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Immigration Daily May 22, 2003
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Editor's Comments

Immigration On The Hill

There are a number of issues simmering in the immigration pot on the Hill. We expect that some may boil over later this fall. And all of these issues will likely figure in the Presidential election year of 2004. The smoldering immigration issues go beyond the H-1B cap, even with the new L wrinkles that have cropped up in connection with the H. Both BCIS and BICE are likely to present Congress with big bills for addressing delays in services and deportation respectively. With the budget mired in huge deficits, this will likely be most unwelcome, but pressing nonetheless. EOIR's recent curt review procedure, together with the Supreme Court's Ventura decision, will end up angering Circuits eventually, as they play ping-pong with IJs. Ultimately, if one circuit strikes down the curt review procedure, the entire unpleasant matter will end up in Congress's lap. Of fundamental political importance, despite ample rhetoric, the issue of how immigration fits into our new national security scheme has not really been answered. Another terrorist attack, which the intelligence agencies never cease to remind us is around the corner, will bring this matter back into focus. Sweeping the matter under the carpet only postpones and aggravates the critical policy choices that must be made. Most important of all perhaps, is the turnaround of our economy. When that happy day arrives, it will bring with it tremendous pressure on Congress to visit the 3/10 year bars and Legalization - wise counsel then might well turn toward 245(i) as a solution - particularly if the White House backs such a move. Immigration's role in the upcoming Presidential election year will likely reflect the fact the immigration is a crucial part of our national and economic fabric.


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Featured Article

BCIS Telephone Customer Service
Gregory Siskind writes "I wanted to alert you all to a potentially serious development at the BCIS that could cause a drastic deterioration in the level of customer service at the agency."

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Immigration Law News

Text Of Bill Prohibiting L-1 Visa Outsourcing
Rep. Mica (R-FL) introduced H.R. 2154 which seeks to amend the INA to prevent an employer from placing a nonimmigrant who is an intracompany transferee with another employer.

Sentence Imposed Not Sentence Served Defines Aggravated Felony
In US v. Sanches-Rivas, No. 02-4595 (4th Cir. May 20, 2003), the court said that a suspended sentence qualified as an aggravated felony as defined at 8 USC 1101(a)(43).

No Reversible Error Found
In Mesays v. Ashcroft, No. 03-1213 (4th Cir. May 20, 2003), the court said that it found no reversible error.

Student Alleges His School's Wrong Visa Advice Is Why He Faces Deportation
The Baltimore Sun reports "The student body president at the Johns Hopkins School of Advanced International Studies - a Pakistani engineer who has been in the US for 11 years - is facing possible deportation next month because of an immigration mix-up that he blames on advice he got from university officials."

Pakistani Doctor Is Denied Re-entry For Failure To Comply With Special Registration
The Herald Tribune of Southwest Florida reports "The [Council on American-Islamic Relations] issued an advisory Tuesday to Muslim visa-holders in the US, warning them that if they forget to register before they leave the country, they will not be allowed to return."

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Books - 2003 Edition 8 CFR Plus And INA
We are pleased to announce that the latest edition of the Immigration & Nationality Act (INA) is now available. This reference tool is invaluable while writing to the INS about a RFE or preparing a petition. Attorneys have been using the exhaustive topic indices in the 8 CFR Plus and The Whole ACT - INA (Annotated) to do just that for years. Whether you are a seasoned practitioner or a less experienced attorney entering the immigration law field, these books are a must-have. Not satisfied with your purchase? We offer a money-back, no questions asked guarantee. For information on our various publications, please see this link.

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Letters to the Editor

Dear Editor:
I recognize that Dr. Baer is a kind-hearted soul who believes that every Mexican has the right to live and work in the US at their desire, but his recent comment required my response. If we have seen a 400% rise in deaths due to the increased difficulty in entering the US illegally, then maybe we should make it even harder, since people are still coming. If every individual who attempts to enter the US illegally were to die or be captured and returned, it should have the necessary deterrent effect. I haven't noticed banks reducing armed guards to make it easier to rob them. Neither have we seen jewelry stores place their wares on the street so that criminals won't have to break the glass and injure themselves while stealing. If we could close off the routes through the deserts and mountains into the US, then maybe these deaths wouldn't occur, but until then, Dr. Baer should spend his time putting up signs on the border reading "You are Breaking the Law, Enter at Pain of Death".

Name not provided

Dear Editor:
I read a letter (available on AILA's infonet) sent to Secretary Colin Powell, sent by over 100 different organizations expressing their concern that delays in visa processing are negatively impacting business activities and the US economy. This letter should be sent to as many members of Congress as possible. The Premium Processing system is further delaying adjudications. It is now taking 180 days at the TSC. for I-129 approvals. and there is no improvement in sight.


Dear Editor:
NY Mayor Bloomberg's statements about bestowing US citizenship on all illegal aliens is a clear example why politicians should be kept a safe distance from formulating immigration policy.

Bill Glenn

Dear Editor:
I just read that NYC Mayor Michael Bloomberg recently suggested that all illegal aliens should be granted US citizenship. Why stop there Mr. Mayor? I propose granting US citizenship to every foreigner who just wishes to visit the US.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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