AILA ADVOCACY UPDATE

Pro-immigration advocates are working in a new and ever changing environment to promote our agenda. We face a new Administration and Congress, both controlled by Republicans and both in the process of organizing themselves for the current session, with the Senate divided 50-50 under an unprecedented power sharing agreement.

While the 107^th Congress convened in early January and started to organize itself, it quickly recessed, returning late in the month. However, other than confirmation hearings and some organizational meetings, Congress will not really begin its work until early February. The Bush Administration has just arrived and is having to contend with the consequences of some controversial nominations, most notably that of John Ashcroft, the former Republican Senator from Missouri, for Attorney General. As the Administration begins to articulate its priorities, many wonder if gridlock or accommodation will rule Washington, most notably the relationships between the new Administration and Republican Congressional leadership, Democratic leadership and the Administration, and Congressional Democrats and Republicans.

With regard to immigration, the Bush Administration largely has been silent on the range of issues that top the agenda of the pro-immigration community. We know that the President, as a candidate, generally did not get into specifics on immigration, usually speaking in generalities about immigration and immigrants. He was stunningly silent during last session’s debate on the Latino and Immigrant Fairness Act but supported good H-1B and INS reorganization legislation. Many of us wonder if President Bush will translate his pro-immigrant rhetoric into positive, concrete policies. The President’s selection of an Immigration and Naturalization Service (INS) Commissioner will be an important indicator of his positions on issues that top our agenda such as due process, adjudications, and enforcement.

Many advocates were not heartened by the nomination of former Senator Ashcroft to be Attorney General. While his immigration record is limited and he did support H-1B visas, he voted against an amendment to eliminate expedited removal. Furthermore, his civil rights record suggests a lack of sympathy for due process reform.

And then there is Linda Chavez, President’s Bush’s first nominee to head the Department of Labor. Her nomination went down in the glare of her association with an undocumented immigrant. While most of the media and Members of Congress focused on the specifics of the case itself, with several notably restrictionist Members of Congress defending Chavez’s “compassion,” a small segment of the media chose to focus on the need to change the law to eliminate the criminalization of this kind of conduct and the fact that this country is dependent on undocumented labor, and the need to create new mechanisms to allow “essential” workers to enter this country legally.

What immigration issues move into the 107^th Congress will depend to a large degree on Congressional Republican leadership. During the last Congressional session, leadership took many of their cues from their restrictionist wing (lead by Representative Lamar Smith (R-TX) and Senator Phil Gramm (R-TX)) and opposed the Latino and Immigrant Fairness Act (LIFA), which the White House, most Congressional Democrats, and the pro-immigration community strongly supported. However, in contrast to past strategies of simply blocking reforms, Republican leadership not only opposed a pro-immigration effort but also countered with their own, limited proposal, the Legal Immigration and Family Equity Act (LIFE). The resulting legislation that Congress passed and the President signed into law, will help about 700,000 people. However, left out are other equally deserving people: those from Central America seeking equity of relief and others fleeing civil strife; others who would have been eligible for an updated registry date of 1986, and still others seeking due process relief. In addition, the final compromise did not permanently restore Section 245(i) but, rather, grandfathered it for an additional four months, to April 30, 2001.

While Congress was debating the LIFE/LIFA issue, a coalition came together to support a compromise agricultural worker bill that both modified the H-2A program and included an adjustment of status provision. The agricultural industry and farm worker supporters (lead by Representative Howard Berman D-CA) supported this compromise that was not included in last Congress’ final budget deal due Senator Gramm’s opposition. The Senator opposes the adjustment aspect of the measure and has developed a guest worker program that does not include any permanent status provisions. The Senator will face much opposition as he tries to move this provision though Congress.

Before Republican leadership will determine their high priority issues, they will name the chairs of the Senate and House Immigration Subcommittees. While we know that Representative Jim Sensenbrenner (R-WI), no friend of immigration, will head the House Judiciary Committee, names mentioned most frequently for House Subcommittee chair are Representatives Bob Barr (R-GA), Steve Chabot (R-OH) and Chris Cannon (R-UT). Senator Orrin Hatch will continue to chair the Senate Judiciary Committee. A possible Senate Subcommittee chair is Senator Sam Brownback (R-KS) who, as a Representative in 1996, helped lead the effort in support of legal immigration.

