AILA
WASHINGTON
UPDATE
Volume
6, Number 5, April 22, 2002
In this Issue: Senate Passes
Border Security Bill—AILA Testifies On Bill; House
Government Reform Committee Weighs In on Border Security; Section
245(i) And The Border Security Bill; INS
Reorganization Set For House Floor Vote; House
Judiciary Committee Approves INS Reorganization Proposal: Floor Vote
Expected Shortly; INS Announces
Restructuring Changes; AILA Testifies on
U.S./Mexico Relations—Hoffman Plastic Highlighted During Hearing;
Driver’s License Hearing In Senate; Recently
Introduced Legislation; Media Spotlight: Due
Process Prevails, The Administration Responds; Members
And Staff In The News; Did You Know?
Senate
Passes Border Security Bill; AILA Testifies on Bill
The
Senate on April 19 passed the bipartisan Border Security and Visa
Reform bill (H.R. 3525) by a 97–0
vote. This measure
tightens visa screening, border inspections, and tracking of
foreigners. The House, which has strongly supported this measure (and
has twice passed it), is expected to shortly take it up for a vote.
The bill ensures that our immigration policies are in line with our
goal of preventing terrorism. The
bill includes needed reforms that deter terrorism by developing layers
of protection both outside and within the United States.
The
American Immigration Lawyers Association (AILA) commends Senators
Kennedy (D-MA), Brownback (R-KS), Kyl (R-AZ), and Feinstein (D-CA) for
their leadership on this important measure. Among other provisions,
the bill will:
- Help
provide people on the front line with the training, staff and
funding they need to do the job.
The bill authorizes increased staffing and funding at
the Immigration and Naturalization Service (INS) and the State
Department. It also
provides necessary training for personnel at both agencies.
- Get
timely, accurate information to the people who decide who can
enter our country. The bill mandates the sharing of
intelligence and law enforcement data with the INS and State
Department on a real-time basis so the agencies can identify
high-risk individuals who seek to enter our country.
- Enhance
our security by working with Canada and Mexico to create a North
American Security Perimeter.
A North American Security Perimeter would bolster security
through law enforcement coordination and intelligence sharing,
reducing the chance that someone wishing to do us harm would
travel to a neighboring country and then cross by land into the
U.S.
Before
this vote, the Senate bill sponsors agreed to changes that would take
into account the concerns expressed by Senator Robert Byrd (D-WV) who
had held up its passage for months.
His amendments would: further
tighten the system for monitoring student visas: require visa waiver
countries to report to U.S. government officials about any thefts of
blank passports, with failure to do so resulting in termination from
the program; increase from $300 to $1,000 the fine imposed against
planes and passenger ships that fail to submit as required passenger
manifest arrival lists; and extend to October 26, 2004 the deadline to
install readers and scanners at ports of entry, the issuance of visas
and travel document with biometric identifiers, and the requirement
that visa waiver countries develop passports with biometric
identifiers.
While the
measure includes many long overdue changes, it also poses challenges
to our country, the Congress, federal agencies, and the American
people. Given the
bill’s ambitious deadlines, it is critical that the Administration
and Congress provide the federal agencies with the staffing and
funding levels they need to implement these new security measures.
Prior
to the floor vote, the Senate Immigration Committee held a hearing on
border security and to provide Senator Robert Byrd (D-WV) a chance to
voice his concerns with the legislation, citing the need for
"public scrutiny" and Congressional debate over the
proposals before they could be brought to the floor.
AILA member Kathleen Campbell Walker also testified before the
subcommittee in support of the border security bill. (Her testimony
can be found on AILA InfoNet, Doc. No. 02041234,
and on AILA’s public information site at www.aila.org,
under the section entitled “Congressional Testimony”)
Ms. Campbell Walker,
an AILA member from El Paso Texas, drew on her extensive experience on
border issues generally, and the southern border specifically, to
articulate AILA’s support for the bill.
In her testimony, Ms. Campbell Walker pointed out that the
legislation takes a significant step in ensuring that our
nation’s immigration policies are in line with our common goal of
effectively deterring terrorism. The measure includes many needed
reforms that will deter terrorism by developing layers of protection
both outside of and within the U.S.
While enhancing our security, the measure also will maintain
our tradition as a nation of immigrants and help to continue the free
flow of people and commerce.
