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LATE JULY – AUGUST 2003 NEWSLETTER
1. TRAVEL INDUSTRY FEARS NEW RULES COULD DETER VISITS TO U.S.
The Travel Industry Association of America recently warned that several new security measures intended to prevent terrorists from entering the United States will deter foreign tourists’ visits. The rules, to go into effect in the coming months, require interviews of nearly all tourists who seek visas, as well as computer-readable passports from Europeans and others who do not need visas to travel to the United States. By January 2004, the government plans to put into effect a rigorous tracking system for foreign visitors which will include fingerprints and photographs. Officials say the changes are necessary to protect against terrorist attacks. But executives at the travel association, which represents the largest airlines, hotels, cruise lines and car rental companies, said the measures could further weaken an industry that has been reeling since the attacks of Sept. 11, 2001. The representatives of the association are calling on the government to delay the regulations, which they say will cause unnecessary delays and confusion for foreign travelers.
2. INTERNATIONAL FLIERS MAY NEED VISAS
According to a July 25th report in the Wall Street Journal, the Bush Administration is considering the idea of requiring international air passengers connecting through US airports to first obtain visas. This represents the most recent of a series of policies designed to tighten controls on foreign travelers to the US in the wake of the 9/11 terror attacks. US airlines fear a large loss of business from foreigners who would prefer to avoid the inconvenience. The governments latest move concerns the “Transit Without Visa Program” which affects over 5 million travelers.
3. LIMITATION ON PLACEMENT OF INTRACOMPANY TRANSFEREES
Recently, U.S. Representative John L. Mica introduced legislation aimed at limiting the number of L-1 visas that multinational corporations can use in order to transfer employees between other countries and the U.S. or outsource them to third parties. Mica said the bill, HR 2154, would close “a loophole in current immigration law and protecting American jobs.” The bill prevents employers from renting employees to third parties once they arrive in the U.S., a practice Mica claims to be a provision for U.S. corporations as a “back door to cheap labor.”
4. NEW VISA PROCEDURES
Due to the heightened security concerns in the period immediately following Sept. 11, the State Department undertook a thorough review of its visa application and issuance procedures. As a result of that review, consular officers have begun to interview a much larger percentage
of nonimmigrant visa applicants than they did prior to September 11, both in response to Department internal guidance and as a result of decisions made at the consular posts. Because of the continuing need to ensure that the visa process is focused on security concerns, the State Department believes it is desirable to codify the changed practice into regulation and provide a regulatory basis for further adjusting the interview exemptions through centralized direction, as appropriate. This rule is intended to reflect the current scope and use of consular and Departmental personal appearance waiver authority. This amended version of the regulation generally permits waivers of the interview by consular officers in significantly fewer kinds of cases than the regulation being amended. The one exception is that the regulation raises the age of children from age 14 to 16. Consular officers will no longer have broad discretion under the regulation to grant Personal Appearance Waiver “PAWs” with respect to applicants for B, C-1, H-1, I, J visas. In certain circumstances, however, officers will have discretion to grant PAWs for applicants of any category of nonimmigrant visa who has previously been issued a visa in the same category for which they are applying. The amended regulation continues consular authority for granting PAWs to diplomats and officials of international organizations. Further, it will allow the Deputy Assistant Secretary for Visa Services to waive the personal appearance requirement in specific situations.
Under the revised regulation, a consular officer may waive the personal appearance of a visa applicant in six specific categories. These are:
- 1.Children age 16 and under
- Persons age 60 years or older
- Most applicants under the visas A, C-2, C-3, NATO (with the exception of attendants, servants and personal employees)
- Aliens applying for diplomatic or official visa as defined in 22 CFR 41.26 41.27, respectively
- Applicants who, within twelve months of the expiration of their visa, are seeking re-issuance of a nonimmigrant visa in the same classification at the consular post of the alien’s usual residence, and for whom the consular officer has no indication of any noncompliance with U.S. immigration laws and regulations Aliens for whom a waiver of personal appearance is warranted in the national interest or because of unusual circumstances, as determined by the consular officer. The US State Department has requested Consular Posts to give priority to students and exchange visitors in the professor, student and research scholar categories. Some posts have already reported waiting times of 4 weeks or more.
