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Immigration Daily October 8, 2003
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Help Your Friends At DHS

As an item in Government Executive below reports, INS is undergoing considerable reorganization due to the move of the agency from the DOJ to the DHS. As part of this reorganization, many people at the agency now have email addresses instead of the old email addresses. Some governmment officials are no longer receiving their Immigration Daily subscriptions because they have not resubscribed using their email addresses. So for those of you who wish to lend a helping hand to your friends in the government, let them know that it's easy for them to resubscribe. They'll be glad you did.


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Featured Article

Largest Foreign-Born Groups In The Armed Forces Are Also Largest In US
Elizabeth Grieco at the Migration Policy Institute writes "The foreign born from countries such as the Philippines, Mexico, Viet Nam, Korea, El Salvador, and Germany are among the ten largest immigrant groups in the US as well as in the armed forces."

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Immigration Law News

BCIS Guidance Memo On Eligibility of Children Born out of Wedlock for Derivative Citizenship
William Yates, Associate Director for Operations of the BCIS issued a memorandum to BCIS service center directors, regional directors, district directors, and officers-in-charge on the eligibility of children born out of wedlock for derivative citizenship.

BALCA Says Employer's Past Practice Of Not Paying Wages Raises Serious Doubt Whether Job Is Open To US Workers
In the Matter of Momart Cleaners, No. 2003-INA-170 (BALCA, Sep. 5, 2003), the Board of Alien Labor Certification Appeals said that "Although Employer's rebuttal retreats from the experience shown for the Alien on the ETA 750B, it does not answer the question of why the Certifying Officer should find that the job was clearly open to US workers when Employer's past practice was to not pay wages."

BALCA Says Brokerage Account Statements Are Not A Substitute For Tax Returns
In the Matter of Grillo, No. 2002-INA-155 (BALCA, Sep. 5, 2003), the Board of Alien Labor Certification Appeals said that Employer by providing his brokerage account statements instead of the requested tax returns did not establish his ability to pay the wage being offered to the Alien.

White House Responds To H1B Visa Question
During a White House press briefing, White House Spokesman responded to the question posed, "So where does the President stand on the visas?"

9th Circuit Says Extreme Cruelty In US Can Be In Contrite Phase In VAWA Petition
In Hernandez v. Ashcroft, No. 02-70988 (9th Cir. Oct. 7, 2003), the court, in a matter of first impression on the phrase "extreme cruelty" found that although Petitioner was not battered in the US, the interaction that took place in the US (contrite phase) presented a well-recognized stage within the cycle of violence, one which was both psychologically and practically crucial to maintaining the batterer's control. The court rejected that the INS was at liberty to add the third requirement for a VAWA self petitioner and further said that because the decision made by the BIA was contrary to law, it was not discretionary and jurisdiction existed to review the determination.

Petitioners Not Eligible For Asylum Based On Daughter's Being Subject To FGM
In Oisgwe v. Ashcroft, No. 02-60725 (5th Cir. Oct. 6, 2003), the court said that Petitioners were not eligible for asylum based solely on their daughter's risk of being subject to female genital mutilation if she was returned to Nigeria but the parents may be eligible for a "humanitarian grant of asylum".

INS Reorganized At DHS
Government Executive reports "For employees of the old, much-maligned INS, the present is much like the past, ... INS' broken and dispirited culture, it seems, has made the move along with its former employees."

Special Visa Offices To Be Set Up In Islamic Nations
The Arizona Daily Star reports "The Department of Homeland Security has decided to open special law-enforcement offices throughout the Muslim world, with agents assigned to carry out investigations of visa applicants who are suspected of ties to al-Qaida and other terrorist groups."

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Letters to the Editor

Dear Editor:
I will be very grateful if you could help me to retrieve the following memo on, "The Meaning of 8 CFR 274a. 12(a) as it relates to Refugee And Asylee Authorization for Employment" published by ILW.COM which was dated March, 10 2003. The coordinates are as follows: Memorandum For All Regional Directors, From: William Yates, Acting Associate Director, BCIS. This Memo was dated March 10 2003.

Aloysius Che

Editor's Note: Try using our search engine to retrieve your document. Select key terms that are specific and as unique as possible to your particular document. For instance, in your example, by entering the boolean search term Yates AND 8 CFR 274a. 12(a) and selecting sort by date, the search engine retrieves (2) results: the first one which is your document.

Dear Editor:
I'm glad you will be running the Presidential Papers Historical Series. There's a tendency by the anti-immigrant folks at there to assume that somehow things are different now and their nativism is somehow different than what existed in the past. This first piece is interesting. Almost all the visa slots went to Germany, England and Ireland. The 1924 Act was largely intended to end Jewish and Italian immigration and the quotas from Eastern and Southern Europe were cut down to ensure this. I doubt Hoover and friends knew that the law would be the tool that kept Jews fleeing Hitler from entering the country. One of the most shameful periods in Congress' history was the rejection of a law in the 1930s that would have allowed a few thousand Jewish children to come to the US to escape the gas chambers. The anti-immigrant sentiment in Congress that led to passage of the 1924 Act was still so strong that even this modest measure was rejected. Doubt the Tancredos and Lamar Smiths of the world would vote differently today.

Greg Siskind

Dear Editor:
I used this link to the fillable N400 form: It appears that the information that I entered in this link has been saved on your website. Please refresh this information and erase all of my personal data that has been saved on your server. Please contact me ASAP and let me know that my personal information has been removed from your website.

Name Not Provided

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Editorial Advisory Board
Marc Ellis, Gary Endelman

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