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Immigration Daily July 22, 2003
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Editor's Comments

Practice Pointer Re BICE

In a steady stream of arrests in June and July, BICE has rounded up undocumented aliens in locations ranging from Sears Towers in Illinois, the Air Force Academy in Colorado and Saratoga Race Course in New York. What unites these seemingly disparate locations is that they are all "security-related" in the new post-9/11 mindset at the federal bureaucracy. One of your clients could be next in line for heavy-handed BICE enforcement if one of these clients is located near a military installation (a pizza-shop near a base entrance, for example), near a prominent landmark (a hair-dressing salon near Boston's Fanueil Hall, for example), near a place where large numbers of people congregate (an electrical contractor at a sports arena, for example), or even near a transportation hub (a cleaning supplies store near a tunnel entrance, for example). As the Sears Tower affair showed, I-9s are the latest new frontier for BICE: the Bureau asked for I-9 forms for about 30,000 workers in the Sears Tower area. Bear in mind that BICE now has 14,000 enforcers, up from a few hundred I-9 enforcers before the move to DHS. Even if just 20% of BICE's resources are targeted at immigration offenses, that would mean an increase of almost 5 to 10 TIMES over the pre-DHS days. The theory behind this massive round-up-in-making appears to be that securing critical installations is important to national security, and that removing the undocumented from strategic locations throughout America will somehow make us a safer country. In report after report, however, BICE appears to be finding mostly Mexicans, we have yet to hear of one report where an undocumented alien from Saudi Arabia was found as a result of this so-called security-related initiative. Rather than a thinly disguised crackdown on the undocumented, the proper course of action at BICE ought to be to concentrate their vast resources on genuinely anti-terrorist activities - a task more suited to a counter-intelligence approach than the police-style method used in BICE's sweeps. And the proper course of action for Congress is to change the law that has made law-breakers out of millions of people who are doing nothing more sinister than trying to feed their families.


Curriculum For ""I Like To Be An American!": Current Issues In U.S. Naturalization And Nationality Law"

In the Post-9/11 era, whether for reasons of patriotism, assimilation, political activism, avoidance of hassles at the ports of entry, a desire to sit on a high-profile Hollywood jury, or the wish to eliminate any future exposure to grounds for detention or removal, many clients today are seeking to gain the benefits of U.S. citizenship. Others are concerned about the implications of dual nationality as a snare for NSEERS enforcement, or about activities that will cause a loss of citizenship. Still others want to shed U.S. nationality and return to the home country or claim status as a U.S. national as a defense to deportation. This new teleconference series will feature a panel of nationally renowned experts who will comprehensively address naturalization, citizenship and nationality law issues in detail.

FIRST Phone Session on July 30 and SECOND Phone Session on August 14:


  • Proving the Basic Requirements:
  • Does Your Client Satisfy the Physical Presence Requirements?
    • Can You Distinguish Preservation of Residence for Purposes of:
      • Retention of Lawful Permanent Resident Status?
      • Eligibility for Naturalization?
      • Income and Estate Taxation?
    • Does Your Client Qualify for Preservation of Residence for Naturalization Purposes (Form I-470)?
    • Do You Know How to Deal with the Special Problems of Permanent Resident Commuters?
  • Is Your Client's Moral Character Good Enough?
    • Addressing Issues of Criminal History;
    • Resolving a Failure to Register for Selective Service;
    • Dealing with a Client's Failure to Acknowledge All Material Facts on the N-4000 or a Misrepresentation Before or During the Naturalization Interview.
  • Issues, Tips and Tactics:
    • Overcoming Obstacles to Naturalization:
      • Literacy;
      • Civics and History Exam;
      • Physical or mental infirmity;
      • Language and Health Waivers for Naturalization
      • Claiming exemption from military service on the basis of alienage;
  • When Naturalization Is A Very Bad Idea:
    • Did Client Obtain LPR Status under Questionable Circumstances?
    • Has Client Been Misbehavin' while an LPR?
  • Hurry up and wait: Tips, Strategies and Best Practices.
    • Standard Versus Expedited Processing;
    • Resolving delays in Adjudication of Naturalization Applications;
    • Informal Administrative Action;
    • Tell it to the Judge: Mandamus and INA 336(b) Actions;
  • Dealing with a Denial of Naturalization: Evaluating the options.
    • Administrative Appeal;
    • De Novo Judicial Review under INA 310(c).

SECOND Phone Session on August 14 and THIRD Phone Session on September 10:

Nationality and Citizenship Issues

  • How Do I Establish Derivative Citizenship Claims?
  • When Is Citizenship Acquired by Birth Abroad ?
  • Is My Client Covered under the Child Citizenship Act of 2000?
  • What Tax Issues Arise in the Acquisition or Renunciation of Citizenship?
  • Is My Client an "Accidental" Citizen?
  • Is BCBP enforcing the Ground of Exclusion for Expatriation to Avoid U.S. Taxation?
  • How Do I Develop Evidence to Support a Claim to Citizenship?
  • Should I Apply for a Passport or for Certificate of Citizenship?