In
a direct and lively statement before the subcommittee, Senator Byrd
made it clear that his objections to proceeding on the bill were
driven in large part by what he saw as partisan maneuvering last year
on appropriations for national security.
During his testimony, Senator Byrd, Chairman of the Senate
appropriations committee, accused Republicans of playing partisan
games on legislation to provide funding in the immediate aftermath of
the September 11 attacks. Senators
Brownback and Kyl attempted to convince Byrd that they all share the
same goals and should work together, and Senator Kyl personally
committed to support proper funding for the provisions in the Border
Security bill. Although
Senator Byrd continued to express concerns for the legislation, he was
pleased that his request for a hearing on the bill had been met and
that he would no longer object to the bill moving to the floor of the
Senate. In fact, debate
on the bill began immediately after the hearing.
With
Senate passage of the bill, and House passage anticipated, next steps
must include reforming our immigration systems through our bilateral
discussions with Mexico. By encouraging and facilitating legal
immigration, both countries will be able to focus their resources on
those who would do us harm, rather than those who come to fill
legitimate labor needs and to reunite with their families. (Please see
article below on U.S./Mexico discussions.)
House
Government Reform Committee Weights in on Border Security
In other legislative news
relating to border security, the House Committee on Government
Reform’s Subcommittee on Criminal Justice, Drug Policy, and Human
Resources held an April 10 hearing to investigate various proposals to
enhance border security and law enforcement.
In his opening statement, Subcommittee Chairman Mark Souder
(R-IN) noted that the subcommittee has been conducting a comprehensive
study of the nation’s borders since last summer, considering ways to
improve both security and the efficient flow of international
commerce, travel and tourism. Of
the various significant changes suggested by policymakers who have
examined the issue of border security, four proposals comprised the
focus of this hearing, including: (1) the ramifications of moving our
emphasis away from cargo inspections at the border towards inspections
at the point of origin; (2) the issue of expediting the movement of
travelers; (3) the modernization of the INS’s and Customs
Service’s databases and automated systems; and (4) the proposals to
consolidate the various agencies responsible for border management.
Witnesses at the April 10 hearing
included Bonni Tischler, Assistant Commissioner of the Office of Field
Operations, U.S. Customs Service; Larry C. Johnson, CEO and Founder of
BERG Associates LLC, and a former counter-terrorism expert at the CIA
and the Department of State; Colleen M. Kelley, National President of
the National Treasury Employees Union, which represents Customs
workers; T.J. Bonner, President of the National Border Patrol Council
of the American Federation of Government Employees, which represents
INS employees; Christopher Koch, President of the World Shipping
Council; John Simpson, President of the American Association of
Exporters and Importers; and Steve Russell, Chairman and CEO of
Celadon Trucking Services, representing the American Trucking
Associations.
Section
245(i) and the Border Security Bill
The House in March passed a
border security measure, H.R. 1885, that includes a very limited
extension of INA Section 245(i).
The Senate-passed measure (reviewed above) did not include the
restrictive Section 245(i) extension.
The Section 245(i) restoration that passed the House in March
purports to extend the filing deadline to November 30, 2002, but
contains restrictive language that would limit eligibility for the
extension to family-based applicants whose relationship existed prior
to August 15, 2001, and to employment-based applicants who had filed a
labor certification prior to August 15, 2001.
However, these confusing deadlines are unnecessary because the
law already requires applicants to prove they were physically present
in the U.S. on December 21, 2001 and would thus only be available to
those who were in the United States before this extension was passed.
During the Senate debate on the Border Security bill, several
Senators expressed their support for an extension of Section 245(i),
and indicated that they would support its passage in separate
legislation. AILA
strongly supports an extension that does not include these confusing
dates that severely limit eligibility.
Prior to the vote in the Senate
and House on the border security bill, anti-immigrant groups launched
a campaign of misinformation about Section 245(i), alleging that it
would amount to granting an “amnesty” to undocumented immigrants.
In fact Section 245(i), allows eligible individuals (based on
their family or employment relationship) to adjust their status in
this country. Importantly,
this provision would give the U.S. government a chance to thoroughly
review the backgrounds of these people and decide whether they should
continue to live here. This
screening process is rigorous, involving a lengthy application,
criminal background checks, in-person interviews, and other hurdles.
But without Section 245(i) many would elect not to begin the
process and make themselves known to the authorities.
AILA strongly supports an
extension of Section 245(i) that would give eligible individuals the
time and opportunity to apply to adjust their status.
