Recent Trends in Immigration - March 2003

Introduction: This Newsletter is intended to explain some of the important recent developments in immigration law. 

HEADLINES

1. FEDS BEGIN GRILLING U.S. IRAQIS
2. INS WITHDRAWS PROPOSED B NONIMMIGRANT RULE
3. UPDATE ON SOCIAL SECURITY ADMINISTRATION'S 'NO-MATCH' LETTERS
4. PROBE INTO SOCIAL SECURITY CARDS LEADS TO FIRING
5. SEVIS SYSTEM ERRORS CREATE DIFFICULTY FOR FOREIGN STUDENTS
6. SEATTLE IS FIRST CITY TO PASS IMMIGRANT PRIVACY LAW
7. IMMIGRANTS QUESTIONED BY FBI
8. U.S. CLOSES EMBASSIES AND CONSULATES

1. FEDS BEGIN GRILLING U.S. IRAQIS

The FBI recently began questioning 11,000 Iraqis living in the United States to root out any potential terrorist attacks planned by Baghdad's operatives or sympathizers.

In addition, the FBI is actively investigating "others who have links to terrorism," including potential Al Qaeda members or sympathizers. "We are bringing to bear full weight of our resources, expertise and partnerships," FBI Director Robert Muller said. Several thousand FBI agents are being diverted from regular duties to do the interviews and to man command posts at each of the bureau's 56 field offices.

Also, teams of federal agents began seeking out specific Iraqis unlawfully in the country and apprehending them.

2. INS WITHDRAWS PROPOSED B NONIMMIGRANT RULE

On February 28, the Department of Justice withdrew from further consideration a rule finalizing a controversial regulation that was proposed on April 12, 2002, that would restructure the admission period and extension procedures for B nonimmigrant visa holders. At this time, sources indicate that the rule was withdrawn for the March 1 transition of the INS into the Department of Homeland Security. It is unclear whether or not the new department will reconsider the rule; however, the groups opposed to the changes introduced by this rule will continue to voice their concerns with the new department.

The final rule, which was under review by the Office of Management Budget (OMB) at the time of its withdrawal, would eliminate the minimum admission period of B-2 visitors for pleasure, reduce the maximum admission period of B- I and B-2 visitors from 1 year to 6 months, and establish greater control over a B visitor's ability to extend status or to change status to that of a nonimmigrant student. The rule was the subject of much criticism from the business community and immigration advocacy groups, as its impact on national security would be questionable and its negative affect on immigration, travel and tourism to the United States would be tangible and severe.

3. UPDATE ON THE SOCIAL SECURITY ADMINISTRATION’S 'NO-MATCH' LETTERS

Once again it is time for the Social Security Administration (SSA) to issue "no-match" letters. Each year, the SSA processes W-2 forms and credits social security earnings to workers. If a name or a Social Security Number (SSN) on a W-2 form does not match SSA records, the agency issues a no-match letter to the employer and the employee in an attempt to obtain corrected information. There are significant changes to the no-match letter program for 2003.

This year, the SSA has taken steps to reduce the volume of letters that it will issue. The 2003 no-match letters will be sent only to those employers with more than 10 employees with mismatched information or for whom mismatched employees represented 1/2 of 1 percent of the W2 forms filed with the SSA. This means that only about 130,000 letters will be sent, compared to about 900,000 sent in 2002. The SSA's decision to restructure its method for calculating which employers should receive a no-match letter is based on the fact that the very few employers submitted corrected information to the SSA, and much of the information received still did not match the agency's database information. In addition to reducing the volume of letters, the agency will now send "no-match" letters to each "no-match" employee about two or three weeks before contacting the employer. If the SSA does not have a valid address listed for a particular employee, it will send the letter directly to the employer.

There are also several changes to the text of the "no-match" letter. The most prominent change is that the SSA removed the reference (contained in last year's letter) to a possible IRS penalty. The IRS is authorized by regulation to fine employers $50 for each incorrectly reported SSN. The IRS previously had indicated that it is currently considering fining employers for infractions that take place in 2002 and issuing the fines as early as 2004. However, current reports indicate that the agency is considering delaying penalties for an additional year.

