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Subject: [NIFL-ESL:7061] FW: Immigration Policy Update
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------ Forwarded Message
From: "Maurice Belanger" <mbelanger@immigrationforum.org>
Date: Mon, 28 Jan 2002 19:23:15 -0500
To: "Belanger, Maurice" <mbelanger@immigrationforum.org>
Subject: Immigration Policy Update
National Immigration Forum
Date: January 28, 2001
To: Forum Associates and interested advocates
From: Maurice Belanger, Lynn Tramonte, Tara Young
Re: Immigration Policy Update
----------------------------------------------------
CONTENTS
1. Conference Call Notice - February 20
2. Growing Concern Over Administration Actions Reacting to
Sept. 11
3. Border Security Legislation on Senate's Agenda
4. U.S.-Mexico Talks Resume
5. Competing Proposals for INS Reorganization
6. Driver's License - A National ID Card?
7. Refugee Admissions at Snail's Pace Since Sept. 11
8. Circuit Courts Rule to Restore Due Process
9. Refugee Protection Act
10. College-Bound Undocumented Immigrant Students Get Break
in California
11. Unaccompanied Minor Legislation
12. Bush Supports Food Stamp Restoration for Some Immigrants
13. Legislation Would Help Non-Citizen Baggage Screeners
Keep Their Job
14. 245(i): Back to the Drawing Board
15. U.S., Canada Sign Border Agreements
16. National Immigration Forum Presents "Waking the American
Dream"
17. Readings from the Federal Register
----------------------------------------------------
----------------------------------------------------
CONFERENCE CALL NOTICE - Save the Date
Please join the National Immigration Forum
and other immigration advocates for a
“Share-the-Cost” nationwide conference
call on Wednesday, February 20, 2002 at
1:00PM EST. You must have a Genesys
conference call account code. If you do not
have an account code, you should call Genesys
at 888-727-2560 BEFORE the call. Without an
account code, you will not be able to get on
the call.
To get on the call, dial (703) 871-3021 and
ask for the immigration policy nationwide
conference call. The confirmation number is
5799212. Angela Kelley will moderate this
call. You will be asked for your conference
call account code.
-----------------------------------------------------
The 107th Congress has returned for its second session.
Immigration-related issues will be high on the Congressional agenda.
Following is a discussion of some of the issues that will likely be the
focus of attention in Washington in the coming months.
--------------
ANTI-TERRORISM - Concern Growing Over Administration Actions
--------------
Since September 11th, the Administration and Congress have taken a
number of steps in reaction to the terrorist attacks. Some of the
administration's actions against Middle-Easterners in the U.S. have
created a backlash in the civil rights community, among Arab Americans,
and in Congress. For example, the arrest and detention of hundreds of
Middle-Eastern men, some for many weeks without charge, has caused many
to ask if the government has gone too far. Rep. John Conyers (D-MI),
ranking minority member of the House Judiciary Committee, has been
particularly vocal in his concern about the government's actions after
he was shut out of the immigration proceedings of Rabih Haddad, an imam
in Michigan’s Muslim community. These proceedings are normally open to
the public, but the immigration courts have closed the proceedings of
certain Middle-Eastern immigrants. His press release about the incident
is at: http://www.house.gov/judiciary_democrats/imamhaddadpr010202.pdf
A list of some of the administrative actions taken in response to
September 11th, along with a brief summary of the USAPATRIOT Act can be
found on the Forum's website at:
http://www.immigrationforum.org/currentissues/articles/011602_govtrespon
se.htm
--------------
ANTI-TERRORISM - Border Security Legislation Near Top of Senate Agenda
--------------
Before Congress broke for the end of the year, the House passed the
Border Security and Visa Entry Reform Act (H.R. 3525/S. 1749). This
bill, crafted by Senators Edward Kennedy (D-MA), Sam Brownback (R-KS),
Dianne Feinstein (D-CA), and Jon Kyl (R-AZ), was held up in the Senate
by Senator Robert Byrd (D-WV) due to “procedural objections.” Byrd’s
criticism was that the bill did not receive public scrutiny or debate in
the Senate and should not be merely pushed through at the end of the
year.