House
Judiciary Committee Approves INS Reorganization Proposal:
Floor Vote Expected Shortly
On
April 10, the House Judiciary Committee voted 32–2 to pass H.R.
3231, a measure that would reorganize the INS.
The full House is expected to vote on this bill the week of
April 22.
The
Committee-approved bill amends a bill originally introduced by
Representatives James Sensenbrenner, Jr. (R-WI), Chair of the House
Judiciary Committee, and George Gekas (R-PA), chair of the House
Immigration Subcommittee. Renamed
the “Barbara Jordan Immigration Reform and Accountability Act,”
the bill represents a compromise reached between Representatives
Sensenbrenner, George Gekas (R-PA), Chair of the Immigration
Subcommittee, with Representatives John Conyers (D-MI), the senior
Democrat on the Judiciary Committee, and Sheila Jackson Lee (D-TX),
the senior Democrat on the Immigration Subcommittee.
While the bill is a step forward, AILA still has serious
concerns because the bill’s provisions do not include a leader in
charge with clout and coordination of the separated adjudications and
enforcement functions.
The
bill would abolish the INS and replace it with an Associate Attorney
General for Immigration Affairs, who would preside over two bureaus,
one for Citizenship and Immigration Services and the other for
Immigration Enforcement.
The
vote on this bill followed on the heels of a hearing that had been
held the day before to hear from various experts, including INS
Commissioner James Ziglar, on the need for INS reform.
There has long been a consensus that the service and
enforcement functions of the INS should be separated, and that the
current structure of the INS needs reform.
However, AILA and other immigration advocates have consistently
argued that it is not enough to simply divide the agency into two
parts. Another key
component to an effective reorganization of the INS is a strong
leadership position that would be responsible and accountable for the
coordination of immigration policy, legal opinions, and the flow of
information throughout the agency.
The House bill does not achieve these important goals. Although
the amendments to H.R. 3231 elevate the immigration executive by
moving the General Counsel within the Associate Attorney General's
office, there are still core offices that exist only in the service
and enforcement bureaus, leading to duplicity within the overall
agency and the lack of a single focus for these functions.
For example, each bureau is to have an Office of Policy and
Strategy; each bureau is to have a Chief Budget Officer; and each
bureau is to have an Office of Congressional, Intergovernmental, and
Public Affairs.
During
the markup of H.R. 3525, some amendments were made to the bill.
An amendment offered by Representative Howard Berman (D-CA)
authorized appropriations for asylum and refugee adjudications to be
funded separately. Currently,
no fee is charged for adjudicating asylum and refugee applications,
but these functions are funded out of fees collected for other
immigration benefits applications, effectively a tax on immigrants
applying for naturalization, permanent residence, or other statuses.
This amendment is a positive development, as the Examinations
Fee Account has been plagued over the years with congressional
mandates over and above recovering the cost of applications
adjudications. Representative Sheila Jackson Lee (D-TX) offered two
amendments that were accepted, one having to do with consistent
interpretation of the policies of the central office, and one
requiring a study of how INS might meet emerging needs.
Several amendments are
anticipated during the upcoming floor debate on the bill.
One amendment, proposed by Representative Jim Kolbe (R-AZ),
would dismantle the INS and transfer its functions elsewhere (see
“Recently Introduced Legislation” below for details).
AILA opposes this amendment because it would lead to several
problems with both adjudications and enforcement and does not conform
to AILA’s criteria for effective reform.
INS
Announces Restructuring Changes
On Wednesday, April 17, INS
announced that the agency was implementing major restructuring
changes. These changes
reflect several of the recommendations included in the restructuring
plan the Administration unveiled in November 2001.
The changes, effective immediately, include creating a direct
chain of command for the Border Patrol, consolidating detentions
functions under Headquarters control, establishing an Office of
Juvenile Affairs, filling the two new positions of Chief Financial
Officer and Chief Information Officer, and establishing a Field
Advisory Board to act as liaison between the Headquarters Office of
Restructuring and the field.
At the press conference held to
announce the changes, Attorney General Ashcroft noted that the
Administration supports separating the functions of enforcement and
services but keeping them under a single agency head.
The Attorney General said that the initiatives the agency is
undertaking are intended to make it “a stronger deterrent to our
enemies, and a better servant to our friends.”