Given the above, what immigration issues do we think the new Administration and Congress will address? We expect that INS reorganization will take center stage. AILA, along with our coalition partners, will be working in support of other priority issues including due process and detention reform, the permanent restoration of Section 245(i), NACARA parity, employment-based immigration increases, and essential worker legislation.

While there is much we don’t know, there is much we do know. We know that advocacy is important, especially given the new Administration and new Members of Congress. We encourage all AILA members to set up meetings with their Senators and Representatives, and attend AILA’s March 22^nd Spring Lobby Day in Washington, D.C. Please contact the Advocacy Department (202-216-2400) for information and materials. We also urge your continued advocacy to counter the efforts by such groups as the Federation for American Immigration Reform and Center for Immigration Studies. They do not rest, nor should we!

While the Legal Immigration and Family Equity Act (LIFE Act) became law on December 21, INS and Department of State (DOS) have yet to issue any details or regulations about the new law implementation. INS is advising the public that it is moving as quickly as possible to develop application procedures for immigration benefits created by the LIFE Act, and has indicated it would inform the public as procedures are finalized. In the meantime, the widespread, but mistaken, belief that the new law is an amnesty has caused growing confusion and anxiety in immigrant communities.

The temporary reinstatement of Section 245(i) is one of the provisions of the LIFE Act. Section 245(i) is not an amnesty for all persons unlawfully in the US. It benefits only those who are out of status and residing in the U.S. who have the requisite family or employer relationship, are otherwise eligible for an immigrant visa, and are barred currently from adjusting their status in this country. It allows such persons to adjust their status here rather than having to return to their home countries to acquire their visa, and there face the likelihood of the three and ten year bars.

To preserve eligibility to file for adjustment of status under Section 245(i), an individual must be the beneficiary of an immigrant visa petition (Form I-130, Form I-140 or Form I-360) or an application for labor certification filed by April 30, 2001. If the petition or application was filed after January 14, 1998, the beneficiary must demonstrate physical presence in the United States on December 21, 2000. Although the deadline for filing these applications is quickly approaching, INS has yet to indicate how it will interpret this new physical presence requirement.

The LIFE Act also creates a new nonimmigrant visa category, the "V" visa and expands the current "K" visa category. The new “V” visa is available only to the spouses and minor children of legal permanent residents who filed a family based petition before December 21, 2000, and have been waiting more than 3 years for the approval of the petition or an available visa. The new “K” visa will allow the spouses and minority children of U.S. citizens who are waiting outside of the U.S. for the approval of a visa petition to enter legally and obtain work authorization during the delay in their process. INS has said that it cannot process applications for these two visa categories until application and adjudication procedures are finalized. In its public advisory, INS has noted that it is consulting with the DOS and hopes to issue guidelines on these new visas by early spring.

Another aspect of the LIFE Act is the part of that law pertaining to late legalization applicants. The LIFE Act allows certain members of three specific class action lawsuits against the INS (CSS, LULAC, and Zambrano) to apply directly for permanent residence under the slightly modified terms of the original 1986 legalization program. Eligible applicants will be required to submit an application for adjustment of status within one year of the date on which the Attorney General issues final regulations. The LIFE Act requires Attorney General to issue those regulations no later than March 21, 2001 (120 days after the law was enacted). However, the INS has not indicated whether it will meet this deadline.

Persons who have concerns about their eligibility for LIFE Act benefits should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals.

House and Senate Immigration Committees Still Undecided; Chairs Up for Grabs

In addition to the lengthy election battle and the ceremonies surrounding the inauguration, Congress has turned to conducting hearings on President Bush’s cabinet nominees, and putting together its committee rosters for the 107th Congress. Both the House and Senate Judiciary Committees (which oversee immigration issues) still need to name members to the full committee, and neither the House nor Senate has issued rosters for their immigration subcommittees. However, some assignments have been made.