This bill should be among the first orders of business for the Senate
when Congress returns. The bill proposes measures that address
weaknesses in obtaining, tracking, sharing, and evaluating information
on foreign nationals and cargo crossing our borders. Once Congress
dispenses with these post-September 11 security issues, it can return to
the immigration agenda it was considering prior to the terrorist
attacks. A U.S.-Mexico migration agreement would be a logical follow-up
to the security legislation, as there is now clearly a security-related
need to bring more of the flow of Mexican workers across our common
border into a legal framework and out of the shadows.
Click on this link for more information on the government’s response to
terrorism and a summary of the Border Security and Visa Entry Reform
Act.
http://www.immigrationforum.org/currentissues/articles/011602_govtrespon
se.htm
---------
US/Mexico - Getting Back on Track
---------
Indications are that some sort of agreement with Mexico remains high on
the President's agenda. Since September 11th, the President repeatedly
has stated that relations with Mexico are important to him. On January
10, Mexican Foreign Minister Jorge Castañeda was in Washington meeting
with Secretary of State Colin Powell. They reiterated each country's
support for closer ties, but there was no timeline set for a migration
agreement. Still, it is likely that Congress will at least be examining
the issue in this session. The issue is also on the Democrat's agenda,
and that fact was highlighted by a trip to Mexico by the Democratic
leaders of the House and Senate in November. Congress is expected to
wrap up its consideration of anti-terrorism legislation soon, clearing
the way for a return to the pre-September 11 agenda. Meanwhile,
restrictionists within and outside of Congress have tried to link
hard-working Mexican undocumented workers with the terrorist threat, but
their arguments, irrational as they are, have not gained much traction.
The U.S. economy may be the most important factor affecting prospects
for an agreement on migration between the U.S. and Mexico this year. If
a recovery is slow and uncertain, Americans will feel insecure about
their future, and will be in a less generous mood towards immigrants.
------------------
INS REORGANIZATION - Homeland Security Complicates Reorganization
Picture
------------------
INS reorganization will be another important immigration-related item on
the Congressional agenda in this session of Congress. During the last
session, the Bush Administration proposed a plan that has received
generally favorable reviews from immigration advocates. The
administration had planned to move ahead with its proposal, saying that
legislation is not necessary to at least begin reorganizing the agency.
A Director of Restructuring has been appointed. (For a brief summary of
the Administration's proposal, see the INS press release at:
http://www.ins.gov/graphics/publicaffairs/factsheets/restruct.htm)
Ironically, while the Democrat-controlled Senate is taking a
wait-and-see approach to the Administration's plan, the
Republican-controlled House is indicating it will not go along with the
Administration. Rep. James Sensenbrenner (R-WI), Chair of the Judiciary
Committee, introduced H.R. 3231, the Immigration Reform and
Accountability Act, in November. The bill would restructure the INS in
a way that would, among other things, lead to competing legal counsel
between enforcement and services. In a press release, Sensenbrenner
discusses his bill at:
http://www.house.gov/sensenbrenner/wc20011102.htm.
Rep. Tom Tancredo (R-CO) head of the restrictionist "Immigration Reform
Caucus" in the House, has introduced his own bill. H.R. 3600, the
National Border Security Agency Act, would pull out from the INS those
portions of the agency responsible for law enforcement and border
management, including the Border Patrol and the divisions of Inspection,
Investigations, and Detention and Removal, and places these functions in
a new National Border Security Agency. That agency would also include
Customs and the Coast Guard. The bill does not address the service side
of the INS. Tancredo issued a press release on the introduction of this
bill, which can be found at:
http://www.house.gov/tancredo/PressRelease/tancredo_introduces_bill_to_c
rea.htm.
