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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
Ocotber 31, 2000
Editor's Comments of the Day
Federal Register News of the Day
Cases of the Day
Congressional News of the Day
INS 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 current political maneuvering between Congress and the President is an exciting drama for those watching it. The failure to complete the budget more than 30 days after the expiration of the previous fiscal year is, to our knowledge, unprecedented in a peace-time election year. One of the key issues preventing completion is immigration. President Clinton has said he will veto the current version of the appropriations bill for the Departments of Commerce, Justice and State because it does not contain provisions of the Latino and Immigrant Fairness Act which would advance the registry date, extend the provisions of NACARA and restore 245(i). Those who would be affected directly by the bill are not eligible to vote. Taking a firm pro-immigrant stance may help sway undecided voters whose families and friends would benefit from the measures to vote for the Democrats. The Republican version, the Legal Immigration Family Equity Act, would limit immigration benefits to only those who have played by the rules. The Republicans may hope to appear pro-immigrant and at the same time pro-law. With the presidential race and many Congressional races expected to be close, candidates want to be careful not to offend anyone. Clinton and Congress may agree to disagree and leave any final decision on the immigration issues until after November 7.

Federal Register News of the Day

Comment Request for Form G-146, Nonimmigrant Checkout Letter
The Detention and Deportation Division of the INS has requested comments on Form G-146, Nonimmigrant Checkout Letter. Comments will be accepted until December 29, 2000.

Cases of the Day

Detention and Physical Abuse do not Meet Threshold for Asylum
In Nelson v. INS, No. 99-2283 (1st Cir. Oct. 27, 2000), the court found that where Petitioner's case had been postponed several times and she had been advised more than once of her right to obtain counsel her due process rights were not violated, and that occasional detention and occasional instances of physical abuse did not compel a finding of a well-founded fear of persecution.

Congressional News of the Day

Sen. Hatch Proposes "Legal Immigration Family Equity Act"
Sen. Hatch criticizes the "Latino and Immigrant Fairness Act" and promotes his proposal, the "Legal Immigration Family Equity Act," which would bring fairness to US immigration policy by reuniting families, helping those who have played by the rules and provide relief to legal immigrants from all countries. Sen. Hatch comments that, "this bill does more than the President's bill, and it does it legally in the right way, giving preference to the people who have played by the rules rather than those who have not."

Sen. Hatch Urges President Not to Veto Appropriations Bill
Sen. Hatch urges the President not to veto the Commerce, Justice, State Appropriations Bill. He points out that if the President vetoes this bill he is putting the public's safety and well-being at risk both at home and abroad, and that a veto threat rings especially hollow because this appropriations bill provides many proposals to help immigrants including the Legal Immigration Family Equity Act.

Granting Amnesty to Illegal Aliens
Senators Hatch and Durbin debate the value of granting amnesty to illegal aliens.

Sen. Byrd Comments on Flaws in Legal Immigration Family Equity Act
Sen. Byrd, in an address to the Senate, points out the problems with the Legal Immigration Family Equity Act and offers his views on amnesty.

Sen. Kennedy Urges Senate to Pass Latino and Immigrant Fairness Act
Sen. Kennedy criticizes the Republican immigration proposal, discusses the benefits of the "Latino and Immigrant Fairness Act" and urges the Senate to "pass the real Latino and Immigrant Fairness Act and treat immigrants fairly."

Sen. Kennedy Commends the President's Support of LIFA
Sen. Kennedy remarks on the unfair passage of the 1996 Immigration Act and commends the President for his support of the "Latino and Immigrant Fairness Act."

Sen. Reid Calls for Senate to Support "Latino and Immigrant Fairness Act"
Sen. Reid discusses the "Latino and Immigrant Fairness Act" and comments that, "They [Republicans] have decided to ignore our bill and those who support it, and have decided to include their own immigration bill. The President has had no choice but to do this drastic maneuvering measure we want a simple, fair, family unification policy. That's what we're proposing. That's what we'll fight for. That's what Congress must do before we adjourn."

Sen. McCain Expresses Dismay Over Congress' Handling of Immigration Matters
During continuing consideration of the District of Columbia Appropriations Act 2001 Conference Report, Sen. McCain expressed his dismay over the way the "Latino and Immigrant Fairness Act" has been considered by this Congress. Sen. McCain stated that he welcomed the inclusion of the Legal Immigration Family Equity (LIFE) Act in the Appropriations Act but had hoped that the LIFE Act would have supplemented, rather than substituted for the "Latino and Immigrant Fairness Act" which is far broader.