5. NCIC—NATIONAL CRIME INFORMATION CENTER
The Department of Justice (DOJ) and the Department of Homeland Security are enlisting state and local law enforcement officers in their efforts to enforce immigration laws. The DOJ has announced that it is entering certain immigration information into the FBI’s National Crime Information Center (NCIC) Database. The NCIC Database is used daily by state and local law enforcement during routine encounters with the public to check for outstanding warrants and other reasons to detain individuals. Specifically, the DOJ has started entering into the NCIC the names of individuals who have outstanding orders of removal but have failed to depart, as well as, individuals who have failed to comply with Special Registration Requirements.
6. IMMIGRATION FIGURES FOR FY 2002
The Bureau of Citizenship and Immigration Services (BCIS) recently announced the number of persons who legally immigrated to the United States in Fiscal Year 2002. This total includes new arrivals to the United States who obtained immigrant visas abroad (greencards) through the Department of State, and persons who were already living in the United States and who became permanent residents by applying for adjustment of status with BCIS (former known as INS).
The number of persons granted lawful permanent residence in the U.S. in FY 2002 was about the same as in FY 2001. Legal immigration in recent years, including FY 2002, has been affected by a backlog in adjustment of status applications pending.
- A total of 1,063,732 persons legally immigrated to the United States. Of that total, 384,427 obtained their immigrant visas abroad from the Department of State and 653,259 were granted adjustment of status i.e. permanent residence, by the BCIS.
- The major categories of immigrants were: immediate relatives of U.S. citizens (486,748), family preferences (187,069), employment preferences (179,968), refugee/asylee adjustments (126,084), and diversity program (42,829).
- Sixty-five percent of legal immigrants settled in the following six states: California (291,216), New York (114,827), Florida (90,189), Texas (88,365), New Jersey (57,721), and Illinois (47,235)
- Five countries accounted for 40 percent of immigrants: Mexico (219,380), India (71,105), The People’s Republic of China (61,282), Philippines (51,308), and Vietnam (33,627)
7. DOS VISA REVALIDATIONS
As of mid-April, the State Department visa revalidation processing is taking in excess 12 weeks. Processing of cases submitted in March 2003 has now been completed. These cases were delayed due to a data entry software problem. The Visa Office adheres to a strict first-received, first processed policy for all visa revalidation applications. The Visa Office is unable to expedite visa re-issuance. Also, they are unable to provide status reports for revalidation applications. Visa revalidation is only available for certain visas such as the E, H, L and O.
8. REPORT ON US PATRIOT ACT ALLEGES CIVIL RIGHTS VIOLATORS
According the New York Times on July 20th, a report by internal investigators at the Justice Department has identified dozens of recent cases in which department employees have been accused of serious civil rights and civil liberties violations involving enforcement of the US Patriot Act. The report said that in the 6 month period that ended on June 15th, the inspector general’s office had received 34 complaints of civil rights and civil liberties violations by department employees, including accusations that Muslim and Arab immigrants in federal detention centers had been beaten. The report said that credible accusations were made against the Bureau of Prisons which oversees federal prisons and detention centers as well as the FBI, the Drug Enforcement Administration and the Immigration and Naturalization Service / BCIS. The first report, made public on June 2nd, found that hundreds of illegal immigrants had been mistreated after they were detained following the 9/11 terror attacks. The inspector general said that from December 16 through June 15, his office received 1,703 complaints suggesting a Patriot Act related abuse of civil rights and civil liberties.