House: Representative James Sensenbrenner (R-WI) will chair the House Judiciary Committee. Republican Committee members are (new members are in italics): Henry J. Hyde, Ill., George W. Gekas, Pa., Howard Coble, N.C., Lamar Smith, Texas, Elton Gallegly, Calif., Robert W. Goodlatte, Va., Steve Chabot, Ohio, Bob Barr, Ga., Bill Jenkins, Tenn., Asa Hutchinson, Ark., Christopher B. Cannon, Utah, Lindsey Graham, S.C., Spencer Bachus, Ala., Joe Scarborough, Fla., John Hostettler, Ind., Mark Green, Wis., Richard "Ric" Keller, Fla., Darrell Issa, Calif., Melissa Hart, Pa., Jeff Flake, Ariz. The Democrats have yet to name their committee members, but Representative John Conyers (D-MI) will remain as the Ranking Minority Member. Chairman Sensenbrenner has not been supportive of AILA’s positions on most immigration matters, although he supported the final H-1B increase. Neither the House Immigration Subcommittee chair nor the members have yet to be named. At last report, three members were in the running to chair the subcommittee: Bob Barr (R-GA), Steve Chabot (R-OH), and Chris Cannon (R-UT).

The chairman of the House Appropriations Committee responsible for the Department of Justice and the INS’ budget has changed. Representative Hal Rodgers (R-KY) will no longer chair this committee. (Representative Rogers was one of the authors of an INS reorganization bill introduced last year that AILA and other organizations opposed because it lacked the fundamental principles for true reform: separate but coordinate the enforcement and adjudication functions, put someone in charge with clout, and provide adequate appropriations to support adjudications.) Stepping into the job is Representative Frank Wolf (R-VA). Representative Wolf has been supportive of business immigration, but has not supported AILA’s other priorities.

Senate: While Senate Democrats have named their committee assignments, the Republicans have yet to do so formally. However, we know that Senator Orrin Hatch (R-UT) will return as chair of the Senate Judiciary Committee and Senators Sam Brownback (R-KS) and Mitch McConnell (R- KY) most likely will join the full committee. Committee Democrats are (new members are in italics): Patrick J. Leahy, Vt. - ranking member, Edward M. Kennedy, Mass., Joseph R. Biden Jr., Del., Herb Kohl, Wis., Dianne Feinstein, Calif., Russell D. Feingold, Wis., Charles E. Schumer, N.Y., Richard J. Durbin, Ill. ,Maria Cantwell, Wash. With the defeat of Spencer Abraham (R-MI) by Debbie Stabenow, the chair of the Immigration Subcommittee is up for grabs. Senator Brownback has been cited as a possible new chair, although some reports say that the subcommittee may be abolished, with immigration issues dealt with at the full committee level. If the subcommittee continues, Senator Kennedy will remain as Ranking Minority member. Senator Judd Gregg (R-NH) will remain the chair of the Senate Commerce, State and Justice appropriations subcommittee.

In his inaugural address, President Bush mentioned the role of immigrants in U.S. society. The President said: “America has never been united by blood or birth or soil. We are bound by ideals that move us beyond our backgrounds, lift us above our interests and teach us what it means to be citizens. Every child must be taught these principles. Every citizen must uphold them. And every immigrant, by embracing these ideals, makes our country more, not less, American.”

The President also indirectly touched on the concepts of justice and fairness, which are at the heart of the debate about the overly harsh provisions of IIRAIRA. President Bush said America’s promise is “that everyone belongs, that everyone deserves a chance, that no insignificant person was ever born,” and that “America, at its best, is compassionate.” The President also made a “solemn pledge” to “work to build a single nation of justice and opportunity.”

AILA is heartened by those words. They represent a vast departure from the restrictionist rhetoric of the Republican Party during 1996 and, even, during the recent LIFE debate. However, they remain just words unless and until President Bush undertakes actions that puts the weight of government behind his positive rhetoric. An excellent first step in showing a pro-immigration view would be his appointment of a new INS Commissioner who believes and will fight for the principles of justice, fairness, accountability and efficiency. AILA urges President Bush to make this appointment as soon as possible, and looks forward to working with the new administration on such vital issues as the permanent restoration of Section 245(i), IIRAIRA reform, NACARA parity, reorganizing the INS, and essential worker immigrants.

Shortly after President Bush took office, his administration took steps to initiate a review of last-minute regulations drafted by the Clinton White House. In a memorandum to all heads of Executive Departments and Agencies, White House Chief of Staff Andrew Card announced a hold on all new and pending regulations to allow new Bush appointees or their designates time to review them. Covered under this memorandum are all proposed or final regulations not yet published in the Federal Register, and regulations published but not yet effective. In the latter case, the effective date is to be postponed for at least 60 days to allow for review.