House Debate on Amnesty
During debate in the House Reps. Obey, Young and Rohrabacher voice their opinions and concerns regarding amnesty. (Relevant sections highlighted)

Explanations for Why the House of Representatives is Still in Session
Rep. Rohrabacher opposes amnesty and states that the reason Congress is still in session is the President's threat to veto legislation passed by the House unless it includes more money for health care, education and a general blanket amnesty for millions of illegal immigrants into our society.

House Passes Private Immigration Bills
The House of Representatives passed private immigration bills for Malia Miller, Guy Taylor, Tony Lara, Sergio Lozano, Mina Vahedi Notash, Marina Khalina, Wei Jingsheng, Jacqueline Salinas and her children, Elizabeth Eka Basssey and her family and Jose Guadalupe Tellez Pinales.

Rep. Jackson-Lee Speaks in Support of Relief of Persian Gulf Evacuees
Rep. Jackson-Lee spoke to the House of Representatives in support of H.R. 3646 for the Relief of Persian Gulf Evacuees. This Act is a private relief bill on behalf of 54 families and individuals seeking permanent resident status in the US and has unanimously passed the House Subcommittee on Immigration and Claims and House Judiciary committee.

Rep. Engel Discusses Caribbean Amnesty and Relief Act
Rep. Engel speaks about his bill, the "Caribbean Amnesty and Relief Act," which reduces the devastating impact of IIRIRA on the Caribbean community, and asks the House to give this legislation favorable consideration as soon as possible.

Rep. Rodriguez Opposes Certified Development Company Program Improvements Act of 2000
Rep. Rodriguez expressed his opposition to H.R. 2614, the "Certified Development Company Program Improvements Act of 2000," because it does not restore Medicaid and the State Children's Health Insurance Program (SCHIP) benefits to legal immigrant women and children.

House Recognizes Rosaura Segura-Lopez
In his address to the House Rep. Thompson of California recognized Rosaura Segura-Lopez who has worked to improve the conditions for migrant farm workers and established the Immigration Services Office in St. Helena, Montana.

Rep. Mica Indignant
In debate on low income heating assistance Rep. Mica expresses his indignation at the comment that the Republicans did not know about immigration.

INS News of the Day

President Signs Anti-Trafficking Act
The President has signed H.R. 3244, the "Victims of Trafficking and Violence Prevention Act of 2000." The act strengthens efforts to fight violence against women, provides new tools and resources to combat worldwide trafficking in persons and provides assistance to victims of trafficking, and helps American victims of terrorism abroad to collect court-awarded compensation.

White House Response to Hatch Proposal
In a letter in response to Orrin Hatch, White House Chief of Staff John Podesta explains why the White House does not find Hatch's proposal acceptable.

Immigration News of the Day

Shelter from the Storm covers the asylum claim of R.A., a Guatemalan women who does want to live under the domination of her husband.

ILW.COM Highlights of the Day

Are You Frustrated with the INS?
Speak up, it matters!

ILW.COM Chats and Discussions of the Day

Have an Immigration Question?
ILW.COM holds chats sessions with lawyers on a regular basis. Check the transcripts of previous chats to find an answer to your immigration questions.

Letters to the Editor

The following is in response to a letter to the editor that appeared in the October 30, 2000, issue of Immigration Daily.

Dear Editor,

What an excellent letter from EZ on the lies told by INS officers in regard to a host of delivery times and to customer service (sic). I think most of the lies boils down to gross incompetence brought on by over zealous, outdated and unworkable immigration laws. The lies are also a product of no one in INS being accountable to government, to taxpayers or politicians. We need an all-partisan Congress inquiry to establish better human relations between INS and its clients or maybe an Immigration Ombudsman to right a sorry situation that begs reform. INS could be of more use to the nation if it had more State government direction.


Dear Editor,

Has anyone obtained relief for a violation of 8 CFR 238.1(e)? The INS started a removal and then, without IJ approval did and expedited removal at a correctional facility. The alien, convicted of an aggravated felony, was plausibly eligible for a 212(c) waiver of inadmissibility. He is now charged with 8 USC 1326.

Alan S. Hoffman, Esq.

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