INS Commissioner Ziglar fleshed
out some of the details of the announced changes. Consolidating the
detentions functions involves transferring the control of the Service
Processing Centers from District and Regional Directors to
Headquarters. The El Paso
District will serve as the first site to use the new reporting
structure, beginning later this month.
The transfer is the first step in a plan to shift control of
all District detention functions to the Headquarters Detention and
Removal Program. INS tapped Steve Farquharson, the District Director
in Boston, to serve as interim head of the Office of Juvenile Affairs.
The office will oversee national programs that address the
needs of unaccompanied minors in INS custody. Finally a Field Advisory
Board was established to guide the agency’s restructuring effort.
Eleven senior field and regional managers serve on the board.
AILA
Testifies on U.S./Mexico Relations; Hoffman
Plastic Highlighted
During Hearing
AILA
President Steven M. Ladik testified on April 16 before the Senate
Foreign Relations Committee’s Subcommittee on Western Hemisphere,
Peace Corps, and Narcotics Affairs on the subject of “U.S.-Mexico
Relations: Unfinished Agenda.”
The hearing focused on the U.S./Mexican bilateral agenda,
including immigration policy, border security, trade and investment.
According to Subcommittee Chairman Christopher J. Dodd (D-CT),
the hearing was the first in a series of Subcommittee hearings
intended to look at the challenges confronting countries throughout
the Western Hemisphere in the 21st Century, assess whether United
States policymakers are sufficiently engaged in regional issues post
September 11, and determine whether U.S. policies are responsive to
those challenges.
While
any one of various urgent topics could have been the focus of this
first hearing on the state of the Hemisphere, said Chairman Dodd,
“it seemed…that it was most appropriate to begin our review by
focusing on the most important and promising of our hemispheric
relationships—our relations with Mexico and the Fox
Administration.” The
U.S./Mexico bilateral relationship, he continued, “is an important
cornerstone in fashioning a successful partnership with countries
throughout the Americas—it is so important that we work at that
relationship—until we get it right.”
The first witness to testify was
Representative Silvestre Reyes (D-TX), Chairman
of the Hispanic Caucus and a former U.S. Border Patrol Regional Chief
in the El Paso, Texas Sector. Next,
several witnesses from the Bush Administration, including Alan P.
Larson, State Department Undersecretary for Economic, Business, and
Agricultural Affairs; John Taylor, Undersecretary for International
Affairs at the Department of the Treasury; and James W. Ziglar,
Commissioner, Immigration and Naturalization Service, testified on the
bilateral agenda since the recent Monterrey Summit and legislative
priorities in furtherance of U.S. policy.
Finally, additional witnesses from the public sector focused on
the importance of the U.S./Mexico relationship and why making progress
on the bilateral agenda is in the economic and security interests of
the United States. These
included Barbara Shailor, Director of the AFL-CIO’s International
Affairs Department; Gregori Lebedev, Chief Operating Officer and
Executive Vice President for International Policy for the U.S. Chamber
of Commerce; M. Delal Baer, Senior Fellow and Director of the Mexico
Project and Deputy Director of the Americas Program Center for
Strategic and International Studies; and AILA’s President Ladik.
In
his testimony, Mr. Ladik stressed that any reforms agreed upon by the
two countries must be comprehensive in nature, aligning
our immigration policies with our national security needs while
recognizing market forces and family reunification goals.
“It is only through such comprehensive reform,” he
continued, “that we can change our immigration policies in ways that
enhance our security and make legality the norm.”
The outline of such comprehensive reform would include:
-
A “smart border
agreement” that would enhance the security of both nations and
include joint enforcement efforts to reduce illegal immigration.
-
An increase in the number of
temporary and permanent visas for workers and their families
coming to the U.S. so that our legal immigration system, by more
closely tracking economic needs and family dynamics, will be more
easily and effectively enforced.
-
Earned legal status for hardworking
immigrants already here so that these valued workers are properly
documented, can participate fully in their communities, and are
eventually made eligible for permanent residence and U.S.
citizenship.
Past efforts at reform were
partially successful at best, said Mr. Ladik, because they were not
comprehensive. For
example, the 1986 amnesty, while addressing one issue—legalizing the
status of people already here—failed to address systemic problems
such as the backlogs in family-based immigrant visas, and the absence
of temporary and permanent business-based visa programs.
Commissioner Ziglar discussed
President Bush’s March 22 meeting with Mexican President Fox, and
the agreement the two reached toward the creation of a “smart
border” that would “embrace technology and enhanced bilateral
cooperation to ensure humane, efficient, and modernized management of
the border that joins or peoples and our economies.”