Meanwhile, within the administration itself there has been some tension
on how INS reorganization might proceed. The White House Office of
Homeland Security floated a "white paper" in which it proposed a federal
border administration similar to Tancredo's National Border Security
Agency, having control of the Coast Guard, the Customs Service, the
border enforcement functions of the INS, and the Department of
Agriculture's agriculture quarantine inspection program. The program
met with stiff resistance from the agencies involved, and consideration
of such a reorganization has been slowed.
-----------
NATIONAL ID - Will the Driver's License Become Our National ID?
-----------
Up to September 11th, 2001, advocacy campaigns in several states were
convincing state legislators and governors that undocumented immigrants
who resided in the state should be allowed to obtain drivers licenses.
The issue was public safety. Immigrants who had to drive for their jobs
had to do so without a license, without going through the license
application process including the motor vehicle test, and without the
ability to obtain automobile insurance. Now, many states are making it
more difficult to obtain a license, and there are calls to have states
standardize their drivers license and ID card processes, and for federal
legislation to mandate such standardization.
In particular, the American Association of Motor Vehicle Administrators
(AAMVA), representing officials who administer and enforce motor vehicle
laws in the states and Canadian provinces, has established a Special
Task Force on Identification Security. That Task Force has released a
set of recommendations that include, among other things, improving and
standardizing the initial driver's license and ID card processes,
establishing uniform procedures for serving non-citizens, and seeking
federal legislation, rule making, and funding to implement AAMVA's
recommendations. AAMVA members will be in Washington in February
lobbying for action on the organization's recommendations. An executive
summary of those recommendations can be found on the AAMVA website at:
http://www.aamva.net/drivers/drvIDSecurityExecutiveSummary.asp
For advocates interested in following this issue as it is evolving in
the states, there is an immigrant license listserv. For information on
subscribing to the listserv, contact Tiana Murillo, of the National
Immigration Law Center by electronic mail at murillo@nilc-dc.org.
--------------------
REFUGEE RESETTLEMENT - Refugee Admissions Nearly at Standstill
--------------------
One of the many casualties of September 11th has been the U.S. refugee
program. September, being the last month of the federal fiscal year, is
typically a heavy month for refugee resettlement, as there is a rush to
get refugees already approved for resettlement into the U.S. by the end
of the year. This year, 22,000 refugees who had been approved for
resettlement were put on hold after September 11 because of a review of
security procedures. The President delayed issuing the annual refugee
admissions ceilings for Fiscal Year 2002 until November 21--halfway
through the first quarter of the government's budget year. Two months
later, refugee admissions are still at a trickle. Only a small fraction
of this year's admission ceiling of 70,000 refugees have been resettled.
The situation is so bad that resettlement agencies, which are paid by
the government on a per-refugee basis, are laying off staff. Saving the
refugee program will be a priority issue for many advocates this year.
For more information, see the websites of the U.S. Committee for
Refugees (http://www.refugees.org/news/crisis/resettlement/index.htm)
and the Lutheran Immigration and Refugee Service at
(http://www.lirs.org/).
-------
FIX '96 - U.S. Circuit Courts Rule to Restore Due Process Rights
-------
In January, the U.S. 9th Circuit Court of Appeals ruled that legal
permanent residents placed in removal proceedings due to criminal
convictions may be released on bail during the deportation process.
This contradicts standard INS practice, which since October 1998 has
interpreted a 1996 law to require detention of these aliens upon
completion of their criminal sentences until they can be returned to
their countries of origin--no matter how long their deportation
proceedings last. According to the 9th Circuit--and the 3rd Circuit
Court of Appeals in Philadelphia, which ruled similarly in a recent
decision--this violates the due process clause of the 5th Amendment.
Similar cases are still pending in Cincinnati, Denver, New York, and
Richmond federal appeals courts.
Taken together, last summer’s Supreme Court victories and the recent
circuit court decisions illustrate how out of step the 1996 immigration
laws are with the values and architecture of our nation’s justice
system. There is legislation pending in both the House and Senate to
comprehensively fix the onerous provisions of the Illegal Immigration
Reform and Immigrant Responsibility Act (IIRAIRA) and the Anti-Terrorism
and Effective Death Penalty Act (AEDPA, which contained several
anti-immigrant provisions unrelated to terrorism or the death penalty).
