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------ Forwarded Message
From: "Belanger, Maurice" <mbelanger@immigrationforum.org>
Date: Wed, 27 Mar 2002 18:39:36 -0500
To: "Belanger, Maurice" <mbelanger@immigrationforum.org>
Subject: Immigration Policy Update
National Immigration Forum
Date: March 27, 2002
To: Forum Associates and interested advocates
From: Maurice Belanger
Re: Immigration Policy Update
----------------------------------------------------
CONTENTS
1. Bush Returns From Mexico After Signing Border Security
Agreement
2. Visa Flap Leads to More Calls for INS Reorganization
3. Border Security Bill Stalled in Senate
4. Ashcroft Orders More Interviews With Middle Eastern Men
5. BIA Restructuring Comment Period Ends
6. Federal Register Items
7. Announcements
----------------------------------------------------
Congress is away this week for Spring recess. Following is an update on
some of the issues the Forum has been following in Washington. Congress
will return on April 8.
-----------
U.S.-MEXICO - Bush, in Mexico, Focuses on Security
-----------
President Bush traveled to Mexico last week, attending a U.N. International
Conference on Financing for Development as a first stop on a four-day tour
of Latin America. While there, the President finalized a border security
plan with Mexico similar to the one signed with Canada in December. The
22-point "U.S.-Mexico Border Partnership Action Plan" includes steps the two
governments will take to ensure a secure infrastructure, a secure flow of
people, and a secure flow of goods. The "smart border" deal aims to
facilitate the legitimate flow of people and commerce across our borders
while screening out those who would threaten us. Among other things, the
plan calls for the U.S. to pre-certify certain Mexican companies that would
electronically seal their containers in Mexico and receive express treatment
at the border. The plan also calls for a study of the possibility of
creating express immigration lines at airports for people from the three
NAFTA nations and for Mexico and the U.S. to share information on those
applying for visas to travel to either country.
The agreement can be found on the White House website at:
http://www.whitehouse.gov/infocus/usmxborder/22points.html.
Advocates hoped that this trip would present an opportunity for the two
countries to resume discussions on a range of issues, including U.S.-Mexico
migration and an earned legalization for undocumented Mexicans in the U.S.,
and to set a timeline for a deal on these issues. There were no specifics
on this, but a joint statement by Presidents Bush and Fox said that the two
governments "have today agreed that our Cabinet level migration group
should continue the work we charged it with in Guanajuato and
Washington" last year. (The Joint Statement can be found on the White House
website at:
http://www.whitehouse.gov/news/releases/2002/03/20020322-9.html.)
Any security deal cannot ultimately succeed without a migration deal
including a legalization of undocumented Mexicans and others in the U.S. In
an era where national security has taken on a new urgency, it is not prudent
to leave undocumented immigrants underground without anything being known
about them. Nor does it make sense for U.S. employers to have to resort to
filling a fair chunk of their workforce with workers who must rely on
smuggling operations to get to the U.S. because there are insufficient
opportunities to come to this country legally.
For the Forum's perspective on how border security and a U.S.-Mexico
migration deal are necessarily connected, see "The Way Forward on
Immigration Policy" posted on the Forum's website at:
http://www.immigrationforum.org/pubs/articles/032002_wayforward.htm. The
Migration Policy Institute has just published a paper with a similar
perspective, titled "An Immigration and National Security Grand Bargain with
Mexico." The paper is posted on their website. A summary Fact Sheet can be
found at: http://www.migrationpolicy.org/pubs.bargainfacts.html.
At the same time that Bush was in Mexico, representatives from over 30
non-governmental organizations from the U.S. and Mexico met in Monterrey,
Mexico, for an alternative meeting to discuss borders, migration agreements,
and immigrant rights. These organizations also take the position that it is
vital to both the U.S. and Mexico to enact a broad and comprehensive
legalization program for all undocumented immigrants and their families in
the United States. In a press release about this meeting, these
organizations said that it is necessary "that both the US and Mexico
recognize and acknowledge the contributions made by those immigrants and
their families who live in US communities by granting them a program that
will lead to permanent residency." For more information, contact:
Fernando Garcia, Border Network for Human Rights, (915) 204-0337; Janna
Shadduck Hernandez, American Friends Service Committee, (215) 241-7128;
Maria Jimenez, ILEMP- American Friends Service Committee, (832) 868-0766
------------------
INS REORGANIZATION - Visa Flap Increases Pressure for INS Reorganization
------------------
Six months after the terrorist attacks of September 11, the Florida flight
school where Mohamed Atta and Marwan Alshehhi were trained received
secondary notification from the INS that their change of status from tourist
to vocational student had been approved. The fact that the terrorist
ringleader (Atta) was not recognized by anyone handling the visa approval
caused a furor in Washington, and competing plans for reorganizing the INS
have leapt forward.
