Return-Path: <nifl-esl@literacy.nifl.gov>
Received: from literacy (localhost [127.0.0.1]) by literacy.nifl.gov (8.10.2/8.10.2) with SMTP id f95Biv022585; Fri, 5 Oct 2001 07:44:57 -0400 (EDT)
Date: Fri, 5 Oct 2001 07:44:57 -0400 (EDT)
Message-Id: <B7E3068C.24AF%azbecker@mindspring.com>
Errors-To: listowner@literacy.nifl.gov
Reply-To: nifl-esl@literacy.nifl.gov
Originator: nifl-esl@literacy.nifl.gov
Sender: nifl-esl@literacy.nifl.gov
Precedence: bulk
From: Aliza Becker <azbecker@mindspring.com>
To: Multiple recipients of list <nifl-esl@literacy.nifl.gov>
Subject: [NIFL-ESL:6514] FW: Immigration Policy Update
X-Listprocessor-Version: 6.0c -- ListProcessor by Anastasios Kotsikonas
Content-Transfer-Encoding: 8bit
Content-type: text/plain; charset="ISO-8859-1"
Status: O
Content-Length: 21671
Lines: 455
------ Forwarded Message
From: "Maurice Belanger" <mbelanger@immigrationforum.org>
Date: Thu, 4 Oct 2001 18:10:13 -0400
To: <mbelanger@immigrationforum.org>
Subject: Immigration Policy Update
National Immigration Forum
Date: October 4, 2001
To: Forum Associates and interested advocates
From: Maurice Belanger, Lynn Tramonte
Re: Immigration Policy Update
----------------------------------------------------
CONTENTS
1. Compromise Anti-terrorist Bill passed by House Judiciary
Committee
2. Hate Crime; Backlash resources on the Web
3. Detention regulation allows for longer detention without
charge
4. Liberians get DED again for one year
5. Items from the Federal Register
----------------------------------------------------
-------------------------
AFTERMATH OF SEPTEMBER 11 - Anti-Terrorist Legislation Introduced in the
House
-------------------------
On October 2, the Administration introduced the "Provide Appropriate
Tools Required to Intercept and Obstruct Terrorism (PATRIOT) Act of
2001" (H.R. 2975). Previous drafts of this bill had been widely
reported in the press. The current version is the result of a week of
negotiations between Democrats and Republicans, who sought to make the
bill more reasonable prior to introduction. In particular, the bill
represents a compromise between the very conservative Chair of the
Judiciary Committee, James Sensenbrenner (R-WI), and the very liberal
ranking minority member, John Conyers (D-MI).
Immigration-related security provisions of the bill, as introduced,
would:
** Change the definition of terrorist activity, to include the use
of weapons other than explosives and firearms.
** Make an alien inadmissible and removable for supporting an
organization designated as a terrorist organization (by the State
Department). Earlier drafts of the bill were more sweeping in what
might be considered a terrorist organization.
** Provide for the detention of someone suspected to be connected
with terrorism for seven days without charge. After seven days, the
individual must be charged with a crime or an immigration offense, or
must be released. Previous versions of the bill would have allowed for
indefinite detention without charge. This provision, if passed, would
supercede the recently-published regulation that gives the INS two days
to charge someone being held or "an additional reasonable period of
time" (see below). The seven-day limit would not guarantee a person's
release, only that they be charged with something.
** Provide that the Attorney General or the INS Commissioner ONLY
may certify that an alien is a terrorist if the Attorney General has
"reasonable grounds to believe" so. Previous versions of the bill would
have allowed the AG to detain someone if he "believed" someone to be a
terrorist, with no need to provide evidence. The bill allows for
judicial review of the certification and detention in the U.S. District
Court for the District of Columbia.
** Allow the government, if the Attorney General has "reasonable
grounds to believe" that an alien is a terrorist, to seek information
from the alien's government in the course of a determination on the
alien's application for asylum.
** Authorize funds to triple the size of the Border Patrol on the
northern border and the number of inspectors at ports of entry on the
northern border.
** Direct the Justice Department to provide access to information
in the National Crime Information Center to the State Department and the
INS for the purpose of determining whether someone seeking admission to
the U.S. has a criminal history record.
In addition to these measures, a number of provisions are included in
the bill to provide relief to immigrants who were victims or related to
victims of the September 11 attacks. Those provisions would:
** Make intending immigrants eligible for permanent residence
through the special immigrant program if the alien's family petitioner
was killed or disabled as a result of the attack. The same benefit
would apply to immigrants with a business sponsor if the business was
damaged or destroyed. Spouses and children of the beneficiary would
also benefit.