Senators Edward Kennedy (D-MA) and Bob Graham (D-FL) and Representatives
Barney Frank (D-MA), Bob Filner (D-CA), and John Conyers (D-MI) have all
introduced legislation to restore due process rights to legal immigrants
caught up in the criminal justice system.
The Washington, DC, Due Process Working Group is revising strategy and
messages according to the new climate and issues in the wake of the
terrorist attacks of September 11th. Washington advocates are hoping to
involve more state and local groups in order to focus national,
regional, and state-wide advocacy efforts in a way that has maximum
impact on federal legislators. For more information on the activities
of this working group, contact Melanie Nezer of IRSA-USCR at
mnezer@irsa-uscr.org.
------
ASYLUM - Refugee Protection Act
------
Restoring fair treatment to refugees who show up at our doorstep seeking
protection is still a priority in the second session of the 107th
Congress. Members of the Washington, DC-based Asylum Working Group are
currently working on gathering support for the Refugee Protection Act
(S. 1311), lining up more co-sponsors in the Senate and cultivating a
champion in the House to introduce the bill in that chamber. This group
is also organizing and promoting a conference in Pennsylvania on
February 24, 2002, to highlight the positive impact refugees have had on
this state. Representative George Gekas (R-PA), Chair of the House
Immigration Subcommittee, will be giving the keynote address.
For more information on the Refugee Protection Act, asylum and refugee
advocacy, or the Pennsylvania conference, contact Gene Guerrero of the
Lawyers Committee for Human Rights at guerrerog@lchr.org.
---------------------
UNDOCUMENTED STUDENTS - California Universities Revise Policies for
In-State Tuition
---------------------
Earlier this month, the Board of Regents of the University of California
system adopted a new policy that allows certain undocumented immigrant
students who reside in California to pay resident tuition rates instead
of the more cost-prohibitive foreign student or out of state fees. The
Board’s decision followed in the footsteps of other public universities
in this state, who have extended in-state tuition rates to students who
have attended California high schools for at least three years pursuant
to a new law that permits such policies.
While advocates seek to construct similar campaigns in other states, a
federal fix is also in the works. The Student Adjustment Act (H.R.
1918), introduced by Representatives Chris Cannon (R-UT), Howard Berman
(D-CA), and Lucille Roybal-Allard (D-CA), has thirty-one Republican and
Democratic co-sponsors to date. Senator Richard Durbin (D-IL) has a
companion bill in the Senate, the Children’s Adjustment, Relief, and
Education Act (S. 1265). While neither of these bills has received much
attention since September 11th, Congress should be returning to its
pre-September 11th agenda, including consideration of this issue.
To link up with DC-area advocates working on a national solution,
contact Lynn Tramonte of the National Immigration Forum at
ltramonte@immigrationforum.org.
--------------------
UNACCOMPANIED MINORS - Support for Legislation Grows
--------------------
The U.S. Conference of Catholic Bishops and other groups have been
lining up broad-based support for the Unaccompanied Alien Child
Protection Act (S. 121/H.R. 1904). Their focus is to label this more of
a “child care and custody” issue than an immigration issue, and they
have been successful thus far in adding significant co-sponsors even
after September 11th. Look up the bills on the Library of Congress
legislative search engine (http://thomas.loc.gov) to see if your
Senators and Representative have signed on thus far.
The working group actively supporting this legislation is preparing
materials and an action plan to encourage state and local groups’
involvement in calling for the enactment of this important legislation.
They are also helping Senate Immigration Subcommittee staffers plan a
hearing on children’s immigration issues, to take place in February.
