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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 28, 2000
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News 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. Correspondence to Letters may be edited and may be published and otherwise used in any medium.

Editor's Comments of the Day

The debate on the H-1B issue continues with most Senators taking the opportunity to add remarks about provisions to extend the provisions of NACARA, advance the registry date and restore 245(i). The remarks which do address the H-1B issue are mostly about the need to train and educate more US workers. Despite the recent GAO report titled "H-1B Foreign Workers: Better Controls Needed to Help Employers and Protect Workers," which pointed out our weaknesses in the program, there has been no discussion about major changes to the H-1B education and salary requirements. The battle is about whether to vote on a bill which concerns only H-1B visas or to add amendments addressing other immigration issues. While the Senate is devoting time to the H-1B bill and other matters, 11 of 13 appropriations bills await action.

Federal Register News of the Day

Further Correction to NIW Regulations
The INS makes a further technical correction to the interim rule for national interest waivers for physicians who are willing to practice full-time in an area designated as having a shortage of health care professionals or in a facility operated by the Department of Veterans Affairs.

Cases of the Day

Gender-Based Distinction in Conferring Citizenship Unconstitutional
The court in Lake v. Reno, No. 99-4125 (Sept. 12, 2000) , found that the gender-based distinction requiring US citizen fathers but not mothers to acknowledge paternity before a child reaches the age of 21 violates the equal protection right secured by the Due Process Clause of the Fifth Amendment.

Court Vacates Habeas Grant for Lack of Jurisdiction
In Santos v. Reno, No. 99-20508 (5th Cir. Sept. 26, 2000), the circuit court vacated the district court's grant of habeas relief. The circuit court had previously rejected Petitioner's argument that burglary of a vehicle was not an aggravated felony and found it had no jurisdiction to review the Board of Immigration Appeals's decision. Since the circuit court had already considered the issue the district court had no jurisdiction to entertain Petitioner's habeas petition.

Court Denies Rehearing of Sidhu
The 9th Circuit denied a petition for rehearing of Sidhu v. INS, No. 98-71363 (9th Cir. July 20, 2000). In that case the court held that the discrepancies in Petitioner's testimony was not sufficient for the Board of Immigration Appeals to deny the Petitioner's asylum claim, and that due process principles require that he be given another opportunity to produce corroborating evidence as the standard was unsettled at the time of the hearing and the review by the BIA.

Congressional News of the Day

House Passes "Violence Against Women Act of 2000"
The House of Representatives passed H.R. 1248, "Violence Against Women Act of 2000," on September 26, 2000. This bill provides assistance and funding to prevent violence against women and helps prevent battered immigrant spouses from losing their immigration status if they divorce or separate from an abusive spouse.

Sen. Lott Determined to Get Action on H-1B Bill
Sen. Lott states his determination to get a vote on the on S. 2045, the H-1B bill, before the remarks in the Senate turn to discussion of the Violence Against Women Act.

Senate Schedule for the H-1B Visa Bill
The Senate was scheduled to resume debate on the H-1B bill on September 27, 2000. Cloture motions have been filed on the H-1B visa bill and amendments. The cloture votes are expected later this week.

Senators Discuss the H-1B Visa Legislation
Sens. Wellstone, Durbin and Mikulski discuss the worker shortage in the US and the need to address issues such as more training and education in rural and urban areas.

Sen. Kennedy Urges Republicans to Pass Both Immigration Bills
Sen. Kennedy urges the Republicans in the Senate to support the reunification of immigrant families as well as the immigration agenda set by the high tech community by passing both S. 2045, the "American Competitiveness in the Twenty-First Century Act of 2000" and S. 2912, the "Latino and Immigrant Fairness Act of 2000."

Sen. Kennedy Remarks on H-1B Bill and the "Latino and Immigrant Fairness Act of 2000"
During floor debate Sen. Kennedy speaks in favor of S. 2045, the H-1B visa legislation, and urges the passage of S. 2912, the "Latino and Immigrant Fairness Act of 2000."

