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Recent Trends in Immigration - February 2003
Introduction: This Newsletter is intended to explain some of the important recent developments in immigration law.
HEADLINES
- REGISTRATION OF CERTAIN NONIMMIGRANT ALIENS FROM DESIGNATED COUNTRIES
- COURT UPHOLDS REGISTRATION PLAN
- JUSTICE DEPARTMENT DEFENDS ALIEN REGISTRATION
- U.S. TO MAKE AIRLINES GIVE DATA ON PASSENGERS
- HOMELAND SECURITY AGENCY HEADED BY RIDGE
- RIDGE ANNOUNCES ONE-STOP INSPECTION SYSTEM
- MANDATORY NIV INTERVIEWS IN LONDON
- THE FUTURE OF CONGRESSIONAL BIILL I-245
- FEDERAL AUTHORITIES MAKE ARRESTS IN CASE OF ALIEN-SMUGGLING RING
- SOLVING THE PROBLEM BY MAKING ALL "ILLEGAL ALIENS" CITIZENS
- DETENTION UPHELD FOR ENEMY COMBATANTS
- OVER 200,000 IMMIGRANTS ELIGIBLE FOR RESIDENCY
- REFUGEES TRAPPED IN KENYA
- INS EXTENDS START DATE FOR TRACKING FOREIGN STUDENTS
- ILLEGAL IMMIGRANTS ON THE RISE
- NEW CONTROLS ON TRANSFERRING CASH
- UPDATE ON NEW YORK DISTRICT OF INS
- INS TO USE BODY-RECOGNITION TECHNOLOGY
- INS WORKERS INVESTIGATED IN PASSPORT FRAUD
1. REGISTRATION OF CERTAIN NONIMMIGRANT ALIENS FROM DESIGNATED COUNTRIES
INS has now designated 4 "call-in" groups requiring nationals from certain countries to submit to Special Registration. The designated countries are: Iran, Iraq, Libya, Sudan and Syria (Call-in Group 1); Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, UAE and Yemen (Call-in Group 2); Pakistan and Saudi Arabia (Call-in Group 3); Bangladesh, Egypt, Indonesia, Jordan and Kuwait (Call-in Group 4).
Nationals of these countries are required to appear during designated time periods, for fingerprinting and questioning. Failure to appear may result in the loss of immigration status, as well as possible arrest or deportation. Generally, INS has withheld the passports of individuals with pending 245i applications and has given these same individuals a Notice to Appear (NTA).
Please note that individuals who entered the United States without inspection (without a visa) are not subject to Special Registration in New York.
Special Registration rules and dates differ for each call-in group and is subject to change at any time. We strongly advise that you consult our office for more details.
2. COURT UPHOLDS REGISTRATION PLAN
A federal judge in Santa Ana, California dismissed a lawsuit seeking to end the new registration program. The plaintiffs had accused the INS of detaining people without notice of charges, arraignment or bond hearing. The Federal District Judge ruled that the plaintiffs had not met the burden of proof and that the Court should not interfere in the duties of the INS.
3. JUSTICE DEPARTMENT DEFENDS ALIEN REGISTRATION
Despite public complaints and scattered protest, the U.S. Department of Justice officials have strongly defended their program requiring tens of thousands of men visiting from mostly Muslim nations to register with immigration authorities. The officials said that immigration have fingerprinted and processed more than 54,000 aliens, and detained 330 of them on a wide range of criminal violations, since last fall. Immigration officials privately acknowledged some surprise that the number of individuals agreeing to the domestic registration has slightly exceeded the estimated numbers. In the list of selected countries, 23,414 men already in the U.S. have stepped forward for registration. Of 1,169 men who were detained at least temporarily, only 164 currently remained in custody.
4. U.S. TO MAKE AIRLINES GIVE DATA ON PASSENGERS
Under the anti-terrorism rule the Immigration & Naturalization Service has proposed that all Americans traveling abroad would have to give a detailed personal information to the government before leaving and upon returning to the country. This rule would force airlines and shipping companies to collect and submit to the government the name, birth, date, sex, passport number, home country, and address of every passenger and crew member. Inspectors with the Customs Service & Immigration will question people more closely as well as scrutinize travel documents. The intent is to provide the authorities with more complete information about who enters and leaves the United States.