For more information or to get involved in this campaign, contact Dory
Mitros of the U.S. Conference of Catholic Bishops at dmitros@usccb.org
--------
BENEFITS - Bush Supports Restoring Food Stamp Access to Some Immigrants
--------
In disclosing highlights of his FY 2003 budget plan, President Bush
announced in January that he plans to restore food stamp access to a
targeted group of legal immigrants. His proposal would cover those who
have been in the U.S. for at least five years; Administration estimates
state that approximately 363,000 individuals would gain access to this
important safety-net benefit.
As immigrants have been disproportionately impacted by the downturn in
our economy and large-scale layoffs in the service sector, this is a
welcome step in the right direction. Legislation is still pending in
the House and Senate to further restore access to food stamps, health
care, and other means-tested public benefits for targeted groups of
immigrants. For more information on these bills or to help out with the
campaign to pass this legislation, contact Adey Fisseha of the National
Immigration Law Center at fisseha@nilc-dc.org.
--------------
ANTI-TERRORISM - Legislation Introduced to Mitigate Citizenship
Requirement for Screeners
--------------
Senators Dianne Feinstein (D-CA) and Barbara Boxer (D-CA) and
Representatives Hilda Solis (D-CA) and Nancy Pelosi (D-CA) have
introduced legislation (S. 1829/H.R. 3505) to address the new
requirement that all airport security screeners be U.S. citizens. Their
bill would allow screeners who are permanent residents to keep their
jobs if they have been approved for naturalization but are awaiting the
Oath ceremony; if they have applied for naturalization but their
application is pending; or if they will meet the residence requirements
for naturalization within a year of the Attorney General's certification
to that fact and they file a declaration of intent to apply for
citizenship within six months of the bill's passage. On this issue, the
Service Employees International Union (SEIU), which represents many
airport baggage screeners, is taking the lead in advocating for
legislation. At the same time, the American Civil Liberties Union
(ACLU) of Southern California is suing on behalf of nine named
screeners, alleging that the new requirement--which would displace
thousands of long-time, experienced airport screeners who lack
citizenship--is unconstitutional and discriminatory.
For more information on this issue, contact Solange Bitol of SEIU at
bitols@seiu.org.
------
245(i) - Back to the Drawing Board on Fight to Extend Provision
------
On December 19, 2001, the House passed the Enhanced Border Security and
Visa Entry Reform Act (HR. 3525). Initially, a provision extending
Section 245(i), which expired in April 2001, was included.
Unfortunately, before HR 3525 came up for a vote, the 245(i) provision
was stripped from the bill. The Senate companion bill had no provision
on Section 245(i).
The provision extending Section 245(i) was a compromise measure that the
House and Senate agreed upon in early September. The House was set to
vote on this measure on September 11th, but it was put on hold due to
the terrorist attacks. The compromise measure would have extended
Section 245(i) until April 30, 2002 and required a familial relationship
exist before August 15, 2001 or the labor certification be filed before
August 15, 2001.
Advocates were disappointed that an extension of Section 245(i) did not
pass last year, but will resume their efforts this year.
---------
US/Canada - U.S., Canada, Enter into Agreements on Migration, Border
---------
One idea for increasing the security of the U.S. that has been discussed
since September 11th has been "North American Perimeter Security." This
concept would have Mexico, the U.S., and Canada cooperate on immigration
and security issues, making it difficult for terrorists to use the
territory of one country to launch an operation on another. The U.S. is
further along in discussions with Canada on common security concerns,
and in December, Canada and the U.S. announced two agreements.
In theory, the concept is a good one. Some of the policies stemming
from the North American Perimeter Security, however, could have negative
implications for certain immigrants and asylum seekers. For example, on
December 3rd, the U.S. and Canada signed a "Joint Statement of
Cooperation on Border Security and Regional Migration Issues."
According to a news release on the statement, the U.S. and Canada will
focus on the "deterrence, detection and prosecution of security threats,
the disruption of illegal migration and the efficient management of
legitimate travel" by, among other things, "developing a Safe Third
Country Agreement." In practice, this may be a problem for refugees
seeking asylum. Refugees who have made it to the U.S., but seeking to
apply for asylum in Canada, may be forced to apply here, where they may
be less likely to win. According to Immigration and Refugee Services of
America, approximately 40% of asylum seekers in Canada arrive from the
U.S.