** Provide an additional year of status, and work authorization to
lawfully present nonimmigrants who were disabled as a result of the
attacks. Their children and spouses would receive the same benefit.
** Provide additional time for non-immigrants to file for an
extension or change of status, or to depart from the U.S., if they were
prevented from doing so as a result of the attack.
** Give additional time to winners of the visa lottery if, as a
result of the attack, they were prevented from entering the U.S. prior
to September 30, 2001.
There are several other breaks provided for groups of immigrants who may
have been affected by the attack.
Amendments in the House
In the Judiciary Committee "markup" on October 3rd, the following
amendments were accepted by the Committee:
** Those authorized to certify an alien is a terrorist would be the
Attorney General and the Deputy Attorney General (striking the INS
Commissioner from this authority). (This is the first step in
triggering the new detention and due process provisions in H.R. 2975
related to aliens suspected of terrorist ties.)
** The section permitting the U.S. government to disclose to a
foreign government that an alien has applied for asylum was struck.
Letting a foreign government know that someone who has been affiliated
with, or a resident of, that country is now asking for protection in the
United States could have severe adverse effects on that individual’s
family or associates still living in the foreign country--or on the
individual if he or she is returned to that country. Disclosure of an
individual’s request for asylum is not necessary to fully investigate
the credible fear claim.
** Additional fees are authorized to be levied on student visa
recipients who come from countries that have sponsored international
terrorism in the past. (For perspective, according to the American
Immigration Lawyers Association, in 2000 there were 6,107 students from
Pakistan, 1,185 from Iran, 641 from Syria, 112 from Iraq, and 110 from
Afghanistan.) Also, the amendment would move up implementation of INS's
automated student tracking system.
** To comport with the recent Supreme Court decision regarding the
indefinite detention of removable aliens whose home country will not
accept their return, there was an amendment requiring the release of the
alien after six months if he is not serving a sentence for a criminal
violation, cannot be deported to another country, and does not endanger
the national security of the United States or the safety of any person
or community.
** An amendment to deny visas to money launderers.
** A technical amendment regarding activities on the Northern
Border.
Action in the Senate
In the Senate, Chair of the Judiciary Committee, Patrick Leahy (D-VT),
has been negotiating directly with the Administration. There are
reports that a deal has been worked out, and as a result consideration
of the bill may by-pass Judiciary Committee consideration and go
directly to the Senate Floor, probably during the week of October 8.
More Legislation Expected
The Administration's bill may represent just the first wave of
legislation to appear in the wake of the September 11 attacks. As is
the case in a crisis, many members of Congress feel the need to "do
something," and that is not the best climate in which to enact
thoughtful legislation. In addition, there are plenty of foes of
immigration who are ready to recast their restrictionist agenda in
anti-terrorist language.
In the category of those who feel they need to "do something," Senator
Dianne Feinstein (D-CA) has been working on a far-reaching proposal
cracking down on all international students. These students represent
less than 2% of U.S. visa holders annually (according to 1999 INS
statistics), and most of the alleged actors in September 11’s terrorist
attacks did not enter the U.S. through this route. Still, Senator
Feinstein believes our security will be measurably improved by imposing
a six-month moratorium on the issuance of student visas. Once the
moratorium was lifted, Sen. Feinstein would have students apply through
the INS for their visas. (Student visas are currently obtained through
the State Department.) The result would no doubt significantly magnify
INS's already formidable backlog problem. Her proposal would also fund
full implementation of the INS’ electronic foreign student tracking
system as well as the expansion of such a system to include all other
non-immigrant visa holders. Additional tracking measures are included.
This proposal would go a long way towards isolating the U.S., but not
necessarily the terrorists.
Senator Christopher “Kit” Bond (R-MO) is planning legislation to toughen
enforcement of visa deadlines, and other measures related to the
issuance of visas. He proposes the creation of a new Visa Control
Office within the INS to locate, track, and apprehend foreign visitors
who overstay their visas, a 30-day waiting period abroad for visa
applicants to give consular officers adequate time to perform background
checks, the design and implementation of a tamper-proof non-immigrant
visa, more stringent standards for participation in the visa-waiver
program, and a variety of other information sharing and visa security
measures.
