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Immigration Daily

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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
Nina Manchanda, Esq., Assistant Legal Editor
Marc Ellis, Esq., Chat Transcripts Editor
September 6, 2000
Editor's Comments of the Day
Federal Register News of the Day
Cases 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
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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. Correspondence to Letters may be edited and may be published and otherwise used in any medium.

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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