Agreement Reached on House Bill
Rep. James Sensenbrenner (R-WI), Chair of the House Judiciary Committee, is
the author of one plan. Last year, Rep. Sensenbrenner had proposed
separating the INS into two agencies, with little coordination between the
two. On March 21, key members in the House responsible for immigration
policy--Rep. Sensenbrenner, Rep. George Gekas (R-PA), Chair of the
Immigration Subcommittee, Rep. John Conyers (D-MI), the senior Democrat on
the Judiciary Committee, and Rep. Sheila Jackson Lee (D-TX), the senior
Democrat on the Immigration Subcommittee--reached an agreement making
changes in the previous version of the Sensenbrenner bill. According to a
Judiciary Committee press release
(http://www.house.gov/judiciary/news0321.htm), the bill would split the
functions of the INS into two bureaus that would report to a new Associate
Attorney General for Immigration Affairs, who would be the third-ranking
official in the Justice Department. The Associate AG's office would contain
an office to handle children's issues, and a General Counsel. The services
and enforcement bureaus would each have their own budgets and policy
offices.
Rep. Sensenbrenner, speaking at a conference organized by the Center for
Migration Studies on March 21, insisted that he believes immigration
services are no less important than enforcement. He pointed out that many
Congressional field office staff spend many hours dealing with INS service
complaints. In his view, legislation is necessary because past
administrative attempts at restructuring have failed. The elevation of the
person in charge of immigration (to Associate Attorney General) is to
compensate for the INS having been a "stepchild" at the Justice Department
for so long. In Rep. Sensenbrenner's view, the service and enforcement
bureaus must have their own budgets, because otherwise service money gets
diverted to pay for enforcement functions.
In a press release on March 21, the National Association of Latino Elected
and Appointed Officials (NALEO) Educational Fund said that the agreement of
key members of Congress represents "a positive development." The
organization, which has played a key role among advocates in Washington on
the issue of INS reorganization, said that it still has concerns about
Sensenbrenner's bill, among them whether the agreement provides for adequate
coordination between the service and enforcement bureaus, and whether the
proposal provides for adequate funding for the service functions of the INS.
There will be a hearing on the House bill on April 9, and the bill will be
"marked up" in the Judiciary Committee on April 10.
A Senate bill is expected to be introduced in the near future by Sen. Edward
Kennedy (D-MA). That bill is expected to more closely resemble the
Administration's plan, as well as proposals previously introduced in the
Senate.
Border Patrol, Customs Merger Proposed
Meanwhile, several press stories reported that the White House was presented
with a plan that is a scaled-back version of one reported to be favored by
Homeland Security Director Tom Ridge. Ridge originally wanted to merge the
INS border control functions, the Customs Service, parts of the Agriculture
Department (having to do with screening for potentially harmful agricultural
products being brought into the country), and the Coast Guard, and place
them in a separate agency. Instead, the scaled-back proposal would take the
border enforcement functions of the INS, as well as the Customs Service, and
place them in a separate agency contained in the Justice Department.
According to The New York Times, this proposal has the blessing of Attorney
General Ashcroft and Treasury Secretary O'Neill. With the exception of the
Treasury Department's loss of the Customs Service, no agency would lose a
large chunk of its budget in such a move, as would have happened if several
parts of disparate agencies lost portions of their functions to an
independent agency. (This reduces the political opposition that would occur
from agency heads, and members of Congress with jurisdiction over those
agencies, threatened with loss of parts of their responsibilities and (more
importantly) their budgets.)
There has been no indication from the White House to date as to whether the
President has given the go-ahead to this proposal. Approval would
contradict in part the Administration's own INS restructuring plan, which
the Forum reported on in an e-mail update on December 4. A fact sheet on
the Administration's plan can be found on the INS website at:
http://www.ins.gov/graphics/publicaffairs/factsheets/restruct.htm.
-------------------
BORDER SECURITY Act - Senate Leaves Without Passing Border Security Act
-------------------
Before leaving Washington for the Spring recess, the Senate was unable to
act on S. 1749, the Enhanced Border Security and Visa Entry Reform Act
(sponsored by Senators Kennedy (D-MA), Brownback (R-KS), Feinstein (D-CA),
and Kyl (R-AZ)). That bill has been held up in the Senate by Senator Robert
Byrd (D-WV), who claims that all he wants is to have a chance to have the
bill debated and amended. Senate Majority Leader Daschle (D-ND) said that
the bill will be high on the list of Senate priorities after the Spring
recess. A hearing has tentatively been scheduled for April 10. The House
has twice passed the bill, once with an extension of Section 245(i) attached
to it. There are currently 55 cosponsors on the Senate bill.