Currently, air and shipping lines are not required to provide such information to the government about Americans. The proposed rule would make it mandatory for carriers to supply the information about American citizens and non-citizens. This rule would also require carriers to provide information about people who are leaving the United States, within 48 hours after the departure of their flight or vessel.
The new rule would take effect after a 30-day comment period. It would apply to passengers and crew members on commercial airlines, cargo flights, cruise ships, and other vessels. The information would be electronically checked against watch lists and databases of people suspected of being involved in terrorism or other criminal activity.
These changes are part of a border security bill, passed overwhelmingly by Congress and signed into law by President Bush on May 14, 2001. The law increases the number of immigration inspectors and investigators and heightens the scrutiny of visa applications from countries listed as sponsors of terrorism. The F.B.I. and the Central Intelligence Agency will to increase information sharing with the State Department, which issues visas. The government will meld certain databases of law enforcement and intelligence agencies, to help screen visa applicants and foreigners entering the United States.
5. HOMELAND SECURITY AGENCY HEADED BY RIDGE
On January 24, 2003 the Department of Homeland Security began their mission to defend American soil from the possibility of new terrorist attacks. Tom Ridge, former governor of Pennsylvania, was sworn in as First Secretary of Homeland Security. The agency will have more than 170,000 employees and will oversee the Customs Service, INS, Coast Guard, and the Federal Emergency Management Agency (FEMA). Ridge acknowledged that, "we have a long way to go" in meeting the department's goals, however he has the confidence of President Bush and is fully committed to prevent and prepare for any terrorist threat.
The president has also announced his intention to designate Eduarto Aguierre, Jr., of Texas, to be the acting Director of the Bureau of Citizenship and Immigration at the Department of Homeland Security.
6. RIDGE ANNOUNCES ONE-STOP INSPECTION SYSTEM
The newly created Department of Homeland Security announced that it intended to create a one-stop inspection system for people arriving in the United States, meaning that a single government inspector would handle passport, custom and agricultural checks for each arriving passenger. The Homeland Security Secretary, Tom Ridge, stated that "The focus here is to help legitimate goods and people enter the country swiftly—and keep dangerous people and their weapons out." Mr. Ridge said that the Bush administration would call for a budget of $41.3 billion for homeland security programs for next year, a 10 percent increase over the administration's budget proposal for 2003. The new one-stop structure will be implemented when the agencies move to the Department of Homeland Security.
7. MANDATORY NON-IMMIGRANT INTERVIEWS IN LONDON
As of January 6, 2003, all Non-immigrant Visa applicants in London will have a mandatory interview before their visa applications can be adjudicated. These interviews will be conducted by appointment only. It is likely that US Consulates in other countries will adopt similar security procedures.
8. THE FUTURE OF CONGRESSIONAL BILL I-245
December 16, 2002—White House press secretary Ari Fleischer told reporters that the President hopes Congress will take action and pass I-245. He reiterated that this bill is an important immigration initiative, which would provide new positions and opportunities for immigrants.
The main benefit of I-245i is that it presents an opportunity for out-of-status individuals to adjust their status without having to leave the country. Despite Mr. Fleischer's promising remarks, the possibility of extending the bill remains uncertain in the post-September 11th climate.
9. FEDERAL AUTHORITIES MAKE ARRESTS IN CASE OF ALIEN SMUGGLING RING
January 8, 2003—The FBI made several arrests in connection with an alien-smuggling ring in New York. Authorities allege that over forty foreigners entered New York illegally through Canada. The ring was purportedly supervised by a Pakistani male working with associates in New York. Choudhry Ghulam Muhammad and Mohammad Rana collected anywhere from $15,000 to $30,000 per person, from the aliens or their families. The men were charged with federal alien-smuggling. The Justice Department said that it did not appear that the smuggling ring was terrorist oriented.
10. SOLVING THE PROBLEM BY MAKING ALL "ILLEGAL ALIENS" CITIZENS
Mayor Bloomberg said on January 3, 2003 that he favors a blanket amnesty for all illegal aliens in the United States. Before September 11, there was a movement to push this idea forward. Bloomberg said “… you want them [illegals] to interact with city government." He added, "Make everybody that's here already a citizen—whether it's fair or not. Just solve the problem."
