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Editor's Comments of the Day
As of late Friday afternoon, New York time, several sources indicate that the White House and Congress have reached an agreement on immigration issues. Included in the appropriations bills for the Departments of Commerce, Justice and State was the Legal Immigration and Family Equity Act ("LIFE"). The LIFE act creates a new visa category and provides for work authorization for spouses and children of permanent residents, allows some of the people who did not pursue legalization in 1986 under IRCA because of misinformation from the INS to pursue their claims, and extend K visas to spouses and children of US citizens who marry abroad. President Clinton has continued to support the Latino and Immigrant Fairness Act ("LIFA") which would restore 245(i), advance the registry date and extend the provisions of NACARA to other Central Americans and Haitians.
It appears that the compromise which has been reached would keep most of the provisions of the LIFE Act. It creates a new visa category for spouses and children of permanent residents who have been waiting for more than three years. The bill would expand the K visa to apply to spouses, and accompanying minor children, of US citizens who marry abroad. There are provisions to allow some late legalization class members to adjust. The most surprising provision is a restoration of 245(i) only through April 30, 2001. One source says that 245(i) would be limited only to applicants physically present in the US on the date of enactment. Another indicates that 245(i) may be available only for certain family based petitions.
A four month revival of 245(i) is a "worst-of-both-worlds" compromise. It satisfies neither those who want to make it a permanet part of the law nor those who oppose it. The last time Congress set a cut-off date for 245(i) eligibility it resulted in a flood of hastily prepared visa petitions and labor certifications. In some states the Department of Labor has not yet reviewed all the Applications for Labor Certification received from people trying to beat the January 14, 1998, deadline for grandfathering. If the new version of 245(i) differs from the previous versions, the ability of attorneys to advise their clients will be threatened. Four months will not be enough time for most attorney's to examine and interpret the provisions, and certainly not for the INS to issue any regulations or for courts to interpret it. A four month restoration is unfair to the INS, unfair to the Department of Labor, unfair to attorneys and ultimately unfair to aliens. ILW.COM will report on whatever action Congress does take with regard to 245(i) and all immigration issues.
Cases of the Day
Court has Jurisdiction to Denaturalize Nazi
The court in US v. Tittjung, No. 00-2442 (7th Cir. Dec. 15, 2000) found that the district court had subject matter jurisdiction to revoke the citizenship of a person who had served as a concentration camp guard during World War II, but failed to disclose it when obtaining a visa.
Harsher Sentence for Abuse of Alien
[You will need Acrobat to read this file]
In US v. Lewis, No. 00-2525 (8th Cir. Dec. 15, 2000) the court found that it was not an abuse of discretion to impose a harsher sentence for conspiring to harbor an illegal alien where the alien had been held captive, deprived of adequate nourishment and medical care, and subjected to physical and psychological abuse.
Prior Conviction Need not be Proven for Enhanced Sentence
The court in US v. Fresnares-Torres, No. 99-30171 (9th Cir. Dec. 15, 2000), held that for an alien found in the United States after having been deported, an increase in the penalty based on his having been deported for an aggravated felony is a penalty provision and not a separate offense that need be proven to a jury.
Congressional News of the Day
Retirement of Senator Spencer Abraham
Sen. Levine recounts his
experiences working with Sen. Abraham and praises the Senator for his
contributions during his time in the Senate.
INS News of the Day
Refugee Assistance
President Clinton has determined that it is
important to the national interest that up to $33 million be made
available to meet the unexpected urgent refugee and migration needs, including
those of refugees, displaced persons, conflict victims, and other persons
at risk.
Migrant Smuggling and Trafficking in Persons Coordination Center
The Departments of State and Justice have announced the establishment of a Migrant
Smuggling and Trafficking in Persons Coordination Center which will bring together
representatives from the policy, law enforcement, intelligence, and diplomatic communities
in one central location to facilitate information sharing and coordination in combating
migrant smuggling and trafficking in persons.
INS Data Management
Improvement Act of 2000 Task Force
As required by the INS Data Management
Improvement Act of 2000 (DMIA), the Attorney General has signed the INS DMIA Task Force
Charter which establishes a Task Force that will address a series of specified activities,
provide reports to Congress and set deadlines for the implementation of an electronic,
integrated entry and exit data system at all air, sea and land ports-of-entry.
ILW.COM Featured Article of the Day
Post-Conviction Relief in the Defense of Immigrants
Oregon-based attorney Brian Patrick Conry writes immigration law from a criminal defense lawyer's perspective and offers of options for post-conviction relief in the defense of immigrants.
Immigration News of the Day
INS Special Report by The Oregonian
This past week The Oregonian has run a series of articles based on their four-month
nationwide
investigation of the INS. The six-part series
began on Sunday with articles about
prison conditions of INS detainees, the
unchecked power of the INS and the comments of
an ex-lawmaker regarding the INS reforms; on Monday the newspaper covered the
corruption and bureaucracy
in the agency and the effect that
Congressional Acts have on the INS; on Tuesday the paper looked at the how
immigration law splinters families; on Wednesday the stories focused on
asylum seekers and the deportation power
of the INS; on Thursday the paper dealt with the
culture of the INS, intolerance among co-workers
and the view of an
INS inspector; and on Friday the series concluded with a look
at rejected
foreigners,
issues surrounding reforming the INS and
recommendations for fixing the agency.
ILW.COM Highlights of the Day
Ten Free Cases
If you are an ILW.COM attorney member and have not already used the case
tracking system, then you are entitled to 10 free cases. If you do not have
your username/password, write to webmaster@ilw.com.
ILW.COM Chats and Discussions of the Day
Chat with Robert Hollander
Attorney Robert Hollander will answer questions on all aspects of immigration law on Monday, December 18, 2000, at 9:00 p.m. Eastern (New York) time. Questions will be accepted starting 15 minutes before the beginning of the chat.
Classifieds of the Day
ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to editor@ilw.com.
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