As described by Mr. Ziglar, the action plan that the two
nations agreed upon advances three major goals: (1) creation of
infrastructure that keeps pace with travel and commerce; (2) the
secure flow of people; and (3) the secure flow of goods.
The border that we share with Mexico is “more than a line
drawn on a map,” he said. “It
is a way of life for our populations residing in border
communities…[and] a gateway to expanded markets, tourism, and
educational opportunities.”
During
the question and answer sessions following each of the three panels of
witnesses, Senator Dodd made several inquiries related to the March 27
Supreme Court decision in the case of Hoffman Plastic Compounds,
Inc. v. NLRB, No. 00–1595, 2002 WL 459438 (Mar. 27, 2002),
wherein the Court, by a vote of 5–4, held that the National Labor
Relations Board (NLRB) is precluded from awarding back pay to
undocumented alien who had never been legally authorized to work in
United States. Noting
that the dissent in Hoffman argued that the denial of the back
pay award will actually encourage illegal immigration (by increasing
an employer’s incentive to hire undocumented workers), Senator Dodd
asked Commissioner Ziglar what, if anything, the Administration
intends to do in light of such potential ramifications.
“I…think,” said Mr. Ziglar…“without having read the
opinion, that it probably makes a pretty good argument for our dealing
with the situation of undocumented aliens in this country.
Maybe you don’t deal with it legislatively and back into it.
Maybe you deal with it from the top down instead of the bottom
up.”
For
more on Hoffman, see Washington Update, Vol. 6, No. 4, at p. 8
(Apr. 5, 2002). To read
Mr. Ladik’s full testimony, see AILA InfoNet Doc. No. 28ts2003, or
go to AILA’s public information site at www.aila.org,
under the section entitled “Congressional Testimony”.
Senate
Subcommittee Considers Rules for Driver’s
Licenses
The Senate Subcommittee on
Oversight of Government Management, Restructuring, and the District of
Columbia, chaired by Senator Richard Durbin (D-IL), held a hearing on
April 16 on setting national standards for state-issued driver’s
licenses. Groups who
oppose a national ID card system are leading the opposition to such
national standards because such national standards on driver’s
licenses would pave the way for the creation of a national ID card,
even though Senator Durbin has indicated that this was not his
intention. The Senator is
in the process of drafting legislation that would leave the authority
over driver’s licenses to the states.
“This is about state-issued driver’s licenses, not a
national ID,” stated the Senator.
Witnesses at the hearing included
Richard J. Varn, Chief Information Officer from Iowa, testifying on
behalf of the National Governors Association; Betty L. Serian, from
the American Association of Motor Vehicles Administrators; and Barry
Goleman, Vice President of AMS State and Local Solutions.
Immigrants’ rights advocates were not included in the witness panel.
Ms. Serian presented the results
of a survey conducted by the polling firm Public Opinion Strategies
among 800 license holders. The survey revealed that only 88 percent of
those surveyed favor changes in the license issuance policies. They
also supported the sharing of driver’s identities and driving
records among states. “We
have a system that is broken, and a product that is not very
reliable,” Serian said.
In his testimony, Richard Varn
noted that the National Governors Association does not have an
official position on the issue although it believes the system is
broken. “Our driver identity systems, cards, and issuance processes
are not adequately coordinated to ensure transportation safety or the
security of the myriad of their other uses on which we have come to
depend,” said Varn.
RECENTLY INTRODUCED LEGISLATION
The
introduction of new legislation slowed these past few weeks as
lawmakers recessed for the Easter holidays.
The following is a brief description, in chronological order,
of recently introduced bills:
Rep. Zoe Lofgren (D–CA) introduced a
bill on March 20 (H.R. 4058) that would amend § 642(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)
to require the INS to verify whether an alien has an immigration
status rendering him or her eligible for service in the U.S. armed
forces. Under the bill,
an alien who is verified as eligible for such service would not be
considered ineligible to be hired by the U.S. for a position as an
airport security screener as a result of his or her immigration
status. The legislation
would also amend INA § 329 to expand the specified military
operations, the active duty participation in which render an alien
eligible for naturalization, to include “Operation Joint Endeavor”
in Bosnia, “Operation Allied Force” in Kosovo, and Operation
Enduring Freedom” in Southwest Asia.