11. DETENTION UPHELD FOR ENEMY COMBATANTS
The United States Court of Appeals for the Fourth Circuit, Richmond, Virginia, handed the Bush administration a major victory. The Court said that a wartime president could definitely detain a United States citizen captured as an enemy combatant on the battlefield and deny that person access to a lawyer. This ruling may have expanded the power of the presidency and provided President Bush with more authority to conduct the war on terrorism. The case revolves around Yasser Esam Hamdi, a 22-year-old American-born Saudi who was captured on the battlefield in Afghanistan. Lawyers for the defendant will appeal the decision; however there is no guarantee the Supreme Court will hear the case.
12. OVER 200,000 IMMIGRANTS ELIGIBLE FOR RESIDENCY
More than 200,000 eligible immigrants are being encouraged to file for permanent residency before the June 4, 2003 deadline. So far only 55,000 people have applied. In order to qualify under the LIFE Act of 2000, immigrants must have entered the US before January 1982 and lived continuously here through May 4, 1988. Immigrants must also be part of one of three class action lawsuits: Catholic Social Services, Inc. (CSS) v. Meese, The League of United Latin American Citizens (LULAC) v. INS, or Zambrano v. INS.
13. REFUGEES TRAPPED IN KENYA
Thousands of refugees that have already been approved by the INS for resettlement wait for months, battling hunger and violence in Kenyan refugee camps. Backlogs in the new security and fraud checks have delayed their arrival to the US The FBI and CIA have to review names of refugees and make all required background checks. Many refugees are becoming disparaged and feel the US has forgotten about them. In the past, processing took about six months. Now it takes more than a year. Last year, only 27,000 of the approved 70,000 refugees made it to America.
14. INS EXTENDS START DATE FOR TRACKING FOREIGN STUDENTS
On February 1, 2003, INS announced that it would extend the deadline by two weeks for schools to use tracking system for foreign students. The system, known as Sevis, requires the school to input data on the identities, addresses, and academic standing of the student. Without the service, schools may not accept new foreign students.
15. ILLEGAL IMMIGRANTS ON THE RISE
According to statistics from the 2000 census, there has been a rapid increase in the number of illegal immigrants. As of January 2000, about seven million immigrants were living illegally in the US
16. NEW CONTROLS ON TRANSFERRING CASH
The government has now imposed strict new controls on companies that handle transferring cash. Anyone who sends money overseas must now be checked against government lists of suspected money launderers and terrorists. In addition, sending and receiving money requires showing identification.
17. UPDATE ON NEW YORK DISTRICT OF INS
· Naturalization—operations are moving smoothly and fewer oath-swearing ceremonies are being cancelled. However, no ceremonies will be rescheduled after March 1, 2003 because of the transition to the Department of Homeland Security.
· Adjustments—there is a two-year delay from time of filing until an interview. Most applications are "pending" at this time because of background/security checks.
· Employment Authorization —EAD cards are not being issued within the 90-day timeframe and applicants are being given appointment notices 120+ days from the time of filing. New York INS is allowing 100 "walk-in" requests and ask that only those who really need an EAD card come forward.
18. INS TO USE BODY-RECOGNITION TECHNOLOGY
According to a New York Times article published on February 11, 2003 government scientists are recommending the adoption of body-recognition technology, known as biometrics, to protect the border crossings. Facial recognition software and fingerprint scanners will be used as government tools to deny entry to foreign nationals with criminal records who appear on government watch lists.
The technology is capable of yielding impressive results. In recent studies, the facial recognition software has had a 90% accuracy rate. The accuracy rate decreases dramatically as the quality of photograph decreases. The accuracy of the new technology is also dependent on the inspectors who administer the software and patrol the borders.
19. INS WORKERS INVESTIGATED IN PASSPORT FRAUD
February 14, 2003. Federal agents are investigating a possible security breach at lower Manhattan's INS office after three Pakistani men were charged with buying Green Cards and passports. Prosecutors allege that a Pakistani man sold the false documents to illegal aliens and then accompanied them to the lower Manhattan INS office, where an INS official applied a stamp in their passports indicating that they were the holder of a Green Card.
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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