A Justice Department press release on this agreement can be found at:
http://www.usdoj.gov/opa/pr/2001/December/01_ag_626.htm.
An additional agreement was signed with Canada on December 12, 2001,
called an "Action Plan for Creating a Secure and Smart Border." The
agreement will result in more information-sharing between the U.S. and
Canada, and more scrutiny of people and goods flowing across the border.
A release on that agreement can be found on the White House website at:
http://www.whitehouse.gov/news/releases/2001/12/20011212-6.html
Homeland Security Director Tom Ridge will travel to Mexico in March to
continue talks with Mexico on border security, immigration, and trade.
-------------------------
NATIONAL FORUM CONFERENCE - Waking the American Dream, by Sarah Jones
-------------------------
NATIONAL IMMIGRATION FORUM PRESENTS
THE WORLD PREMIERE OF
WAKING the AMERICAN DREAM
A ONE-WOMAN PERFORMANCE BY SARAH JONES
JANUARY 31, 2002 – 7:00 PM
THE MAYFLOWER HOTEL
Playing a spectrum of memorable characters in one eye-opening evening,
acclaimed poet and performer Sarah Jones makes the American Dream come
alive. Winner of the prestigious Nuyorican Poets’ Grand Slam in 1997 and
the Best One Person Show award at HBO’s Aspen Comedy Arts Festival in
2000, Ms. Jones will portray characters personally affected by the
September 11th tragedies, as well as other immigrants who strive each
day to achieve the American Dream.
Join us for this exciting debut. Tickets are $55 each, $20 for students
with a valid ID. For Reservations please call 202.544.0004, ext. 42 or
visit www.immigrationforum.org.
For more information on Sarah Jones, see her website at:
http://www.sarahjonesonline.com
FROM THE FEDERAL REGISTER
Department of Labor Final Rule, H-1B
On December 5th, 2001, the Department of Labor published a final rule,
effective January 14, allowing employers filing Labor Conditions
Applications for the employment of nonimmigrants on H-1B visas in
specialty occupations and as fashion models to submit these applications
electronically, utilizing web based forms and
instructions.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-30054-filed
2002 Refugee Determination
On December 7, the Presidential Determination on FY 2002 Refugee
Admissions Numbers was published in the Federal Register, setting the
ceiling for refugee admissions for 2002, and regional allocations.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-30449-filed
INS Form
On December 10, 2001, the INS published a request for comments to renew
an existing form I-730, Refugee/Asylee Relative Petition. This form is
used by an asylee or refugee to file on behalf of his or her spouse
and/or children. Comments are due February 8.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-30386-filed
INS Form
On December 21 the INS published a request for comments to renew an
existing form N-600, Application for Certificate of Citizenship.
Comments are due February 19.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-31539-filed
Customs Service Interim Rule - Airline Passenger and Crew Manifests
On December 31, the Customs Service published an interim rule and
request for comments, "Passenger and Crew Manifests Required for
Passenger Flights in Foreign Air Transportation to the United States."
The interim rule was published to implement a provision of the Aviation
and Transportation Security Act. Among other things, the Act requires
that each air carrier operating a passenger flight from another country
to the U.S. must electronically transmit to Customs in advance of
arrival a passenger and crew "manifest." The rule became effective
December 31, 2001. Comments are due March 1.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&
docid=01-32034-filed
INS Form
On January 4, the INS published a request for comments for the continued
use of its existing form I-765, Employment Authorization Document.
