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients? USADWEB, LLC is the premier ad agency designed with the immigration attorney’s needs in mind. Our job is to make your job easier. Our knowledgeable staff has experience with all types of recruitment media including newspapers, journals, Internet, college recruitment and more. We will provide you with expert guidance on placing advertisements and the lowest costs available from any publication. We offer one stop service and accountability for the entire advertisement recruitment effort. Our job is done only when we have mailed your client’s tearsheet or affidavit to you. You can leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: We will help you establish a recruitment pattern that is acceptable to the Department of Labor (DOL). Simply describe your advertisement needs to us, and we will work hard to satisfy those needs. We offer a wide range of services and bring to the table expert knowledge in DOL compliant advertisement. We work with you to help assure your certifications. Have you been asked to re-advertise based on industry layoffs? With only 35 days to respond to the DOL, you need tearsheets quickly. We make these situations simple and easy for you by providing prompt, efficient service and aggressive follow-up with publications to help ensure you get what you need to complete your case in timely fashion. Regular Labor Certification (RLC) Advertisements: Labor issues are constantly changing. With layoffs prevalent in many industries, many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing SWA (SESA) advertising instructions and placing advertisements. We will proofread your advertisements and place them promptly in the next available publication as SWA instructed. Give us a chance to handle your clients’ recruitment needs. We will impress you! Please visit our website at: http://www.USadWEB.com. For more information, please contact us via email at: howard@usadweb.com or call us at 1-866 USADWEB (1-866 872-3932).
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:
In her letter to the Editor, Kendra Bunn writes that ILW.COM would do a service
to its readers by eliminating the "extreme liberal ideas" in its editorial
comments. I must have missed something.
The comment that Ms. Bunn finds so distasteful amounts to nothing more than
a criticism of one of the stated purposes of special registration. How such
criticism can be branded as being "extreme liberal" is more than a bit
perplexing. The special registration program and the manner in which it
has been implemented can be equally despised by conservatives, liberals,
and civil libertarians alike. I'll make it plain for Ms. Bunn: you don't
have to be a flaming liberal to look at what happened in Los Angeles with
disgust.
Of course, I'll certainly keep Ms. Bunn's comments in mind if any of my
clients with pending adjustment applications wind up handcuffed and
detained. I'll simply tell them (or, more likely, their relatives) that
there are "obvious reasons" for special registration and that I better not
hear them "ridiculing" our government's attempts to improve security. I'll
tell them to cool their heels because, as everyone knows, "no process is
ever perfect from its inception." I'm sure they'll understand.
Joseph Kranyak
Bruce A. Hake, P.C., Damascus, Maryland
Dear Editor:
The January 9th comments by L.L. and Kendra L. Bunn urging a more
balanced editorial posture are appropriate and even overdue. Your
recent reference to the "Fortress America" people and continual myopic
urgings of limitless numbers of immigrants seemingly oblivious to the
many social and dollar costs and valid security concerns are typical
examples.
Those alarmed about the security and safety of America as relates to lax
immigration and border policies cannot be so summarily dismissed as is
done by your erudite manner and may well display superior motives than
bottom-line benefit.
The logic relating to the futility and unfairness of continual
amnesties or a program disguised as an amnesty, is beyond reproach. Any
guest worker program must be strictly controlled and regulated and that
guest must at some point leave and return, otherwise a fraud is imposed.
A "guest" who visited your home and never left is not really a guest,
but a resident.
And no program relating to immigration can be successful until our
air, sea and land borders are fully secured and visitors tightly
monitored as some will find a way to exploit any border or program not
so controlled. And contrary to your oft-heard comment, such
restrictions need not be overly burdensome to citizens, but can be
primarily applicable to non-citizens.
Your "facts and figures" that seem to indicate that we have a need
for more foreign workers may have some validity only because Americans
are over-taxed which tends to restrict family size. The proper solution
to this is to reduce government spending to proper, limited purposes and
to allow families to keep more of their incomes and jobs that pay a
livable wage, not to invite huge numbers of the world's workers who are
accustomed to a lower standard of living to displace workers here
because they may work for less. The long term effects of this are
disastrous, at least to most Americans.
R. L. Ranger
Dear Editor:
Our case for removal of conditions has been pending in the
Texas center for over a year after the date of interview
without any result being announced. Is it normal? Do
you have any contact # besides the ones on the website
of INS that doesn't work?
Tamirisa
Editor's Note: Try posting your question on our discussion board for possible responses. To post a question, click here.
Dear Editor:
The following statement was released by Jeanne Butterfield
Executive Director, American Immigration Lawyers Association.
Immigration Special Registration Must Be Repealed,
Say Immigration Lawyers on Eve of Second Round of Deadlines. Substantial Problems Jeopardize, Rather Than Protect, National Security
The special registration program that the U.S. Government has put into
place
is a misguided attempt to increase our nation's security. The American
people deserve better than this false solution to a very real problem. Our
nation will not be made more secure by requiring innocent immigrants to
report to INS offices to register, only to find themselves subject to
arbitrary arrest, detention, abuse and possible deportation.
We urge the Department of Justice/Immigration and Naturalization Service to
spend their limited resources in more effective and sensible ways.
Programs
to enhance our nation's security should target terrorists, not innocent
people.
The special registration program is fundamentally flawed. The program
substitutes national origin/racial/religious profiling for effective law
enforcement profiling based on intelligence information.
The program is also deeply flawed in its implementation. The INS has used
special registration to detain people who are on the path to permanent
residency. Hundreds of arrests have resulted. The Department of Justice
(DOJ) has not given the INS the necessary staff, resources and guidance to
implement the program. As a result, dozens of people attempting to comply
with the law have been turned away and told to come back at a future time.
Finally, even though the INS has not effectively educated the public about
the program, those who reported "late" after hearing about the program
through news reports, friends and lawyers have been detained and told that
they are being punished for reporting after the deadline.
We call on President Bush to end this misguided program. At the very
least,
existing deadlines must be extended so that implementation problems can be
addressed and corrected. Necessary corrections include:
*Special registration (or other future programs) should not detain or
deport people who have a claim to legal status. It makes no sense from
security or economic perspectives to target people who eventually will be
granted lawful status. These people have applications pending for lawful
permanent status, have been issued employment authorization documents, or
are otherwise are eligible for lawful status. They are technically and
temporary "out of status" due to INS delays and inefficiencies.
*The DOJ/INS must adequately publicize program requirements, initiate
effective outreach programs, and not penalize those who did not register
because they did not know about the program. The DOJ/INS needs to do a
better job of effectively disseminating information and take responsibility
for inadequately publicizing this program and its requirements. The
DOJ/INS needs to grant waivers for those who did not register for the
program because they had no knowledge of it or because of the fear created
by the mass arrests of registrants in some offices.
*The DOJ/INS must implement uniform procedures in their district offices
that make sense. Because the DOJ/INS has provided insufficient guidance to
district offices, these offices have used their discretion to adopt widely
disparate procedures to implement special registration. Such disparities
should end, replaced by uniform procedures that make sense.
*The DOJ/INS needs to clarify registration requirements. The
registration
requirements are unclear. The result has been that some people are being
turned away from registration centers while others are unsure if they are
required to register. The lack of meaningful outreach to the affected
communities makes this problem even worse.
* The DOJ/INS must take steps to guard against another potential trap for
innocent visitors. A little-publicized rule in special registration
requires those who have been registered to report to Departure Control each
time they leave the U.S. Few registrants are given clear information about
this rule, but if they fail to follow it correctly, they will be forever
barred from returning to the U.S.
Dane Vandenberg
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.
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