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IMMIGRATION
NEWS
This
week marks the passage by the Senate of the 21st Century Department of Justice
Appropriations Authorization Act with significant immigration provisions; the
mandated use of biometric BCCs when crossing the Mexican border; and the designation
of Liberia for Temporary Protective Status as well as other immigration and refugee
news.
INS
OFFICIALS SENTENCED FOR ILLEGAL ACTIONS
Two former Immigration and Naturalization Service employees were sentenced to
prison for assisting illegal immigrants obtain employment cards. Ruben Marquez,
27, was sentenced Monday to 18 months in prison for issuing more than 100 cards
to illegal immigrants who reportedly paid $3,000 to $4,000 per card. Roberto Barajas
was sentenced to six months in prison for using his badge to allow immigrants
through a security checkpoint. Marquez, who was identified as the leader of the
scheme, began working for INS in March 2001.
ARAB IMMIGRANTS IN CANADA WILL NOT BE REGISTERED, TRACKED OR FINGERPRINTED
WHILE ENTERING THE UNITED STATES
WorldNetDaily reports that ”Middle-Eastern immigrants in Canada who visit
the U.S. will not be subject to registration under the new anti-terror tracking
system, which goes into full effect this month, according to a more than 30-page
federal document obtained by WorldNetDaily." And “Immigration officers warn
that excluding Canadians born in these Mideast countries from registration leaves
a terrorist-friendly loophole in the system.”
DEPARTMENT
OF JUSTICE APPROPRIATIONS APPROVED
The Senate passed the 21st Century Department of Justice Appropriations Authorization
Act (H.R. 2215) on October 3, following its passage in the House on September
26. President Bush is expected to sign the legislation. The final version of the
bill, which was the subject of much negotiation, includes several positive immigration
provisions. Some of its more important provisions are:
Section 11018: Extends until 2004 the “Conrad State 20” program, which
allows states to request waivers of the two-year home residence requirement of
certain J–1 physicians who agree to work in medically underserved areas
for a period of at least three years, and raises the number of visas available
per state from 20 to 30.
Section 11030: Extends the deadline for allowing family members to apply for honorary
posthumous citizenship for non-citizen veterans who died while honorably serving
the U.S. in past wars.
Section 11030A: Recognizing that lengthy processing times by the Department of
Labor have precluded some H-1B visa holders from being eligible to apply for a
one-year extension of H status pursuant to the American Competitiveness in the
21st Century Act of 2000 (Pub. L. No. 106-313), this provision is intended to
permit aliens who have labor certification applications caught in lengthy agency
backlogs to extend status beyond the six-year limitation. As long as 365 days
have elapsed since the filing of a labor certification application (that is filed
on behalf of or used by the alien) or an immigrant visa petition, H-1B status
can be extended in one-year increments. This will be true even if the alien has
since changed his or her status or left the country. If an application for a labor
certification or adjustment of status or a petition for an immigrant visa petition
is denied, the extended H-1B status ends at that point.
Section 11030B: Amends the INA to authorize a child’s grandparents or legal
guardian to submit an application for naturalization on behalf of the child under
section 322 of the INA where the child’s parent, who otherwise would be
authorized to submit the petition, died during the preceding five years.
Section 11031: This provision applies to investors who filed and had their Immigrant
Petition by an Alien Entrepreneur (Form I-526) approved between January 1, 1995
and August 31, 1998, obtained conditional resident status and filed a Petition
by Entrepreneur to Remove Conditions (Form I-829). The section sets forth numerous
new procedures for determining whether an eligible investor can have the conditions
removed from his permanent resident status. It also states that an investor whose
conditional status is terminated by the INS may have that decision reviewed by
an immigration judge.This section also provides that any alien who was admitted
on a conditional basis as a child of an investor shall remain a “child”
for purposes of this title.
Section 11032: Applies to an Immigrant Petition filed by an Alien Entrepreneur
(Form I-526) that was approved by the INS between January 1, 1995 and August 31,
1998, and who timely filed an adjustment of status application or applied for
an immigrant visa overseas, but who never became conditional residents because
they remained overseas or because the INS never acted on their adjustment application.
The provision provides that if the INS revoked the Petition by an Alien Entrepreneur
(Form I-526) on the ground that the investor failed to meet the capital investment
requirement, that revocation is to be disregarded for purposes of this bill, and
the adjustment or immigrant visa application overseas is to be treated as reopened.
Once the investors become conditional residents, they must file a Petition by
Entrepreneur to Remove Conditions (Form I-829) within two years.
Section 11035: This section defines full-time employment for purposes of section
203(b)(5) of the INA as a position that requires at least 35 hours of work a week.
Section 11036: Eliminates the “establishment” requirement from section
203(b)(6) of the INA. Investors must only show that they have invested in a commercial
enterprise and do not have to show that they established one. This section also
eliminates the “establishment” requirement from section 216A of the
INA for investors who have filed a Petition by Entrepreneur to Remove Conditions
(Form I-829). Investors must also show that they have sustained their investment
actions over the required two-year period. The section also makes clear that the
term “commercial enterprise” may include a limited partnership.
