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Editor's Comments of the Day
In a detailed report replete with charts and tables titled
"Opportunities
Exist to Improve the Expedited Removal Process," the
GAO examines the INS' management controls over the removal
and credible fear determination processes and analyzes
aliens' failure to appear for hearings after being released
from detention. The expedited removal process, created
by IIRIRA, gives the INS the authority formally to order
removed aliens who engage in fraud or misrepresentation
or who arrive with fraudulent or no documents. Aliens
who express a credible fear of persecution or torture
are referred to a hearing before an immigration judge.
These aliens may be detained or released to await their
hearing.
The report finds that the INS generally follows its
own procedures for documenting the expedited removal
process at the ports of entry that were examined. According
to the report the INS also follows its procedures for
documenting the credible fear process and had clarified
requirements for documentation needed for aliens who
want to recant their claims of fear of persecution or
torture. Many of the aliens released pending their hearings,
42% of the cases examined, did not appear for their
hearings. The detention conditions for those who were
not released varied.
The report recommends that the Attorney General direct
the INS to analyze the characteristics of those aliens
who appear for their hearing and those who do not and
use the results for reevaluating its policy for deciding
when to release and aliens.
The authors could not have chosen a less informative
title for their work. The report contains some real
numbers useful in assessing expedited removal. The process
is one rife with opportunities for abuse and mistake
resulting in the banishment of US citizens as recent
cases have shown. A GAO report on those cases may be
warranted.
Federal
Register News of the Day
Function
Relating to Designation of Exchange Programs Delegated
Under Secretary of State for Public Diplomacy and Public
Affairs delegates to the Assistant Secretary for Educational
and Cultural Affairs function relating to the designation
of exchange visitor programs.
Cases
of the Day
Service
Effective on Date of Stipulation Agreement
[you will need acrobat
to read this file]
In Tang
v. INS, No. 97-2854, (8th Cir. Sept. 5, 2000),
the court affirmed the Board of Immigration Appeals'
(BIA) decision that the "stop-time" rule applied retroactively
to the Petitioner, but found that the BIA erred in determining
the date of the Order to Show Cause. The court found
the where proper service had been contested the effective
date was the one on which the INS and petitioner entered
a stipulation acknowledging service even though it was
silent as to the date.
INS
News of the Day
Illegal
Aliens: Opportunities Exist to Improve the Expedited
Removal Process
[you will need acrobat
to read this file]
The US General Accounting Office (GAO) addresses issues
related to aliens who are subjected to the expedited
removal process and their detention. The GAO recommends
that the INS analyze the characteristics of aliens who
appear and who do not appear for their removal hearing
and use the results to reevaluate INS policy for deciding
when to release aliens who have a credible fear of persecution
or torture. (Long download time).
ILW
Featured Article of the Day
Canadian
Non-Immigrant Employment Regulations
Toronto, Canada based attorney Catherine Kerr gives
an overview of non-immigrant employment regulations
for working in Canada.
Immigration
News of the Day
Deportee
Drops Appeal
According to the Ohio Beacon Journal, a Brazilian adoptee
who has grown up in the US and knows nothing of his native
country is giving up his appeal by agreeing to deportation/removal
to Brazil rather than spending an indefinite amount of
time in detention. Brazilian officials have promised to
send him to school to learn the language and reserve a
spot for him in a homeless shelter.
Immigrant
Labor Rate Soars
CNN reports that the number of immigrant workers in
the US has climbed to its highest level in seven decades
and many employers are pressing Congress for legislation
that would allow hundreds of thousands more immigrant
workers to enter the US each year. Economists and demographers
predict a continuing surge in immigrant workers unless
there is an economic downturn.
ILW
Highlights of the Day
Fillable Forms
The ILW.COM site now contains forms from the Executive
Office for Immigration Review, which oversees the immigration
courts and the Board of Immigration Appeals, that can
be completed and printed on line.
ILW.COM Chats and Discussions of the
Day
Special Event Chats
Scheduled special event chats include ILW.COM's
first chat in Spanish with Barry
Leiber, Esq. on Wednesday, September 13, 2000, at
9:00 p.m. Eastern (New York) time. Coming up are another
chat with INS Acting Director of the Business Liaison
Office Linda
Dodd-Major on October 18 and a chat with Catherine
Kerr, a Canadian immigration lawyer, on November
1. Continue to check the chat page for these special
and other special events in addition to our regular
chat sessions.
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