9. HOMELAND SECURITY SEEKS LOCAL HELP
It was reported in July 23rd in the New York Times that a high ranking official in the Homeland Security Department said he supports more involvement by local law enforcement in immigration investigations and arrests. According to Michael Garcia, acting director of the Bureau of Immigration and Customs Enforcement, immigration enforcement should be a dual responsibility. Generally speaking, state and local police do not enforce immigration laws. Attorney General John Ashcroft has supported an expanded role for local governments. However, states and local officials seeking to cooperate are required to sign an agreement with the Justice Department. To date, Florida has such an agreement and Alabama is in the process of finalizing one. Preliminary discussions are under way with Los Angeles County. Many local police departments have expressed hesitation to become involved in enforcing immigration violations.
10. MAYOR’S NEW IMMIGRANT POLICY RAISES FEARS
Although Mayor Bloomberg had issued an executive order in May altering the way New York workers deal with immigrants, he has recently changed the policy. The mayor’s new policy is to have NYC workers report illegal immigrants in order to comply with federal laws. However, the mayor ordered that city workers could inquire about immigration status except when it is relevant to providing a city service or required by law to determine eligibility for a benefit like federally subsidized housing. The mayor stated that the Police Department should continue its longstanding policy of cooperation with federal authorities in investigating and arresting non-citizens suspected of criminal activity.
11. AFFIRMATIVE DISTRICT COURT DECISION REGARDING BOARD OF IMMIGRATION APPEALS
The Justice Department recently announced an affirmative decision challenging reforms to the Board of Immigration Appeals, which is the appellate body of the immigration court system. In the past years the Board of Immigration Appeals had developed a massive backlog of pending cases, reaching a peak of more than 56,000 cases in February 2002. Of these, more than 10,000 cases had been pending for three years or more. The regulations have revised the structure and procedures of the Board of Immigration Appeals. Such regulations include providing for an enhanced case management procedure, and expanding the number of cases referred to a single Board member for disposition. These procedures were intended to reduce delays in the review process, enable the Board to keep up with its caseload, and reduce the existing backlog of cases. In addition, the Board will focus more attention on those cases presenting significant issues for resolution by a three-member panel.
In this case, the plaintiffs—Capital Area Immigrants’ Rights Coalition and the American Immigration Lawyer’s Association contended that the regulations were issued in violation of the Administrative Procedure Act (APA). On May 21, 2003, Judge John D. Bates, of the U.S. District Court for the District of Columbia, concluded that the Department of Justice regulations were not in violation of the law. The Court also rejected the plaintiff's APA challenges to the reduction of the Board’s size and six-month transition period for resolving the backlog cases. The reforms have had significant impact on the efficiency of the Board, thus yielding impressive results. When the Attorney General announced the reforms in February 2002, the number of pending cases was 57,949. Of these cases, 38,483 were more than a year old and 13,707 were more that three years old. Currently, the number of pending case backlog has been reduced by more than 28,000 cases.
12. FEES FROM VISAS NOW TRAIN AMERICANS
Each year, for the last few years, more than 100,000 foreigners have been given special visas to come to the United States to fill specialized jobs. Employers said they can not find enough skilled Americans, despite the national employment rate of 6 percent. A special class of visa, called the H1-B, is used to bring in the US skilled foreign workers. And now, fees collected from the visa are used to train Americans at institutions like the Borough of Manhattan Community College to fill those specialized jobs. Usually the jobs are in high technology fields involving computers and computer software. The number of visas grew steadily until the technology bubble burst in 2001. Now, however, visa issuance is declining sharply.
The employer hiring the foreign worker pays the government $1,000 fee for every H1-B visa application. The money then goes into a national pool, and more than half of the total is distributed to educational institutions and workforce programs around the country. Such investment is intended to train American workers to fill positions for which foreigners have been recruited for. According to the Employment and Training Administration of the U.S. Department of Labor, the government has given out $228.5 million in training grants since the year it has been founded in 1998. New York State has received eight grants, the most recent was one of $2.87 million which went to the Borough of Manhattan Community College in partnership with Thirteen/WNET New York Television.