Section 11037: Amends section 610(a) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act of 1993 to refine
the description of an EB-5 regional center and clarify that the regional centers
can promote increased export sales, improve regional productivity, job creation
or increase domestic capital investment. The section also indicates that the INS
should approvea pplications for EB-5 regional center status where the application
is based on a general prediction concerning the kinds of commercial enterprises
that will receive capital from investors, the jobs that will be increased directly
or indirectly as a result of the investment, and the positive economic impacts
that will result from the investment.
NEW
BIOMETRIC BORDER CROSSING CARDS REQUIRED
Beginning October 1, 2002, Mexican border entrants will be required to present
the new biometric BCC at all U.S. ports of entry along the U.S./Mexico border.
Over the past year, the INS and the U.S. Department of State have encouraged Mexican
nationals to apply in a timely manner for the new biometric card, Form DSP-150.
Since April 1998, the Department of State has issued more than five million new
biometric cards. On October 1, 2001, the Immigration and Naturalization Service
began accepting only the new biometric BCC. This requirement was mandated by the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The Enhanced
Border Security Act of 2002 extended the date until October 1, 2002 to replace
the old border crossing cards using Form I-186 or I-586 with the new biometric,
machine-readable cards (Laser Visa) (DSP-150). The BCC has a photo and machine-readable
biometric information. Beginning October 1, 2002, the old BCC will no longer be
a valid entry document. Effective October 1, 2002, those persons seeking admission
to the United States must possess one of the following:
· A valid biometric, machine readable, B1-B2 visa/BCC (DSP-150);
· A B1/B2 visa and BCC combination document issued by the Department of State
before 1998, where the visa is still valid, along with a valid passport; or
· Other valid visa and passport.The posts that are accepting biometric BCC applications
are located in Mexico City, Ciudad Juarez, Guadalajara, Hermosillo, Merida, Matamoros,
Monterrey, Nogales, Nuevo Laredo, Tijuana, and at the Tijuana and the Mexicali
Temporary Processing Facilities. In Mexico, visa information is available by calling
01-900-849-4949. In addition, visa information is available at no charge on the
U.S.
INS ADVISES ONE YEAR ANNOTATION ON PAROLEE I-94s
The INS has advised AILA that it no longer annotates an I-94 upon entry under
an advance parole with “paroled indefinitely.” Instead, it now marks
the I-94 with a one-year expiration.
SETTLEMENT
IN BARAHONA-GOMEZ v. ASHCROFT
The American Immigraton Lawyer’s Association reports that a preliminary
settlement has been reached in Barahona-Gomez v. Ashcroft, the class action lawsuit
that challenged the Creppy/Schmidt directives which prohibited the BIA and the
Immigration Judges from granting suspension of deportation after 2/13/1997 because
of their interpretation of the 4,000 cap.
EARNINGS RECORD DEFEATS CLAIM OF FULL TIME JOB
In Godoy Landscaping, the Employer sought to prove the full-time nature of the
position of landscaper by proffering federal tax reports showing the earnings
for each tax quarter. However, the Board relied on the Employer’s payroll
records to show the hours worked and whether the job duties of landscaper are
performed on a regular and continuing basis. In the instant case, the earnings
reported for the alien were higher between October and December than between January
and March. Hence, there was not a bona fide full-time job offer for the alien.
Godoy Landscaping, 2001-INA-129 (BALCA, June 3, 2002).
MIDDLEBURY COLLEGE’S SELECTION PROCESS COULD BEGIN BEFORE H1B APPROVED
In President & Fellows, Middlebury College, the petitioner argued that the selection
process could not have officially begun prior to the date that the alien obtained
an H-1B work visa, as, prior to that date, the alien was not eligible to work,
as had been previously decided in Montgomery College, 1994-INA-584 (BALCA, July
18, 1995). However, the Board began its analysis by noting that the definitions
at 20 CFR §656.3 do not include a definition for the term selection, nor has a
firm definition of this term been set out in previous decisions. In Montgomery,
the Board accepted the H-1B approval date, since there was no other date in the
record file; however, in the instant case, the Board found that a firm offer of
employment had been proffered to the alien, separate from the H-1B approval date,
thereby holding that an H-1B approval is not needed to establish the start of
the 18-month “Selection Process” for college and university teachers.
President & Fellows, Middlebury College, 2001-INA-136 (BALCA, Jan. 24, 2002)
HUMAN
RIGHTS WATCH NOTED IMPROVEMENTS AT INS DETENTION CENTER
In a nine-page letter to U.S. Immigration and Naturalization Service (INS) officials,
Human Rights Watch commended officials for progress made at a major INS detention
center in San Pedro to improve detainee living conditions and treatment, but also
noted areas where improvements are still required.
