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Immigration Daily

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Immigration Daily October 29, 2003
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Editor's Comments

What's In A Name?

For the past several months, several bureaus of the DHS (BCIS, BICE AND BCBP) began using the following names: USCIS, ICE, and CBP in press releases that had been released by the various bureaus. A letter to the Editor today on this issue kindly points out an AILA posting on this matter (see below). Despite all of this, we were reluctant to adopt the new names since the statutory authority for the name changes was not clear. However, the recently signed Department of Homeland Security Appropriations Act, 2004 uses the new names: USCIS, ICE, and CBP. That is sufficient authority for us. Going forward, Immigration Daily will begin to refer to these DHS agencies by the new designations.


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Featured Article

Assessing The New Normal: Immigrants, Refugees and Minorities
Eleanor Acer et al of The Lawyers Committee for Human Rights document the continuing erosion of basic human rights protections under US law and policy since September 11 in an excerpted chapter on immigrants, refugees, and minorities.

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Immigration Law News

DHS Unveils US-VISIT Program
The Department of Homeland Security unveiled the capability of its US-VISIT Program which will be in place at airports and seaports on December 31, 2003, to process visitors holding visas as they enter the US.

USCIS Modifies List of Recognized American Institutions of Research
The Bureau of Citizenship and Immigration Services promulgated a final rule effective October 28, 2003, modifying the list of Recognized American Institutions Of Research.

BALCA Says Correspondence Is Not Rebuttal
In the Matters of Staffing Services, No. 2002-INA-41, 2002-INA-53 thru 55, 2003-INA-86 (BALCA, Sep. 17, 2003), the Board of Alien Labor Certification Appeals said that Employer did not follow the CO's explicit instructions to provide a signed, amended ETA 750A, draft advertisement, and letter stating willing to retest the market, but only offered to provide such if the business necessity justification was not accepted.

BALCA Says Ability To Pay Is Relevent Inquiry Area For Domestic Cook Position
In the Matter of Darlene Plant, No. 2002-INA-00116 (BALCA, Sep. 15, 2003), the Board of Alien Labor Certification Appeals said that "In Carlos Uy, the Board made it clear that the financial ability of a household to employ a domestic worker as a professional cook is a relevant area of inquiry."

Voluntary Departure Under Threat Of Commencement Of Immigration Proceedings Interrupts "Continuous Presence"
In Mireles-Valdez v. Ashcroft, No. 02-60405 (5th Cir. Oct. 27, 2003), the court said that voluntary departure from the US under the threat of the commencement of immigration proceedings interrupts the requisite continuous presence for eligibility for cancellation of removal pursuant to 8 USC 1229(b).

3rd Circuit Remands To IJ
In Fatunmbi v. Ashcroft, No. 02-2887 (3rd Cir. Oct. 28, 2003), the court remanded the matter back to the Immigration Judge for clarification on the basis or bases of his decision.

Walmart Raid Brings Need For Immigration Reform Home
A Los Angeles Times op-ed writes "To blame the workers, rather than the system they operate in, is the core hypocrisy our immigration policy has long been based upon."

DHS Claims District Director Is Not Authorized To Grant Medical Parole
The Newsday of Long Island reports that Sen. Charles Schumer (D-NY) said, "Even though the head of the immigration service in New York granted [the African refugee] medical parole, authorities in Washington are refusing to approve his release, citing a new zero-tolerance policy against overriding immigration judges' decisions."

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Books - 8 CFR, Includes 2003 BCIS Changes
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. We are currently offering an Internet-only special price of $259 for our 4 book set (MSRP $299). For information on our various publications, see here. (A Supplement is provided Free of cost updating the 8 CFR Plus as of June 1, 2003. All BCIS related changes have been included in this Supplement as well as a complete index to ALL 8 CFR Sections updated as of June 1, 2003.)

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Letters to the Editor

Dear Editor:
Please be aware that there is no such thing as BCIS any more. Service Center Operations has confirmed that "Bureau" has been dropped from what were formerly BCIS, BCBP and BICE, which now are known as USCIS, CBP and ICE. The name change was announced on AILA Infonet on 9/8/03 "DHS Divisions Drop "Bureau" From Names. Cite as "Posted on AILA InfoNet at Doc. No. 03090841 (Sep. 8, 2003)."

David Murray, Esq.
Newport Beach, CA

Editor's Note: Please see Editor's comments above.

Dear Editor:
Love your site. We are recommending it to all our job-seekers. Our nonprofit organization, Upwardly Global, is the only nonprofit in the US dedicated solely to helping immigrant professionals rebuild their careers in the US.

Jane C. Leu, Executive Director/Founder Upwardly Global
San Francisco, CA

Dear Editor:
As an immigration lawyer I totally disagree with your editorial scolding the government for raiding Walmart, by defending their need for undocumented immigrants. If you read the news articles, Walmart had hired outside agencies that were employing the aliens at wages as low as $2 per hour. Then the senior management had attempted to protect their actions with the "I didn't know they were not legal to work here"; while the BICE had them on tape with full knowledge of what they were doing. Stop defending Walmart's actions, that it showed that employers need undocumented aliens, that's the wrong message to send that it's okay to pay immigrants $2 per hour because the immigration system is messed up. Walmart management should bear the full impact of the law for their greed; that's the message. I have critized the BICE and BCIS for chasing and deporting the aliens, when they should concentrate enforcement on the US employers. Here the government did it's job, and save the 9/11 Al Queda card for another argument. The war on terrorism has nothing to do with the governments rightful enforcement of corrupt US employers taking advantage of the undocumented aliens.

Robert K. Brooks, Esq.
Boca Raton, FL

Dear Editor:
Give our BICE people a break. The Wal-Mart operation was probably just a training exercise for the newly merged agents who've never worked immigration enforcement. Those arrests hardly qualify as highlighting our nation's acute dependence on illegal aliens. They do tend to point out, however, the result of years of both public and official indifference to enforcing immigration law. Look on the bright side. If those illegal workers cannot be replaced without the assistance of immigration attorneys, then you should welcome such enforcement efforts. As you point out that's your bread and butter.

Bill Glenn

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 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.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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