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Recent Trends in Immigration- April / May 2003
Introduction: This Newsletter is intended to explain some of the important recent developments in immigration law.
HEADLINES
- ILLEGAL ALIENS CAN BE HELD INDEFINITELY
- CHANGES IN ASYLUM RULES
- JUSTICE DEPARTMENT TO ALLOW STATE AND LOCAL POLICE TO PURSUE ILLEGAL IMMIGRANTS
- U.S. ARRIVALS FACE RADIATION CHECK
- MUSLIM IMMIGRANTS REGISTER
- CALL-IN REGISTRATION MAY BE OVER, BUT THE RECORDING REQUIREMENTS HAVE ONLY JUST BEGUN!
- THE PRESIDENT REITERATES SUPPORT OF 245i
- U.S. SUPREME COURT RULES THAT LEGAL ALIENS WHO COMMIT CERTAIN CRIMES MAY FACE DETENTION PENDING DEPORTATION
- CURRENT BCIS PROCESSING TIMES
1. ILLEGAL ALIENS CAN BE HELD INDEFINITELY
Attorney General John Ashcroft has ruled that illegal immigrants who have no known links to terrorist groups can be detained indefinitely to address national security concerns.
Although it is still unclear as to how widely the policy will be enforced, the decision will have an immediate effect on Haitian immigrants in Florida. Ashcroft claims that the decision will discourage further surges of mass migration from Haiti by sea, which he described as a staging point for Pakistanis and Palestinians hoping to enter the United States illegally. Mr. Ashcroft said the nation's immigration judges should rule similarly in bail hearings involving other illegal immigrants, when the government provides evidence that extended detention is needed to protect the country.
This policy shift is the latest effort of the Bush administration to address security concerns and prevent terrorist attacks. The government has also detained dozens of immigrants, without charge, to serve as material witnesses in terrorism cases. This is the first time, however, that officials have decided to detain immigrants who have no links to terrorism in an effort to address broader security concerns. Until now, judges have focused on each individual immigrant and whether he or she posed any danger to local communities.
2. CHANGES IN ASYLUM RULES
The Bush administration's decision to detain asylum-seekers from Iraq and 32 other countries was announced on March 17 by Homeland Security Secretary Tom Ridge. The change in asylum rules is a part of Operation Liberty Shield, which includes measures such as heightened security patrols within cities and at points of entry, as well as seeking out and interviewing more that 11,000 Iraqi-born people in this country.
The new policy is aimed at asylum-seekers from countries which have ties to Al Qaeda or other terrorist groups. These individuals will now be automatically detained while their applications are considered (the application process may take six months or more). Before, asylum-seekers were held beyond initial screening only on a case-by-case basis. Only about 600 refugees from the 33 countries, mostly in the Middle East and South Asia, passed initial screenings for asylum at the border last year. Given the added security after the Sept. 11 attacks, many of them were detained.
The latest change comes after nearly decade of government efforts to tighten the asylum process. The early 1990's had a surge of asylum applications after the word spread that work permits were available to anyone who applied for asylum. By 1995, work permits were no longer issued to asylum applicants and the number of asylum requests fell from 150,000 to 65,000 a year. It is anticipated that the new detention rule will reduce this figure even more. The detention rule applies only to people arriving at a border or point of entry, not to refugees already in the United States.
The Lawyers Committee says the 33 countries included in the new rule are: Afghanistan, Algeria, Bahrain, Bangladesh, Djibouti, Egypt, Indonesia, Iran, Iraq, Jordan, Kazakhstan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Philippines, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Thailand, Tajikistan, Tunisia, Turkey, Turkmenistan, United Arab Emirates, Uzbekistan and Yemen. Palestinian asylum seekers from Gaza and the West Bank will also face automatic detention.
3. JUSTICE DEPARTMENT TO ALLOW STATE AND LOCAL POLICE TO PURSUE ILLEGAL IMMIGRANTS
Since the Justice Department announced its new interpretation of existing laws last year, a small number of police departments have begun arresting people accused of civil violations of immigration law, such as overstaying visas.
Officials say the change was necessary to provide assistance to federal immigration officers and to remove criminals and potential terrorists from the streets. But the Justice Department has refused to release the documents on which it based its decision to advocacy groups, who say the decision violates the law and undermines confidence in local enforcement.
Immigration Advocacy groups are not the only opponents of the Justice Department's decision to allow state police officers to take on the job of federal agents. A number of state police departments have spoken out against this change. Police chiefs in states including Texas, California, Florida and Colorado have warned that allowing local officials to make immigration arrests would jeopardize relations with immigrants, who might be less willing to report crimes.
Nonetheless, in a letter to the National Immigration Forum last month, Attorney General John Ashcroft said his legal counsel had determined that immigrants who were deportable under the immigration law and posed threats to national security could be arrested by local law enforcement. Mr. Ashcroft said the names of such immigrants were being entered into the Federal Bureau of Investigation's database.