Rep. Jim Kolbe (R–AZ), on April 9, 2002, introduced legislation that
would dismantle the INS and transfer its functions elsewhere.
Specifically, the “Immigration and Naturalization Service
Reorganization Act of 2002” (H.R. 4108) would abolish the INS and
consolidate border patrol, inspections, investigations, and removal
and related enforcement functions within a Bureau of Immigration
Enforcement, the Director of which would report to the Attorney
General. In addition, the
legislation would transfer immigration benefits related functions such
as admissions, refugees, asylum affairs and citizenship to the
Department of State. The
legislation currently has four cosponsors, all of whom are Republican.
AILA opposes this legislation.
Several newly introduced public benefits-related pieces of legislation
also have immigration components.
These include: the “Access to Affordable Health Care Act”
(S. 2042), Subtitle D of which would give states the option of
providing coverage to legal immigrants under the Medicaid program and
the State Children’s Health Insurance (SCHIP) program; S. 2052, the
“Personal Responsibility and Work Opportunity Reconciliation Act
Amendments of 2002,” which would provide states a similar option to
that contained in S. 2042; the “Welfare Reform and Housing Act”
(S. 2116), Section 6 of which would conform immigrant eligibility for
housing assistance with the rules applicable to other federal
needs-based assistance; and H.R. 4090, the “Personal Responsibility,
Work, and Family Promotion Act of 2002,” Section 307 of which
contains language that would render inadmissible aliens whose required
child support payments are in arrears exceeding $2,500 and would
authorize the service of process in child support cases on certain
arriving aliens.
We will report further on these bills
as they move through the legislative process.
MEDIA SPOTLIGHT
Due Process Prevails; The Administration Responds
The media has featured
stories about immigration and civil rights lawyers who have triumphed
recently with due process suits.
The suits challenge the secrecy surrounding the detention of
people on minor immigration violations after September 11.
In late March, a New Jersey state
court judge ruled that two county jails could not keep secret the
names of detainees held on immigration charges.
Superior Court Judge Arthur D’Italia said that the public has
a right to county jail records and no matter how awful the events of
September 11, nor how pressing the government’s investigation of the
attacks, the federal government is still required to obey the law,
reported The Recorder. D’Italia
cited a D.C. circuit court ruling that says secret arrests are “a
concept odious to a democratic society,” noted a National Law
Journal article.
Though the ruling was immediately
appealed and stayed, the news media widely cited it as a victory for
civil rights and immigration advocates.
The National Law Journal called the ruling a “strongly
worded victor[y] for the [ACLU] and other advocates who have filed
[suit] to get information about who was arrested.”
A week later, a Detroit federal
judge ruled that the closed hearings for a man detained after the
September 11 attacks were unconstitutional. U.S.
District Judge Nancy Edmunds said that the government wrongly barred
the public from hearings for the founder of an Islamic charity
detained after Sept. 11 for overstaying his visa, according to an
article by The Associated Press.
These suits follow an initial
effort by a coalition of organizations, including AILA, to determine
the names, charges, and locations for all the detainees.
The coalition brought a suit against the federal government
under the Freedom of Information Act last December.
The plaintiffs received a list of people in January, but the
names were blacked out and no information was provided as to where the
people listed were being held. The
list did give the charges, date of arrest, and nationalities of the
detainees. (National Law Journal)
Recent events suggest that such
efforts will continue. Just
last week, a civil rights group filed a class-action lawsuit charging
the government with “biased and unconstitutional” treatment of the
detainees, reported The New York Times, The Washington Post,
and others.
The Administration responded by issuing a rule on April 22,
2002, barring the public release of information on INS detainees by
non-federal providers of detention services and clarifying that all
such requests for information be directed to the INS (to view the
rule, go to http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-9863-filed).
A Department of Justice press
release preceding the rule’s release stated that the need for
such a rule was “highlighted by a New
Jersey court order requiring county officials to release information
regarding federal detainees pursuant to state law.”
The press release further stated, “As recent events have made
clear, information regarding certain federal detainees is extremely
sensitive; disclosure of that information could provide terrorist
organizations important information that could threaten the national
security and the lives of American citizens.
Disclosure of the identities or related personal information
about certain detainees could reveal intelligence and investigative
methods, sources, and witnesses as well as the direction, progress,
and scope of an investigation, and thereby assist terrorist
organizations in counteracting investigative efforts by the United
States government. Further, the detainee could be subjected to
intimidation or harm, thereby discouraging him or her from supplying
valuable information or investigative leads in the future.”