Passage of the Border Security Act would tighten our immigration controls to
better screen out those who come here with the intention of doing us harm.
Once Congress has dealt with the security concerns, it will be far easier to
act on other important immigration issues.
--------------------------
CIVIL LIBERTIES AFTER 9/11 - Ashcroft Again Orders Interviews of Middle
Eastern Men
--------------------------
On March 20, Attorney General John Ashcroft again called for approximately
3,000 men from the Middle East who have entered the country on temporary
visas recently to submit to "voluntary" interviews to discover what they
might know about terrorist activities in the U.S. In a press conference
announcing the move, Ashcroft said the men "have been selected for
interviews because they fit the criteria designed to identify persons who
might have knowledge of foreign-based terrorists."
Late last year, officials compiled lists of approximately 5,000 Middle
Eastern men between the ages of 18 and 33 who entered the U.S. on
non-immigrant visas since January 1, 2000. Not all of those individuals
were tracked down, and the effort continues to find those persons. The
3,000 are individuals who entered more recently than the first group.
According to Ashcroft, everything went just peachy with the first round of
interviews, and relations between the Arab American community and the
Justice Department actually improved over the course of the interview
effort. "The majority of the persons we spoke to made their best effort to
provide useful information," Ashcroft said.
On the other hand, Ziad Asali, President of the American Arab
Anti-Discrimination Committee, said in a press release issued March 20 that
Arab American community groups did indeed cooperate with the investigation,
but "with all due respect, the Attorney General is wrong to think that these
investigations have created a greater level of trust between the
Arab-American community and law enforcement. Broad-based investigations of
thousands of people, especially when based on an ethnic profile, inevitably
spread fear and anxiety in any community." James Zogby, of the Arab
American Institute, quoted in The New York Times, said that the Justice
Department, in ordering these additional interviews, was "compounding its
first error with another one."
A transcript of the Attorney General's remarks at the U.S. Attorney's Office
for the Eastern District of Virginia (where this announcement was made) is
at:
http://www.usdoj.gov/ag/speeches/2002/032002agnewsconferenceedvainterviewpro
jectresultsannouncement.htm
The ADC Press release is at: http://www.adc.org/press/2002/20March2002.htm
-----------
DUE PROCESS - Public Comment Period Ends for BIA Restructuring Proposal
-----------
On March 21, the public comment period for a Justice Department proposed
regulation to change the composition and procedures of the Board of
Immigration Appeals (BIA) came to a close. The proposed rule, among other
things, would reduce the size of the Board from 23 to 11, and have most
cases screened and decided by one judge rather than a panel of three. The
proposed rule was published on February 19, allowing just 30 days for public
comment. For more information on the proposed rule, see the Forum's Policy
Updates of February 8 and February 27.
At a press conference on March 20, the American Immigration Lawyers
Association (AILA) brought together several immigration lawyers to discuss
the serious problems with the proposed regulation as written. AILA sent a
letter to the Attorney General and to the Executive Office for Immigration
Review (the parent agency for the BIA), with the names of more than 750
individuals expressing concern about the proposed rule. (The Forum
collected more than 180 names on a similar letter.) A press statement from
AILA about the proposed rule, released at the time the proposal was
published in the Federal Register, can be found at:
http://www.aila.org/newsroom/28me2001c.html. The Forum has also issued a
statement on the proposed regulation. That statement can be found on the
Forum's website at:
http://www.immigrationforum.org/press/articles/032002_bia.htm.
The EOIR will now have to consider comments submitted, after which time a
final regulation will be written and published in the Federal Register. (It
is possible that an interim regulation could be published, allowing for
another period for public comment.) It is not known at this time when
publication of a final or interim rule will take place.
FROM THE FEDERAL REGISTER
On March 19, the State Department published a list of designated terrorist
organizations and individuals, previously designated in October and December
of last year.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-6577-filed
INS Forms
The INS is seeking public comment in its request to the Office of Management
and Budget to extend the use of the following forms.
N-400. Application for Naturalization. (March 15. Comments due May 14.)
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-6213-filed
Emergency Federal Law Enforcement Assistance (related to providing
reimbursement to States and localities for assistance provided in meeting an
immigration emergency). (March 19. Comments due May 20.)