The order does not affect the new H-1B regulations published by the Department of Labor, which became effective January 19, 2001. However, other pending regulations are affected, including DOL’s labor certification "RIR conversion" regulation, INS’ anticipated regulation on concurrent I-140 and adjustment filings, the asylum regulation reversing Matter of R-A-. EOIR has indicated that it does not believe that the final Soriano regulation is affected by the memorandum.

While it is not clear whether the new Administration will object to any of these regulations, the delay will undoubtedly cause difficulties for those who were awaiting the relief these regulations may have granted. AILA will continue to monitor the situation.

The Department of Labor (“DOL”) on December 20 issued its Interim Final Rule governing H-1B labor certifications and implementing provisions of the American Competitiveness and Workforce Improvement Act of 1998 (“ACWIA”). The original proposed rule was issued in January 1999, and contained very little actual regulatory language. The majority of the proposal was explanatory language in the preamble, which listed alternative implementation ideas the agency was considering. DOL received 92 comments to its proposed regulations, many of which were extensive in length and detail, from AILA, Members of Congress, the Office of Management and Budget, law firms, associations, companies, Federal agencies, labor unions and individuals. The text of the regulation, summaries of the Interim Final Rule, and copies of AILA’s comment on the proposed rule, are available on AILA InfoNet. (Text: Doc. ID #s: 00122001, 00122002, 00122003; Summaries: Doc. ID#s: 00122202, 00122902; Comment: Posted 02/19/1999.)

In response to the Interim Final Rule, at least two members of Congress have written to DOL expressing their displeasure with the rule’s issuance and the agency’s interpretation of its statutory authority. Representative Pete Hoekstra (R-MI), former Chairman of the Oversight and Investigations Subcommittee of the Education and Workforce Committee, wrote to Secretary of Labor Alexis Herman just prior to the publication of the rule stating “this Subcommittee is very concerned that the Department may publish final or interim final regulations without first publishing additional proposed regulations or providing the public with an appropriate opportunity to comment.”

Former Senator Spencer Abraham (R-MI), as Chair of the Senate Immigration and Claims Subcommittee, and Senator Bob Graham (D-FL), wrote “[W]e must note that ... on many … issues, DOL has ignored not only the clear language of the legislation but also the contemporaneous statements that Senator Abraham made as chief bill sponsor and negotiator with the Administration prior to the floor consideration of the [ACWIA].” The Senators specifically cite their concerns regarding the regulation’s paperwork requirements, DOL’s assumption of additional authority to administratively remedy violations (including “make whole” relief), the exclusion of part-time employees from the definition of H-1B “exempt” employees, and the DOL’s complex system governing the movement of H-1B professionals.

AILA, along with our business coalition allies, are reviewing the interim final rule and considering possible responses, especially in light of the Bush Administration’s review of federal regulations. We will be working with the Administration and members of the 107th Congress to ameliorate some of the worst provisions of the rule. In addition, the review process appears to be delaying publication of the DOL Labor Certification Conversion regulations and the INS’ regulations to allow concurrent filings of I-140s and I-485s. We are trying to determine, given this review process, the status of The Matter of R-A- and the Soriano regulation.

Gramm Proposes New Guest Worker Program Following Meeting with Mexican President Fox

In early January, Senators Phil Gramm (R-TX), Jim Bunning (R-KY), Zell Miller (D-GA), Pete Domenici (R-NM) and Michael Crapo (R-ID) met with newly installed Mexican President Vicente Fox. Following this meeting, Senator Gramm announced that he would introduce legislation creating a new “guest-worker” program, recognizing that undocumented immigrants “are vital to our economy.” Creating a new legal guest worker program will “help the economy and dramatically decrease illegal immigration,” said Senator Gramm.

Under the Gramm proposal, which was yet to be put into legislative language the U.S would create a new temporary visa program for Mexicans that would allow admission to the U.S. to accept jobs for up to one year, after which they would be required to return to their homes in Mexico. The workers would be issued identification cards for employment primarily, but not exclusively, in agriculture and the service sector. Undocumented workers in the United States would be encouraged to participate, and, if enrolled, would be required to return to Mexico at the conclusion of their employment. Employers of these guestworkers would be exempted from paying payroll taxes on their behalf, but instead would fund an emergency health care program, with an IRA-like account. Penalties for employment of undocumented workers would be significantly increased and strictly enforced.