The rule took effect retroactive
to April 17 and covers all pending and future requests for detainee
information, and all INS detainees being housed temporarily at
facilities on behalf of the Service.
Members
and Staff in the News
Amanda
Petersen (Texas)
wrote an article published April 16 in the Health Forum Journal
on the need for foreign health care workers. Lynn Neugebauer (New
York) and Jaqueline Baronian (New York) were quoted April 14 in
Newsday’s immigration Q&A.
The (Bergen County) Record quoted Sohail Mohammed (New
Jersey) in an April 13 article on a state judge’s ruling that
information on immigration detainees in New Jersey must be released
within 10 days.
Kathleen
Walker (Texas)
was quoted April 12 in a National Journal’s Technology Daily
article regarding border security.
On April 11, Gannett News Service quoted Jeanne
Butterfield (National) in a story about the tracking of
noncitizens. The
New York Times quoted Judy Golub (National) in an April 10
article on INS reorganization.
Jeanne
Butterfield
(National) appeared April 9 on BET News to discuss new INS
restrictions on student and tourist visas.
The Washington Times quoted Judy Golub (National)
and Greg Siskind (Mid-South) in an April 9 article about
Section 245(i). Tammy
Fox-Isicoff (Southern Florida) and Ira Kurzban (South
Florida) were quoted April 8 in a Miami Herald article on the
INS’s plan to limit foreign tourist visas to 30 days.
Reuters
quoted Theodore Ruthizer (New York) on April 7 on the negative
impact on businesses and families of stricter visa policies.
The Miami Herald quoted Elliott Lichtman
(Washington D.C.) in an April 6 article about the citizenship status
of Yasser Esam Hamdi. David
Leopold (Ohio) was quoted April 5 in a Boston Globe article
regarding the limited resources of the INS.
The
(Bergen County) Record
quoted Ben Johnson (National) in an April 5 article about the
functions of the INS. The New York Times quoted Roxana Bacon
(Arizona) in an April 4 story on the administration’s proposal to
enlist local police in the enforcement of federal immigration laws.
Judy
Golub
(National), Cheryl Little (Southern Florida) and Antonio
Garcia-Crews (Central Florida) were quoted April 4 in an Orlando
Sentinel article on the administration’s move to have local
police enforce immigration law. On April 4, Cox News Service
quoted Robert Degen (Philadelphia) in a story on Yasser Esam
Hamdi, the detainee who claimed U.S. citizenship.
Muzaffar
Chishti (New
York) appeared on The NewsHour with Jim Lehrer on April
3 to discuss the impact of Justice Department’s “absconder”
program. Stanley Cohen
(New York) appeared April 3 on CNN’s “The Point” to talk
about airport sweeps focusing on undocumented immigrants.
On
April 1, Laura Lichter (Colorado) was quoted by the Denver
Post on the impact of the Supreme Court ruling denying back pay to
wrongfully fired undocumented immigrants. The April edition of Washingtonian
featured Michael Maggio (Washington D.C.) as one of
Washington’s best lawyers.
Hans
Christian Linnartz
(Carolinas) wrote a guest column, published on March 29 in The
(Durham, N.C.) Herald Sun, lampooning the INS for
bureaucratic bungling.
Did
You Know?
Senator
Christopher J. Dodd (D-CT), Chairman of the Senate Foreign Relations
Committee’s Subcommittee on Western Hemisphere, Peace Corps, and
Narcotics Affairs, at an April 16 hearing on the subject of
“U.S.-Mexico Relations: Unfinished Agenda,” called the United
States’ relations with Mexico and the Fox Administration “the most
important and promising of our hemispheric relations….[and] an
important cornerstone in fashioning a successful partnership with
countries throughout the Americas.”
“It is so important that we work at that relationship—until
we get it right,” he stated.
CONTRIBUTORS
Judith Golub, Senior Director of Advocacy and Public Affairs
Ben Johnson, Associate Director of
Advocacy
Danielle Polen, Legislative and
Regulatory Affairs Associate
Amanda Carufel, Public Affairs Manager
Hugo Romero, Advocacy Associate
Kris Benjamin, Legislative Assistant
American Immigration Lawyers
Association
918 F Street, N.W.
Washington, D.C. 20004
202-216-2403
28au2002
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