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-6504-filed
Guidelines on Producing Master Exhibits for Asylum Applications. (March 19.
Comments due May 20.)
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-6503-filed
G-79A. Data Relating to Beneficiary of Private Bill. (March 19. Comments
due May 20.)
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-6505-filed
I-775. Visa Waiver Program Carrier Agreement. The agreement between a
transportation company and the United States is needed to ensure that the
transportation company will remain responsible for the aliens it transports
to the United States under the Visa Waiver Program. (March 20. Comments
due May 20.)
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-6717-filed
G-639. Freedom of Information/Privacy Act Request. (March 19. Comments
due May 20.)
-------------
ANNOUNCEMENTS
-------------
The following is being circulated at the request of the Catholic Legal
Immigration Network (CLINIC).
Position Opening: Deputy Director/Communications Coordinator
The Catholic Legal Immigration Network, Inc. (CLINIC) has an immediate
opening for a Communications Coordinator to oversee CLINIC's work on public
relations, media relations, press releases, marketing materials, advocacy
reports and publications and public presentations. This position will
develop and maintain contact with CLINIC partner agencies, document
experiences faced by low-income immigrants and develop and implement a
strategy to highlight those experiences in the media. Other
responsibilities include developing media relations with a focus on
advocacy; drafting and placing opinion pieces; and overseeing the content,
scheduling and production of CLINIC's publications. Applicants should have
a bachelor's degree with major course work in public relations, journalism,
English or related field, 10 years management experience in the public
relations/communications arena designing and implementing proactive media
strategies, and demonstrated excellent writing skills. Experience working
with immigrant issues is preferred. Salary commensurate with experience.
Generous benefits package. Send resume, references and writing sample by
April 20th, 2002 to: Resume: Communications Coordinator, Human Resources,
CLINIC, 415 Michigan Avenue, NE, Washington, DC 20017. E-mail:
cmoore@cliniclegal.org. FAX: (202) 635-2649. Visit our webpage at:
www.cliniclegal,org. No telephone calls. EOE.
=======================
The following is being circulated at the request of Catholic Charities of
New York.
Position Announcement: Associate Director for Legal Services Location:
Catholic Charities, Immigrant and Refugee Services, New York City
Position Title: Associate Director for Legal Services
Overview: Supervision of casework and training and development of legal
staff for six-attorney and ten-paralegal immigration legal services program.
Duties and Responsibilities:
I. Legal Support: provide legal support to staff; assist and advise in case
representation; develop quality assurance systems with program coordinator;
develop and conduct legal trainings; provide support to hotline staff;
coordinate law interns; provide limited case representation.
II. Technical Support: assess staff needs and coordinate evaluation process;
develop procedural protocols.
III. Advocacy and Outreach: conduct local and national advocacy with INS;
conduct presentations and workshops.
IV. Development: assist in identifying and developing program responses to
legislation or community needs as they arise.
Qualifications:
JD and admission to a state bar
2-3 years' immigration law experience
Prior management experience greatly preferred
Skills, licenses, and/or competencies required:
Strong oral and written communications skills
Ability to convene and lead meetings
Comfortable with public speaking
Excellent interpersonal and managerial skills
Computer literate
Spanish bilingual preferred
Salary: Competitive.
Contact Information:
Interested candidates should fax resume to:
Penni Bunyaviroch, Associate Director
Catholic Charities
Immigrant and Refugee Services
1011 First Avenue
New York, NY 10022
Fax: 212.751.3197
Tel: 212.419.3700
*****************************************************
* If you would like to stop receiving e-mail **
* updates from the National Immigration Forum, **
* send a message to mbelanger@immigrationforum.org **
* and ask to be removed from the list. It's **
* easier to find you on the list if you identify **
* yourself when making any request. -mb **
=====================================================
Maurice Belanger
Senior Policy Associate
National Immigration Forum
mbelanger@immigrationforum.org
http://www.immigrationforum.org
**********************************************************************
** NOW AVAILABLE: Immigration Policy Handbook, 2002. **
** Revised and updated to include immigration in the wake **
** of September 11. This "one-stop" resource contains **
** the most important information, trends, and analysis **
** relating to the immigration policy debate in the United States. **
** An indispensable guide for the advocate, student, lawyer, **
** policymaker, or anyone with an interest in U.S. immigration **
** policy. Find more information on our website: **
** http://www.immigrationforum.org/pubs/handbook.htm **
** **
**********************************************************************
------ End of Forwarded Message
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