Comments are due March 5.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&
docid=02-216-filed
State Department Interim Rule - Replacement Visas
On January 11, the State Department published an interim rule and
request for comments, "Issuance of New or Replacement Visas." The
interim rule updates and clarifies existing regulations pertaining to
the issuance of replacement visas. The interim rule became effective
January 11, 2002. Comments are due March 12.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&
docid=02-269-filed
State Department Interim Rule - Immigrant Relatives of Sept. 11 Victims
On January 11, the State Department issued an interim rule changing the
definition of "Immediate Relative" to include the widows and children
whose spouses/parents were the victims of the terrorist acts of
September 11, 2001. The interim rule became effective on January 11,
2002. Comments are due March 12.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&
docid=02-270-filed
Department of Education Form
On January 11, the Department of Education published a notice seeking
comment on a new form, "Descriptive Study of the Emergency Immigrant
Education Program." According to the notice, "The goals of the
Descriptive Study of Immigrant Education are to provide information
about: (1) The types of programs and services for immigrant children and
youth and best practices for serving this population; (2) the degree to
which immigrant students are meeting state standards; and (3) the way in
which services are paid for and provided. This study will include case
studies of 15 districts that represent diverse circumstances and
populations, and a range of approaches to serving recent immigrant
children and youth." Comments are due February 11.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&
docid=02-720-filed
INS Proposed Rule - Detention of Minors
On January 14, the INS reopened the comment period for a proposed rule
published July 24, 1998
(http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=1998_register
&docid=98-19712-filed) regarding procedures for processing minors in INS
custody. "Specifically, the proposed rule set forth proposed service
policy for the release of juveniles from custody, as well as standards
regarding the placement of juveniles in Service custody into
state-licensed programs and detention facilities." The comment period
is reopened to March 15, 2002. Specifically, the INS would like comment
on the following: "determinations of who speaks for the child with
respect to immigration matters, circumstances under which detention in a
secure juvenile facility is necessary, and any additional ideas that may
be helpful to minimize the number of juveniles who must be placed in
Service custody." Comments are due March 15.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&
docid=02-811-filed
INS Form
On January 14, the INS published a notice extending the comment period
for revisions to its form N-648, "Medical Certification for Disability
Exceptions." This form is filed by applicants for naturalization
seeking a disability waiver to the English and Civics requirements.
Comments are due February 13.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&
docid=02-892-filed
Justice Department Notice
On January 16, the Justice Department published a "Notice of advance
consent for providing aviation training to certain alien trainees,"
temporarily granting "advance consent for the training of certain
categories of aliens, without requiring that they provide identifying
information to the Attorney General, based on a provisional finding that
they do not constitute a risk to aviation or national security at this
time."
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&
docid=02-1250-filed
Health and Human Services Form
On January 17, the Department of Health and Human Services published a
notice opening a 60-day comment period on a new form, "Trafficking
Victims Certification and Reporting System." The form is intended to
collect information concerning victims of a severe form of trafficking
to determine their eligibility for public benefits "and to help them
secure subsistence while they wait to assist the Attorney General in the
prosecution of a case against the trafficker."
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&
docid=02-1239-filed
Department of Justice Policy Guidance on Services to LEP Individuals
On January 18, the Department of Justice published a notice seeking
comment on a policy guidance document, "Guidance to Federal Financial
Assistance Recipients Regarding Title VI Prohibition Against National
Origin Discrimination Affecting Limited English Proficient Persons."
The document is meant to clarify the responsibilities of recipients of
federal financial assistance from the Justice Department towards persons
who are limited English proficient, and to assist recipients in
fulfilling those responsibilities. Comments are due February 19.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&
docid=02-1391-filed
Legal Services Corporation Meeting Notice
On January 24, the Legal Services Corporation published a notice of a
meeting of its 1626 Negotiated Rulemaking Working Group, which is
considering revisions to its alien representation regulations. The
working group meeting, which is open to the public, will be on January
28-29, 2002.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&
docid=02-1808-filed
==============================
Maurice Belanger
Senior Policy Associate
National Immigration Forum
mbelanger@immigrationforum.org
http://www.immigrationforum.org
Don't forget about the National
Immigration Forum's first annual
national conference in Washington, DC,
January 31-February 1, 2002.
Visit www.immigrationforum.org/conf2001 for more details.
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