Nationality Issues

  • What is the U.S. and International Law of Nationality?;
  • How Do Recent Cases Define the Term U.S. "National"?
  • Are there Exceptions to the Dual Nationality Rules for NSEERS Purposes?
  • When Does a Person Lose U.S. Nationality?
    • Voluntary Renunciation
    • Committing an Expatriating Act
  • How Do I Defend a Claimed Loss of Nationality or Denaturalization Proceeding?

The deadline to register is July 28th. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

From Deference To Acquiescence
Elizabeth Reichard writes "This case is important to note as it demonstrates the federal judiciary's indifference to the recent internal DOJ report documenting the department's own misconduct in the post 9/11 investigations and its acquiescence to the Bush administration where matters of "national security" are concerned."

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Immigration Law News

DHHS Seeks Comments
The Administration of Children and Families of the Department of Health and Human Services sought comments on its proposed notice of allocations to states of FY '03 funds for refugee social services.

BCIS Extends Somalia TPS
The Bureau of Citizenship and Immigration Services (BCIS) extended the designation of Somalia under the temporary protected status protection for 12 months until September 17, 2004.

Excerpts From OIG's Report To Congress
This is the immigration section (8 pps.) excerpted from the semi-annual report to Congress by the Office of Inspector General of the Department of Justice for the period from October 1, 2002–March 31, 2003.

IG Says IGAs Have Overbilled DHS Millions Of Dollars For Alien Detention Services
The Inspector General of the Department of Justice testified before the House Committee on the Budget on reducing waste, fraud, and abuse in government programs, and said, "Our audits of these [intergovernmental agreements] have disclosed significant over-billing of the Department for [alien] detention services."

OIG Report To Congress On Investigation Of Complaints Stemming From Patriot Act
The Office of the Inspector General of the Department of Justice issued a report (24 pps.) to Congress documenting the status of the investigations of the complaints received related to alleged abuse of the USA Patriot Act, including alleged immigration-related abuses.

BCIS Announces Somali TPS Extended
The Bureau of Citizenship and Immigration Services (BCIS) announced a 12-month extension of Temporary Protected Status (TPS) for nationals of Somalia until September 17, 2004.

BICE Deports Member Of Suspected Terrorist Organization
The Bureau of Immigration and Customs Enforcement (BICE) today announced that it has deported a suspected member of the Irish National Liberation Army (INLA), a terrorist organization in Northern Ireland.

BALCA Says Employer Must Perfect Record At The Time Of NOF Rebuttal
In the Matter of Healthcare Professional Resources, No. 2002-INA-119 (BALCA, Jul. 14, 2003), the Board of Alien Labor Certification Appeals said that "The Employer never specifically indicated why two years of experience was essential for performing the job. The Employer's tacit argument is that the life and death situations found in acute care facilities, are somehow automatically transferred to finding jobs and placing the acute health care providers. This leap in logic was not justified by the Employer and we are unconvinced of its validity."

IJ Has No Duty To Develop Alien's Case
In Rodriguez v. INS, No. 02-60677 (5th Cir. Jul. 21, 2003), the court noted that the Immigration Judge has no duty to develop the facts necessary to prove the alien's case where the Petitioners had argued that since they were proceeding pro se, the IJ's failure to help them in the factual develop of their claims denied them a full and fair opportunity.

Guest Worker Proposal Generates Buzz
The Herald-Sun of Durham, North Carolina reports "The [guest worker] proposal, which would also increase border security, has raised questions over citizenship provisions and workers' rights. Some observers feel that temporary guest workers do not answer America's labor problems in the long run. Others support the bill as a first step in better regulating imported labor."

US Immigration To Canada Grows
The Orlando Sentinel of Florida reports "For all they share economically and culturally, Canada and the US are increasingly at odds over basic social policies, to the point that at least a few discontented Americans are planning to move north and try their neighbors' way of life."

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Letters to the Editor

Dear Editor:
I would like for Mr. Murray to know that I was fully aware that he was writing "with tongue in cheek". In fact, it recalled for me an old Confucius saying: "He who talks with tongue in cheek may bite own tongue."

Richard E. Baer

Dear Editor:
I find ILW.COM to be a wealth of useful information.

David Cross
Herndon, Va

Dear Editor:
We are a nation of immigrants. Yep, so what. Let us put a willing employer together with a willing employee. Agreed, just make sure an American is first in line.


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Editorial Advisory Board
Marc Ellis, Gary Endelman

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