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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
SFWeekly.com 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.
NR
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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