Five different programs will be offered over two years. They include courses in computer network security, the Cisco Certified Network Associate program, the Cisco Certified Network Professional program, Oracle database design and engineering , and A+, which is a personal computer technician certification program
13. U.S. SECURITY BACKLOG STRANDS ANY REFUGEES IN CAMP ABROAD
According to the State Department, as officials here continue to struggle to reduce the backlog of the required security clearance, more than 20,000 refugees approved for resettlement in the United States remain stranded in desolate camps located in Africa, Asia, and the Middle East. About 14,300 refugees were admitted during the first eight months of the current fiscal year, up from nearly 3,000 during the corresponding months of the fiscal year, which was disrupted by the terrorist attacks of Sept. 11, 2001. But officials say refugee admissions are still far below normal. In recent years, about 42,000 refugees have resettled during the first eight months of the fiscal year, but that seems unlikely. In the fiscal year, about 27,000 of the 70,000 refugees expected to arrive in the United States actually made it—the lowest number in 25 years. Advocacy groups and resettlement agencies say the government is set to miss its target again this year.
State Department officials who oversee the refugee program say they are working hard to move the refugees through the pipeline. A senior State Department official said so far no terrorists have been found among the refugees that were screened and approved by the immigration officials. Officials in government and resettlement agencies blame the delays mostly on the backlogs in the new security checks which require the F.B.I and the C.I.A. to review the names of refugees fleeing countries that are considered breeding grounds for terrorists. The new security clearances were instituted after Sept. 11, 2001. Refugee interviews have also been delayed by civil strife and fraud in resettlement claims in West Africa, along with concerns that terrorists were operating in refugee camps in East Africa. Africa is one of America’s largest source of refugees. State Department officials say they are working with other government agencies to speed up security clearances.
14. COLORADO GOV. SIGNS BILL TO BAN IDENTITY CARDS
A law that took effect Friday, May 23rd prohibits immigrants in Colorado from using identity cards issued by foreign governments as official documents. Instead, they will have to register with federal and state agencies before receiving government services.
15. TWO FACE FEDERAL CHARGES IN MARRIAGE FRAUD
Tin Iv, 72 and Chan Champa, 28, were recently arrested for running an immigration scam by arranging fraudulent marriages in Cambodia. Federal prosecutors said U.S. citizens in California and Connecticut were paid to travel to Cambodia and marry Cambodian nationals, thus allowing the Cambodians to obtain U.S. immigrant visas (Green Cards). The U.S. citizens, including 15 from Connecticut, were allegedly paid cash for taking part in the marriage ceremonies. The men allegedly told the U.S. citizens they would not have to live with their Cambodian spouse once they arrived in the United States, and would only have to stay married for a limited period of time. Iv is named as a defendant in all 11 counts of the indictment and faces a maximum of 55 years in prison and $2.75 million in fines. Champa is charged in one count and faces up to five years in prison and a $250,000 fine.
16. McCAIN PUSHES AMNESTY, GUEST-WORKER PROGRAM
According to the Arizona Republican, Sen. John McCain claimed during a recent news conference in his Tucson office that while national security remains a crucial concern in the light of war on terror, lawmakers should pass a guest-worker program. Such a program includes amnesty for some illegal workers now in the United States. He added, an amnesty program is vital to any immigration legislation that includes a guest-worker program.
17. MORE THAN 13,000 MAY FACE DEPORTATION
Government official say that more than 13,000 of the Arab and Muslim men who came forward earlier this year to register with immigration authorities—roughly 16 percent of the total—may now face deportation. Many people had hoped for leniency by demonstrating their willingness to cooperate with the campaign against terror. However, the men were not promised special treatment. Officials believe that most of these men will be expelled. This will likely be the largest wave of deportations after the Sept. 11 attacks. Quietly, the fabric of neighborhoods is thinning. Families are packing up and some are splitting up. Rather than come forward and risk deportation, an unknown number of immigrants have burrowed deeper underground. Others have simply left—for Canada or for their homeland.