CHILDREN IN THE LINE OF FIRE - - ISRAEL & PALESTINE
Amnesty International has issued a report on the killing of Palestinian and Israeli
children by these combatants. In the period from 29 September 2000 to the end
of August 2002, some 1700 Palestinians, including more than 250 children, were
killed, and more than 580 Israelis, most of them civilians and including 72 children,
were killed. The overwhelming majority of Palestinian children have been killed
in the Occupied Territories when members of the Israeli Defense Forces (IDF) responded
to demonstrations and stone-throwing incidents with excessive and disproportionate
use of force, and as a result of the IDFs reckless shooting, shelling and aerial
bombardments of residential areas. Palestinian children have also been killed
as bystanders during Israeli extra-judicial execution of targeted activists, or
were killed when their homes were demolished. Others died because they were denied
access to medical care by the IDF. At least three Palestinian children have been
killed by armed Israeli settlers in the Occupied Territories. Israeli children
have been killed in direct and indiscriminate attacks, including suicide bombings,
and shootings by members of Palestinian armed groups and by Palestinian individuals
who may not belong to armed groups, both inside Israel and in settlements or on
roads leading to settlements in the Occupied Territories. The patterns of killings
described in this report show how the right to life of Palestinian and Israeli
children has been repeatedly violated as a result of the systematic failure of
the Israeli authorities, Palestinian armed groups, and the Palestinian Authority
(PA) to comply with the obligations and safeguards set down in international human
rights and humanitarian law.
This report focuses on the killing of children. Over the years, Amnesty International
and other organizations have documented different patterns of serious and systematic
violations of some of the most fundamental human rights -- including the right
to life-- in Israel and the Occupied Territories.
HEARINGS HELD ON IMPROPER TREATMENT OF HAITIANS IN AMERICA
On October 1, the Immigration Subcommittee of the Senate Judiciary Committee held
a hearing to address concerns over the improper treatment of Haitian asylum seekers.
Among the witnesses testifying were Thomas Wenski, auxiliary bishop of Miami and
chairman, Migration Committee of the U.S. Conference of Catholic Bishops; Dina
Parks, National Coalition for Haitian Rights; Cheryl Little, Florida Immigrant
Advocacy Center; and Marie Ocean, a former Haitian detainee. Both witnesses and
lawmakers expressed grave concerns over what was characterized as the INS’s
discriminatory Haitian policy. At the heart of the concern was the INS’s
newly revealed policy, initiated in December, which calls for the detention of
all Haitian asylum seekers who arrive by boat while their claims are being adjudicated.
The harsh treatment faced by the Haitian detainees was also of great concern to
the witnesses and lawmakers. In addition to what were characterized as nightmarish
conditions, Haitian asylum seekers from the same family have been detained in
centers as far apart as Pennsylvania and Florida. In addressing this detention
policy, Representative Conyers stated that, “the separation of mothers from
their children is disgraceful.” In what seemed to capture the feeling of
the hearing participants, Mr.Wenski said that “there are unfortunate parallels
between the way China treats North Korean asylum-seekers and the manner in which
the United States treats asylum-seekers from Haiti.”
Senator Kennedy promised to “keep after this [issue] until we get something
done.”
AMNESTY INTERNATIONAL REPORTS ON BULGARIAN ABUSE OF MENTALLY ILL
Amnesty International reports there are a high number of deaths in Bulgarian social
care homes from medical neglect and a lack of food and warmth. Residents may be
physically restrained with chains or straitjackets, or secluded in a small room
or a cage for an indefinite period.
REPRESSION IN THE NAME OF ANTI-TERRORISM
Human Rights Watch has assembled a number of instances in which they countries
cynically attempted to take advantage of the struggle against terrorism to intensify
their own crackdowns on political opponents, separatists and religious groups,
or to suggest they should be immune from criticism of their human rights practices.
In other places, leaders exploited the situation to advance unnecessarily restrictive
or punitive policies against refugees, asylum-seekers, and other foreigners. The
countries commented on include Australia, Belarus, China, Egypt, India, Israel,
Jordan, Kyrgyzstan, Macedonia, Malaysia, Russia, Syria, The Untied States, Uzbekistan,
and Zimbabwe.
UGANDAN ASSISTS TRANSFER OF REFUGEES
The government owned Ugandan newspaper, New Visions, reports a total of 8,420
refugees comprising of 1, 971 families have been transferred from their temporary
settlement in Kiryandongo to Kyangwali in Kibaale district. The UNHCR regional
information consultant based in Nairobi, Jonathan Clayton, said, “UNHCR
is grateful to the Government of Uganda and other partners like the World Food
Programme for their co-operation in successfully resettling the 8,420 refugees
in Kyangwali.” Clayton said the refugees were believed over the safe and
successful completion of the resettlement exercise, adding that at Kiryandongo,
30 UNHCR tents had been distributed, two reception centres constructed and 4,860
plastic sheeting given out. He said the remaining 15,200 refugees who are currently
being temporarily accommodated at Kiryandongo would be resettled at a location
to be agreed upon by the Government and the UNHCR. Clayton said at Kyangwali,
UNHCR had so far erected six water reservoirs with a total capacity of 20,000
litres, distributed 1, 079 pieces of plastic sheeting and six latrine blocks.
The 15, 200 were among the 24,000 refugees displace when the LRA rebels attacked
Achol-pii, killing a number of them. Meanwhile, 15,200 refugees from Achol-pii
refugees camp in Pader are yet to be settled.
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