4. PROBE INTO SOCIAL SECURITY CARDS LEADS TO FIRING

A controversial "no-match" program designed to clear up millions of erroneous Social Security numbers has resulted in a wave of firings all over the country, as companies are told their workers have invalid numbers, sparking fear that some of them may be illegal immigrants. The government last year began sending letters to every company in America with at least one employee whose name did not match his or her Social Security number. The plan was intended to clear up misspellings, name changes, and other errors that might cause legitimate employees to drop out of the Social Security database. But the impact has fallen far more heavily on illegal immigrants, many of whom apply for jobs with false numbers. Based on information from dozens of immigrant rights groups, the National Immigration Law Center, a policy and advocacy organization, estimates thousands of workers across the country were fired last year after their names appeared on the government's "no-match" letters.

The government has been sending "no-match" letters to employers since 1994 in an effort to ensure that workers are properly credited for their Social Security contributions. The point of the initiative is to make sure that those who pay into the system are able to draw on social security benefits upon retirement or in the case of disability.

Under the federal law, employers may not ask their workers about their immigration status, but they are not supposed to knowingly employ illegal immigrants and can be fined if caught. In its leuer, the Social Security Administration asks employers to respond within 60 days with the corrected information but does not order them to comply. It does state: "This letter does not imply that you or your employee intentionally provided incorrect information about the employee's name or SSN. It is not a basis, in and of itself, for you to take any adverse action against the employee." Employers are prohibited from taking negative actions based on the letter alone. If they do, the employers could be subject to anti discrimination or labor law sanctions."

5. SEVIS SYSTEM ERRORS CREATE DIFFICULTY FOR FOREIGN STUDENTS

A 2-month old computer system designed to hold personal information about international students studying in the United States is experiencing lapses, university officials say. On January 30th, the U.S. department of Homeland Security unveiled the Student and Exchange Visitor Information System, known as SEVIS, in an effort to bridge federal agencies and universities with populations of foreign students. But last week, when Michigan State University (MSU) tried to print a batch of SEVIS documents, the only pieces of data that appeared was the word "sample," said Peter Briggs, director of the Office for International Students and Scholars. Officials eventually were able to print the information, but remain uncertain about how the glitch took place. Other documents for MSU students have shown up at Arizona State University, he said.

SEVIS errors are causing enormous headaches for foreign students. An Egyptian MSU student was detained for several days in Toronto, and a Belgian psychologist headed to MSU on a postdoctoral fellowship was stripped of his passport by the U.S. Consulate in Brussels when officers could not find his records in the SEVIS database. The researcher was granted his visa Friday after almost a month of waiting.

Under the USA Patriot Act, signed in October 2001, universities have to keep records on certain international students and visiting scholars for years. In 1996, the Illegal Reform and Immigrant Responsibility Act mandated the Immigration and Naturalization Service to create SEVIS. The students have to complete an I-20 form, which is needed to apply for a student visa. The university is unable to enroll international students without the form. The glitches in the system have caused frustration for MSU, which has to file 15-20 forms a day to meet the deadline, but the errors have taken a toll on their progress. "You can't help to have lost confidence in the system," he said. "Today we had a good day. When it goes, it goes fine. But it's a day-to-day thing." The errors are a part of a national problem with the system, Briggs said, adding other schools have experienced similar problems. "We can't do much of anything," he said. "We just have to wait and keep trying."

Vikas Menon, a computer engineering junior from the United Arabs Emirates, said he feels the system sets a negative tone for international students and subjects them to unnecessary questioning. "They're not keeping track of the typical white Americans. Then why keep track of us when this country is made of immigrants?" he said. "It does not make any sense to me." Menon added he's concerned over the possibility of having his documents exposed.

Unfortunately, SEVIS problems appear to have only just begun. University officials said that for every problem addressed, two more arose. At Georgetown University, Katherine S. Bellows, director of the office of international students and scholar services, said that when workers recently tried to print computerized information on exchange students, they came up with forms from the University of Delaware. Georgetown tried again, but came up with the Young Men's Christian Association.