The restrictionist side is most forcefully represented these days by
Representative Tom Tancredo (R-CO), self-styled head of the Immigration
Reform Caucus in the House. He is calling for much tighter border
controls, and has a long-standing immigration moratorium proposal which
has recently been mentioned in some press reports.
When Congress reconvenes in 2002, we anticipate a new round of
immigration-related proposals. Our job will be to make sure that any
proposals that are seriously considered are measured, balanced, and do
the job we need done: make us safer as a nation without unnecessarily
cracking down on the rights and opportunities of law-abiding, decent
members of society, foreign-born or not.
-----------------------
ANTI-IMMIGRANT BACKLASH - Useful Information in Dealing with Hate Crimes
and Harassment
-----------------------
While Americans in general have done a remarkable job of coming together
in the wake of the terrorist attacks of September 11, there has been a
small minority of Americans who have vented their anger on Arab
Americans, Muslims, Sikhs, and others. There have been scores of
incidents of harassment, physical injury, and even murder. Law
enforcement scrutiny of the Arab American community has been intense.
In light of the rise in hate crimes against Arab Americans and others
who just look vaguely like the terrorists of September 11, the U.S.
Commission on Civil Rights has established a hotline for reports of hate
crimes against Arab American, Muslim and South Asian American victims of
violent incidents. The hotline number is 800-552-6843.
The American Arab Anti Discrimination Committee (ADC) has put up on
their website (http://www.adc.org/) a wealth of information on Arab
Americans and Islam, including a list of experts on Arabs, the Middle
East, and Islam; a list of 100 questions and answers about
Arab-Americans; advice for parents and educators; and other material.
In light of the increased police monitoring of Arab Americans, they have
a "Know Your Rights" publication on their site. (This document was
written by the National Lawyers Guild, and is also available on their
website at: http://www.nlg.org/wtc/Know%20Your%20Rights1.htm). ADC is
also monitoring hate crime incidents against Arab Americans. An
incident report can be obtained from their website.
The National Asian Pacific American Legal Consortium (NAPALC) also has a
section on their website devoted to the aftermath of September 11, and
to the rise in anti-Asian violence. Information they have posted,
including links to their affiliates who have additional information, can
be found at:
http://www.napalc.org/programs/antiviolence/issues/Terror%20Attacks/inde
x.html.
---------
DETENTION - New Regulation Allows for Longer Detention of Immigrants
Without Charge
---------
On September 20, the INS published an interim rule giving the Service
more time to hold immigrants in detention without charging them. Prior
to the interim rule, which became effective September 17, the INS by its
own regulation could hold someone for 24 hours before filing a charge
against them for some immigration or criminal violation. The current
rule extends that period to 48 hours "except in the event of an
emergency or other extraordinary circumstance in which case a
determination will be made within an additional reasonable period of
time." Information accompanying the interim rule states that the INS
may often require the additional time "to establish the alien's true
identity, to check domestic foreign, or international databases and
record systems" and to check with other law enforcement agencies and in
the U.S. and abroad. Comments are due on November 19, 2001. The
interim rule may be found on the Federal Register website at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-23545-filed
The legislation passed by the House Judiciary Committee would supercede
this regulation, once enacted.
-----------------
Liberian Refugees - Liberians in U.S. Again Get DED
-----------------
In a memorandum to the Attorney General on September 25, President Bush
directed that Liberians in the U.S. as of September 29, 2001 will be
granted Deferred Enforced Departure, a temporary protection from
removal, for one year from that date. They will also be granted work
authorization. Liberians have been protected from deportation by a
variety of grants of Temporary Protected Status and Deferred Enforced
Departure since 1991, due to civil war and political instability in
Liberia. The memo states that there remains a "significant foreign
policy interest" in deferring deportation of Liberians, as such
deportation might "cause the involuntary repatriation of many thousands
of Liberian refugees in West Africa, causing instability in Liberia and
the region." The memo can be found on the White House website at:
http://www.whitehouse.gov/news/releases/2001/09/20010925-7.html
FROM THE FEDERAL REGISTER
Medical Certification for Disability Exceptions. On September 11, the
INS published a notice in the Federal Register stating it is seeking
permission from the OMB to continue using Form N-648, Medical
Certification for Disability Exceptions. This form accompanies a
naturalization application when persons with certain severe disabilities
are seeking exemption from the language and history and government
testing requirements for naturalization.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-22805-filed
Non-Immigrant Worker. On September 17, the INS published a notice in
the Federal Register, stating that it is seeking OMB permission to
continue using Form I-129, Petition for Nonimmigrant Worker.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-23152-filed
B-1 Non-immigrants. On September 19, the Bureau of Consular Affairs
published an advanced notice of proposed rulemaking seeking public
comments on whether the term ``building and construction work,'' as used
in 22 CFR 41.31(b)(1) should be defined in regulation, and if so how.
