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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Editor
Marc Ellis, Esq., Chat Transcripts Editor
Gary Endelman, Esq., Columnist
Joel Stewart, Esq., Columnist
July 12, 2000
Editor's Comments of the Day
Cases of the Day
Congressional News of the Day
INS News of the Day
ILW.COM Featured Article of the Day
Immigration News of the Day
ILW.COM Highlights of the Day
ILW.COM Chats and Discussions of the Day
Letters to the Editor
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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.

Editor's Comments of the Day

Recent scholarship supports the notion that the Statue of Liberty, often considered the quintessential symbol of America's welcome to immigrants and indeed the basis for the ILW.COM logo, was conceived not as a monument to America's welcoming of newcomers, but rather as a monument to the concept of liberty which led to the Civil War and the end of slavery. By the time of the statue's completion in 1886 America's commitment to reconstruction and racial equality had waned. Americans were more comfortable thinking of the statue as a monument to a vague idea of liberty. With the opening in 1898 of nearby Ellis Island as the point of arrival for immigrants, the Lady with the Torch greeted some 16 million immigrants and became for them a symbol of welcome to their new land. The 1903 addition of Emma Lazarus' The New Colossus with the words, "give me your tired, your poor, your huddled masses yearning to breath free," completed the transformation into a symbol of liberty for immigrants. The revelation of the statue's origins do not make it any less powerful a symbol of welcome to immigrants, but calls us to renew our commitment to an America that is a land of liberty and justice for all.

Cases of the Day

District Court Does Not Have Habeas Jurisdiction Absent Gross Miscarriage of Justice
In Lara v. Trominski, No. 98-41434 (5th Cir., July 10, 2000), the Circuit Court found that the District Court did not have jurisdiction to hear a habeas petition based on a collateral attack on a previous deportation order absent a showing of a gross miscarriage of justice. The Court also found that the Board of Immigration Appeals did not abuse its discretion in denying reconsideration of a motion to reopen based on ineffective assistance of counsel.

Congressional News of the Day

The Departments Of Labor, Health And Human Services, and Education, and Related Agencies Appropriations, 2001
On June 30 the Senate amended and passed the massive appropriations bill which contains funding for several immigration related programs including State Unemployment Insurance and Employment Service Operations and Refugee and Entrant Assistance.

Senate Debate on H-1B
Remarks on the floor of the Senate regarding whether or not to debate the H-1B bill and the number of amendments to be allowed.

A Nation of Immigrants
Senator Kennedy introduces into the record the award winning essays submitted by fifth-grade students around the country for the national writing contest on immigration sponsored by the American Immigration Law Foundation and the American Immigration Lawyers Association.

Additional Cosponsor for S.1485, Adopted Orphans Citizenship Act
Senator Kerry of Massachusetts was added as a cosponsor of S.1485, a bill to amend the Immigration and Nationality Act to confer United States citizenship automatically and retroactively on certain foreign-born children adopted by citizens of the United States.

INS News of the Day

ILW.COM invites the submissions of correspondence about matters of immigration law from government agencies. Submissions may be published. Please send to

Border Patrol Enhancing Border Safety in Tucson
The INS announces the launch of Operation Sky Watch, the deployment of seven additional airplanes to patrol the border to identify migrants in distress and deter illegal crossing, as part of the agency's intensified border safety measures in the Tucson Sector.

Fiscal Year 2000 Historic Preservation Funds Grant
FY 2000 Historic Preservation Fund Grants include money for the restoration and conservation of Angel Island Immigration Station in California and Laundry and Hospital Outbuilding on Ellis Island.

ILW.COM Featured Article of the Day

ILW.COM invites the submission of articles about immigration law from attorneys, paralegals, foreign student advisors, human resources personnel, scholars and those whose lives have been effected by the laws.Please send articles to

INS Approves Signing Bonuses for F And J Nonimmigrants in the H-1B Classification Affected by the H-1B Cap This Fiscal Year
Conrad E. Pollack, Esq. of Pollack, Pollack, Isaac & De Cicco, write on the recent policy clarification by INS Commissioner Doris Meissner and Acting Branch Chief of the Business and Trade Services Branch of the INS, Efren Hernandez, that F and J beneficiaries of H-1B petitions can receive a signing bonus from a prospective employer prior the approval of the H-1B petition provided such bonus does not constitute reimbursement for services rendered and is not made in expectation of future services.

Immigration News of the Day

Immigrants: U.S. Taxes Add Up to Exploitation
According to the Newark Star-Ledger, immigrants are beginning to look at taxation as a form of exploitation because they are paying large chunks of their meager salaries in taxes even though they are unlikely to ever collect any benefits due to their undocumented or temporary status.

Government Can't Keep Pace With Demand for Visas
The Pittsburgh Tribune-Review discusses the current H1-B situation and looks at the top ten employers of foreigners using H1-B visas.

The Immigration Lie reports that America's debate over the H1-B visa overlooks the impact that the immigration policy would have on Black America. According to John William Templeton, co-convener of the Coalition for Fair Employment in Silicon Valley, the influx of foreign workers under the H-1B program has allowed technology companies to avoid hiring Black, Hispanic and Native American workers.

ILW.COM Highlights of the Day

Free Membership
Immigration Attorneys can signup for a free membership to increase the visibility of their firm by using our newly re-launched enhanced database.

ILW.COM Chats and Discussions of the Day

Help Needed for NIW
A poster on the discussion board asks for help with her husband's National Interest Waiver petition. He was a graduate student at the time the petition was approved. Their I-485s are still pending. Now he has taken a job in another area using the EAD. Do you know of a similar situation? Was the green card granted or denied?

Letters to the Editor

I Am Asking For Your Help In Getting Reunited With My Wife
"I am a U.S. Citizen desperately asking for your help in getting reunited with my wife." (Read the whole letter here)

David Steinberg
Forest Hills, NY

We encourage correspondence on any immigration related matters and comments on the ILW.COM site. Send letters to Letters may be edited for clarity, legal and space considerations, and may be published and otherwise used in any medium.

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