4. U.S. ARRIVALS FACE RADIATION CHECK
Customs Commissioner Robert C. Bonner recently announced that every person entering the United States at the nation's airports, seaports, and land borders will be screened by at least one inspector carrying a radiation detector. The expanded screenings are not expected to cause delays at the borders. The customs program that began after Sept. 11 showed that only a small number of people and vehicles ever set off the detectors and that most of those quickly proved to be false alarms. Officials said the expanded program would allow for radiation screening of all trucks entering the United States. Cargo sent by sea and air would continue to be screened only selectively, although officials said the Homeland Security Department planned to have complete radiation screening of that cargo as well.
The decision to increase screening of baggage and people reflects a mounting concern that terrorist groups intend to detonate some kind of radiation device within the United States, most likely a so-called dirty bomb, in which conventional explosives spread radioactive material. The fear is based on evidence gathered from captured Al Qaeda members and other intelligence.
5. MUSLIM IMMIGRANTS REGISTER
During the last five months, nearly 130,000 male immigrants and visitors, predominantly Muslims, have been questioned in immigration offices, airports and border crossings-the largest effort to register immigrants in decades. Officials say they have caught and detained 11 suspected terrorists; they also have arrested more than 800 criminal suspects and deportable convicts, caught more than 9,000 illegal aliens and gathered a wealth of detailed information about legal immigrants from countries that are considered breeding grounds for terrorism.
Nearly 90 percent of the immigrants who registered at immigration offices inside the United States were working or studying here legally, officials said. But more than 9,000 illegal immigrants have registered so far, hoping, perhaps, for some leniency. They all have been issued notices to appear in court, often the first step toward deportation; about 300 have been detained for further questioning, for anywhere from a few hours to three days, lawyers and officials said. Immigration officials emphasized that the detainees represented only a small minority of those questioned.
While many say that they understand the government's reasoning for Special Registration, it does not erase the fact that Special Registration may have instead served to alienate the very people to whom the government ought to develop cooperative ties in its fight against terrorism. There is also a feeling of loss, particularly among legal immigrants who remember the days when they did not have to give their credit card numbers or fingerprints, or feel concerned about how Americans would respond to their headscarves or surnames. Nonetheless, officials continue to assert that Special Registration was necessary, given that there was no functional system to track immigrants once they entered the country, a fault that became evident when it was found that some Sept. 11 hijackers had overstayed their visas.
5. CALL-IN REGISTRATION MAY BE OVER, BUT THE RECORDING REQUIREMENTS HAVE ONLY JUST BEGUN!
It would have seemed that with the end of the call-in Special Registration deadlines, the stress and anxiety would have also ended for immigrants subject to the special rules. Unfortunately, the end of Special Registration has signaled a whole new host of rules and regulations for immigrants to follow to protect their status and remain lawfully in the US
Once the new Registrants have been entered into the system, they immediately become subject to an array of reporting requirements and an ongoing obligation to keep immigration authorities updated on changes in employment or place of residence.
Additionally, registration is still ongoing for nationals of designated countries upon arrival in the United States. Immigration Officers are registering individuals as they enter the country, regardless of whether these nationals are traveling for business or pleasure. After initial registration, visitors must continue to re-register at designated times during their stay. Visitors are given detailed information pamphlets to explain registration requirements during their stay.
6. THE PRESIDENT REITERATES SUPPORT OF 245i
Ari Fleischer, Press Secretary to President Bush, stated that 245i is still an important matter to the President, and efforts will continue in order to make as much progress as possible. Section 245i provided an opportunity for illegal aliens to apply for adjustment of status provided they are the beneficiary of an application for alien labor certification or an immigrant visa petition filed by a relative. (4/25/2003)
7. U.S. SUPREME COURT RULES THAT LEGAL ALIENS WHO COMMIT CERTAIN CRIMES MAY FACE DETENTION PENDING DEPORTATION
The U.S. Supreme Court recently decided that legal aliens who commit certain crimes in the United States can be imprisoned pending a deportation hearing. The list of crimes includes aggravated felonies, multiple crimes of moral turpitude, drug offenses and firearm crimes, among others.
The case involved Hyung Joon Kim, a Korean who immigrated to the US at the age of 6. Kim became a lawful permanent resident and was later convicted of theft and burglary charges. Kim was turned over to INS, to be detained pending deportation. At that point, Kim filed a habeas petition.
Civil rights groups countered that detention could last for months or years, and that freedom from arbitrary detention belongs to citizens and non-citizens alike. The court ruling was split 5-4, in favor of the government's right to detain pending deportation.
8. CURRENT BCIS PROCESSING TIMES
Please note that non-premium processed H-1B applications are currently taking 3-5 months to adjudicate in the Eastern District. Applications to extend work permission are now taking 120 days. Applications for advanced parole (permission to travel while adjustment application is pending) are taking approximately 120 days. Adjustment of status applications are taking 12-18 months to process -BCIS is currently processing adjustment applications filed in November 2001.
Any questions or problems related to immigration?
CONTACT US NOW!!!
NEIL A. WEINRIB & ASSOCIATES
305 BROADWAY, SUITE 1002
NEW YORK, NY 10007
(212) 964-9282
YOUR FIRST CALL FOR FAST-TRACK
FULL-SERVICE IMMIGRATION EXPERTISE
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