Kennedy Submits Amendments to S. 2045
Sen. Kennedy submits six proposed amendments to S. 2045, the "American Competitiveness in the Twenty-First Century Act of 2000."

Senators Robb and Boxer Added to Amendment No. 4184
Sen. Robb of Vermont and Sen. Boxer of California were added as cosponsors of Amendment No. 4184 intended to be proposed to S. 2045, the H-1B bill.

Sen. Smith Comments on H-1B and H-2A Visa Legislation
Sen. Smith of Oregon speaks in favor of the H-1B legislation and urges the Senate to help workers in the agricultural sector by responding quickly to the needs of the agricultural industry.

Sen. Durbin Comments on the H-1B Legislation
During remarks on the floor regarding S. 2045, "American Competitiveness in the Twenty-First Century Act of 2000," Sen. Durbin speaks in favor of the H-1B visa legislation as well as other immigration issues.

Sen. Biden Speaks on the Serbian Democratization Act of 2000
Sen. Biden addresses the Senate about the main provisions of H.R. 1064 the "Serbian Democratization Act of 2000," and proposes alternative strategies for US relations with Serbia.

Legislative Hearing on H.R. 5285, the "Serious Human Rights Abusers Accountability Act of 2000"
The House Committee on the Judiciary, Subcommittee on Immigration Claims is scheduled to hold a hearing on H.R. 5285, the "Serious Human Rights Abusers Accountability Act of 2000" on September 28, 2000. Witnesses scheduled to testify are Mark Foley, Kevin Rooney, Michael Creppy, Bo Cooper, Genevieve Augustin, Dan Stein and Elisa C. Massimino.

H.R. 5293 Referred to Committee on the Judiciary
H.R. 5293, a bill to improve provisions relating to inadmissibility and detention of, and cancellation of removal for, aliens who have committed crimes was referred to the House Committee on the Judiciary.

Lamar Smith Accuses the White House of Stalling H-1B Action
In a Press Release Rep. Smith criticizes the Senate for failing "to remove the barricade to real progress thrown up by the White House."

Immigration News of the Day

10,000 Liberians Facing Deportation From US
According to the Chicago Tribune barring last-minute intervention by the White House or Congress, about 10,000 Liberians living in the US may have to return to Liberia when their special immigration status expires Friday, unless they have applications for sylum or refugee status pending. The INS admitted that it lacks the manpower to enforce the deadline, but an illegal stay in the United States could hurt an alien's chances of re-entry.

Community Leaders Seek Release of Haitians Who Jumped Off Boat
The Miami Herald reports that Haitian-American community leaders are requesting the immediate release of 14 Haitians who landed in Florida last week and demanding equal treatment for migrants who reach the US. According to an INS spokeswoman, the "wet foot, dry foot'' policy only applies to Cuban nationals, and the disposition of the recently arrived Haitians has not yet been decided pending the investigation by the Border Patrol.

ILW.COM Highlights of the Day

Looking For Immigration Information To Canada, United Kingdom, and Other Countries?
Contact an attorney or look for immigration information for Canada, United Kingdom and many other countries.

ILW.COM Chats and Discussions of the Day

Chat with Kevin Levine, Esq.
Attorney Kevin Levine will answer question on all aspects of immigration law on Thursday, September 28, 2000, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes prior to the start of the chat.

Letters to the Editor

Dear Editor
A change of status from B-2 to R-1 for 3 to 5 years may be most appropriate now if the minister has been a member of that same faith for the immediately preceding two years and the church can provide him support. An immigrant petition for an ordained minister in the same denomination would be available IF the B-2 visitor stay has not broken his immediately prior two years religious commitment and if he can be coming SOLELY to be the minister, i.e. no part-time 2nd job to support self or family. This is a short answer to a tricky question.

Beryl Farris

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