The ultimate goal is to determine whether certain classes of aliens may
obtain visas as B-1 nonimmigrant visitors. Comments must be submitted
on or before November 19.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-23488-filed
Also on September 19, the INS published a complimentary notice to the
State Department notice.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-23327-filed
Walters v. Reno. On September 20, the INS published a notice in the
Federal Register detailing the procedures for requesting joint motions
to re-calendar, reopen or remand removal proceedings pursuant to the
settlement agreement in Walters V. Reno, challenging the INS's
implementation of civil document fraud provisions of Section 274C of the
INA. Class members have until August 21, 2003 to file their motions.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-23497-filed
Temporary Agricultural Workers. On September 27, the Department of
Labor published an interim rule in the Federal Register delaying the
effective date of a previously published final rule having to do with
implementing the delegation of authority to adjudicate petitions for the
temporary employment of nonimmigrant agricultural workers. The stated
reason was to provide "additional time to effectively implement the
delegation of authority, develop new systems and procedures, and to
train and brief members of the affected public and the employment and
training community in the new systems and procedures." The effective
date of the rule is delayed until September 27, 2002.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24208-filed
The INS published a complimentary rule on September 28.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24331-filed
Labor Certification, Temporary Agricultural Workers. On September 27,
the Department of Labor published a notice reopening and extending the
comment period on the proposed rule that would require employers to
submit fees for labor certification and the associated H-2A temporary
agricultural worker petition. The comment period is extended to October
29, 2001.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24207-filed
H-2A Agricultural Workers. On September 27, the Department of Labor
published a notice in the Federal Register announcing two informal
briefings to allow agricultural workers and employers and other
interested parties to communicate regarding proposed rule changes which
would require employers to submit fees for temporary alien agricultural
labor certification and the associated H-2A petition with a consolidated
application form at the time of filing. The briefings are in Washington,
DC, on November 8 and in Monterey, CA, on November 16.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24209-filed
Petition for Alien Fiancée. On September 27, the INS published a notice
in the Federal Register, stating that it is seeking OMB permission to
continue using Form I-129F, Petition for Alien Fiancée.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24129-filed
Non-Immigrant Students. On September 27, the INS published a notice in
the Federal Register, extending the comment period on a fee remittance
form for certain F-1, J-1 and M-1 nonimmigrants. Comments are due
October 29.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24130-filed
On September 27, the INS published a notice in the Federal Register,
stating that it is extending the comment period for Form I-539
Supplement A, Filing Instructions for V Nonimmigrant Status Applicants.
Comments are due October 29, 2001.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24128-filed
On September 27, the INS published a notice in the Federal Register,
stating that it is extending the comment period for Form I-817,
Application for Benefits Under the Family Unity Program. Comments are
due October 29, 2001.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24149-filed
Employment Eligibility Verification. On September 28, the INS published
a notice in the Federal Register, stating that it is seeking OMB
permission to continue using Form I-9, Employment Eligibility
Verification.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24355-filed
Conditional Residency. On September 28, the INS published a notice in
the Federal Register, stating that it is seeking OMB permission to
continue using Form I-751, Petition to Remove Conditions on Residence.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24353-filed
H-1B. On September 28, the INS published a notice in the Federal
Register, stating that it is seeking OMB permission to continue using
Form I-129W, H-1B Data Collection and Filing Fee Exemption.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24354-filed
LIFE Legalization. On September 28, the INS published a notice in the
Federal Register, stating that it is extending the comment period for
Form I-485 Supplement D, LIFE Legalization Supplement to Form I-485
Instructions. Comments are due October 29, 2001.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24356-filed
On October 1, the State Department published a notice in the Federal
Register identifying additional posts for purposes related to the
payment of immigrant visa fees.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-24490-filed
==============================
Maurice Belanger
Senior Policy Associate
National Immigration Forum
mbelanger@immigrationforum.org
http://www.immigrationforum.org
------ End of Forwarded Message
This archive was generated by hypermail 2b30 : Fri Jan 18 2002 - 11:30:54 EST