6. SEATTLE IS FIRST CITY TO PASS IMMIGRANT PRIVACY LAW

In the post-Sept.11 world, immigrants have begun to fear the authorities even more than before. Community organizations know that this fear can only lead to greater problems, like immigrants being too afraid to call for emergency services help.

Recently, Seattle became one of the few cities to pass an ordinance that prohibits police officers and city employees from asking any person about their immigration statUS Known as Council Bill Number 114436, it amends the original legislation that was passed in 1986 which states, "city officers and employees are directed to cooperate with, and not hinder, enforcement of federal immigration laws." The idea to draft and pass the ordinance was spearheaded by civil rights organization Hate Free Zone Campaign (HFZ). Formed to protest hate crimes and discrimination against communities of color; especially Arabs, South Asians and East Africans; the organization worked with Seattle Councilman Nick Licata to draft the ordinance. This ordinance brings Seattle in line with nationwide law that has been in effect since 1996. Licata hopes that the ordinance will convince courts to now rule that local police do have the authority to enforce civil immigration violations."

Laws and regulations aside, the real reason for drafting the ordinance was to protect the civil rights of immigrants living in Seattle. "There was fear in the community people were afraid to seek out services due to the possibility of being deported," said Pramila Jayapal, director and founder of Hate Free Zone. Drafting and passing the ordinance was a long process. Since its start in the fall of 2001, the proposal had to go through Seattle's Civil Rights Committee as well as the city council member who supported the ordinance. The passing of the ordinance will hopefully bring the community closer to a resolution in dealing with the changes of immigration policies. "I feel good about the process. If anyone is asked about their immigration status, they have the right to refuse and walk away," stated Jayapal. Even though Seattle is the first city to have such a law banning the inquiry of any person's immigration status, other cities like Los Angeles and San Francisco have similar policies—which hold less legal weight than an ordinance.

In Los Angeles, a policy that closely resembles Seattle's new legislation—Special Order 40- exists. Passed on Nov. 27, 1979, it prohibits the Los Angeles Police Department from arresting someone for being in this country illegally and forbids them from cooperating with the INS. The order states, "No officer of the Los Angeles Police Department shall cooperate with the Immigration and Naturalization Service to inquire into the immigration status of any individual." Because the INS has recently become a part of the Homeland Security department, Special Order 40 has been altered in that only certain departments can detain people on immigrant related issues.

7. IMMIGRANTS QUESTIONED BY FBI

In Detroit, FBI agents are interviewing thousands of Iraqi immigrants, particularly those with military and technical backgrounds to track down any leads they may have about possible sleeper-cell plots connected to war. Dawn Clenney, a special agent at the FBI office in the Detroit area, said agents were planning to interview about 400 Iraqi immigrants in Michigan, mostly in Detroit area. FBI officials emphasized that the interviews are focused exclusively on Iraqi immigrants, as opposed to Iraqi-Americans and these interviews are voluntary.

8. U.S. CLOSES EMBASSIES AND CONSULATES

Recently, U.S. embassies and consulates are closed to the public amid security concerns related to the U.S. military action against Iraq. Embassies and consulates are sending out messages to American citizens advising them to "take prudent steps" to ensure their personal safety in the coming days and in some cases encouraging them to leave the country.

Embassies and consulates in the following cities are closed:

• · Almaty, Khazakstan
• · Amman, Jordan
• · All posts in Australia
• · Bucharest, Romania
• · Buenos Aires, Argentina
• · Cairo, Egypt
• · Caracas, Venezuela
• · Damascus, Syria
• · Istanbul, Turkey
• · Kabul, Afghanistan
• · Lagos, Nigeria
• · Paris, France
• · Nairobi, Kenya
• · Oslo, Norway
• · All posts in Pakistan
• · Riyadh, Saudi Arabia
• · Savanna, Yemen
• · Skopje, Macedonia
• · All posts in South Africa
• · Surabaya, Indonesia
• · Tel Aviv, Israel
• · Jerusalem

Officials said that although public services such as visa processing are suspended, the posts will continue to provide emergency services to American citizens. This list of embassies and consulates closing is likely to grow.

Any questions or problems related to immigration?

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