18. DUAL CITIZENSHIP TO BE SIGNED
Speaker Jose de Venecia said Philippine President Gloria Macapagal-Arroyo will sign into law the proposed Dual Citizenship Act within 24-hours upon receipt of the Congress ratified measure. The signing rites may come in early August after the traditional State of the Nation Address (SONA) by the President before a Joint Session of Congress. Before adjournment, the House of Representatives overwhelmingly approved the proposed Dual Citizenship law which allows millions of qualified Filipino expatriates to retain their Filipino citizenship. De Venecia further noted that 30 percent of the 7-million overseas Filipinos live in the US and Canada, “yet they contribute to 70 percent of the total US$8-billion annual dollar remittances of Filipinos in foreign lands.”
19. FORMER FOREIGN SERVICE OFFICER SENTENCED IN VISA CASE FRAUD
Alexander J. Meerovich, a former US Department of State Foreign Service officer, admitted to issuing at least 85 visas illegally while serving as a consular officer at the U.S. Embassy in Prague from August 1999 to July 2002. He pled guilty to one count of visa fraud on February 6, 2003. He was sentenced recently to 24 months in prison and was fined $5,000 in the U.S. Federal District Court Washington, DC. His sentence will be followed by release for two years under supervision. The investigation of Mr. Meerovich’s illegal activities was conducted by the Department of State’s Diplomatic Security Service which received valuable assistance and support from the Bureau of Consular Affairs, the U.S. Embassy in Prague, the Department of Justice and Czech Police.
20. TREATMENT OF DETAINED IMMIGRANTS IS UNDER INVESTIGATION
Recently, the Justice Department’s Inspector General said that his office was investigating possible abuses by federal prison guards in Brooklyn against illegal immigrants detained after the Sept. 11 attacks. However, the head of the federal prison system vigorously defended his agency’s handling of the inmates. The inspector general, Glenn A. Fine, briefed lawmakers on a highly critical report delivered by his office on the treatment of Sept. 11 detainees. Investigators had “serious concerns” about a pattern of verbal and physical abuse faced by 84 illegal immigrants at the Metropolitan Detention Center in Brooklyn. Justice Department officials have declined to bring criminal charges against any corrections officers in Brooklyn. Nevertheless, Mr. Fine said his office was conducting an internal administrative review of certain officers, who he said is numbered fewer than 10, and might recommend disciplinary action.
21. HALT TO WALL NOT SEEN AS VICTORY
The U.S. Border Patrol has retreated from a plan to build a wall that would block off three-quarters of Arizona’s border, but an immigration rights activist is not celebrating. Isabel Garcia, a Tucson immigration attorney and human rights activist, is part of a coalition of human rights and environmental activists who waged a vocal campaign to stop the wall’s construction. She spoke during a news conference organized by the human rights organization Derechos Humanos to commemorate the ratification of the U.N. Migrant Rights Convention. Signed by 22 countries, including Mexico and Guatemala, the convention recently went into effect and aims to protect the rights of immigrants and their families. The United States is not a signatory. Garcia lauded the international community’s support of immigrant rights but criticized the United States for moving in the opposite direction. Garcia said that instead of expanding rights, the United State has opted to deal with immigration as a law enforcement issue. Garcia said, the crackdown on the border since the mid-’90s, has done nothing to deter people from crossing the border illegally, but has led more people to die trying.
22. 18 FIRMS IN 10 STATES SUSPECTED OF ILLEGALLY EXPORTING MILITARY COMPONENTS
The Bureau of Immigration and Customs Enforcement (ICE) recently announced that agents from ICE and the Defense Criminal Investigative Service (DCIS) executed search warrants on 18 U.S. companies as part of an ongoing probe into the illegal export of U.S. military components to a front company in London that procures arms for the Iranian military. Michael J. Garcia, Acting Assistant Secretary of the Bureau of Immigration and Customs Enforcement said, “Keeping sensitive U.S. military technology from falling into the wrong hands is one of the most important missions of ICE and the Department of Homeland Security. This case is a prime example of cooperation between ICE and BCIS in our efforts to protect the American homeland and U.S. troops deployed around the world.”
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