AILA, and our allies in the Essential Worker Immigration Coalition (“EWIC”), have proposed that any solution to the essential worker issue must include new legal immigration avenues for essential workers; long-term nonimmigrant visas and an opportunity for permanent residence to address long-term and permanent needs, and regularization of the status of the current workforce. We hope that we can work with Senator Gramm on furthering the joint goal of dealing with the current essential worker shortages and the problem of undocumented immigration.

The FY 2001 Commerce, State, Justice (CSJ) appropriations bill authorized the INS to collect a “premium processing fee” of $1,000 on business immigration petitions (I-129s and I-140s) in exchange for expedited service, by which a decision or a request for additional information (RFE) is sent within a certain period. The INS in mid-January held a stakeholders’ “focus group” to discuss the agency’s implementation of this new fee. INS hopes to begin the program sometime between April 1 and June 30. The INS sold this fee to Congress as a means to address growing case backlogs. (Although provisions in the H-1B law also created a new account at INS into which Congress could provide appropriated funds for backlog reduction, no funds were actually allocated to the account for the current fiscal year.)

INS officials met with representatives from AILA, employers, employer associations and individual attorneys to discuss the new program and employers’ expectations. (INS is planning to conduct separate meetings with community-based organizations that AILA also will attend.) Program highlights, as presented by INS, follow:

U.S. Supreme Court Agrees to Hear Cases on Judicial Review and Retroactivity of IIRAIRA

While the 106^th Congress failed to enact due process reform, the Supreme Court has agreed to hear two cases concerning the right to judicial review of removal orders and whether AEDPA and IIRAIRA eliminated eligibility for 212(c) relief retroactively. The Court’s ultimate decision could widely impact the ability of noncitizens to seek review of removal orders in federal courts.

The two cases are St. Cyr v. INS, 229 F.3d 406 (2d Cir. 2000) and Calcano-Martinez v. INS, 232 F.3d 328 (2d Cir. 2000). In Calcano-Martinez, the Second Circuit held that, while the permanent judicial review provisions of IIRIRA had stripped the courts of appeals of jurisdiction to hear petitions for review of final removal orders, the law had not removed the federal courts’ habeas corpus jurisdiction. Therefore, noncitizens ordered removed could obtain review of those orders in federal district court. In St. Cyr, the same panel of the Second Circuit held that AEDPA and IIRIRA had not eliminated eligibility for a 212(c) waiver of deportation for a person who pled guilty before the effective dates of the statutes. The American Civil Liberties Union is counsel in both cases. The cases will be briefed in February, March and April. Oral argument is expected to be held in April. AILA expects to file an amicus brief urging the Court to affirm the Second Circuit’s decisions. The Supreme Court may decide the cases by July.

A new Ninth Circuit ruling in Castro-Cortez v. INS (case no. 99-70267) , holds that immigrants who illegally reentered the United States prior to the enactment of IIRIRA are entitled to lawyers and a hearing before being deported a second time. The decision puts strict limits on the April 1997 INS regulations that allow an immigration officer to order immediate deportation after determining that the immigrant was previously deported and had again entered the U.S. illegally. The Court specifically held that the regulations are constitutionally questionable and cannot be applied to immigrants who re-entered the country before April 1997. The Ninth Circuit decision could affect as many as 11,000 immigrants.

Members & Staff in the News. Bruce Morrison was quoted in a January 23 New York Times article about an Irish immigrant being deported for violent acts committed in Ireland. Visuvanathan Rudrakumaran was quoted in a January 21 Dallas Morning News article about a Liberian asylum seeker released after six-years’ detention. Karen Musalo was quoted in a January 20 New York Times article about then-Attorney General Reno voiding the denial of asylum for a battered Guatemalan woman. An op-ed about immigration law in the wake of the Linda Chavez controversy written by Greg Siskind was published in the January 16 Tennessean. Steve Thal, Leslie Guyton and Pamela Santer were quoted in a January 14 St. Paul Pioneer-Press article about LIFE. Farhad Sethna was quoted in a January 11 Beacon Journal article about the Governor of Ohio pardoning a man who faced deportation for knocking off his wife’s glasses during a dispute. John Ovink and Cheryl Little were quoted in a January 10 St. Petersburg Times article about undocumented workers. Tammy Fox-Isicoff and Donna Lipinksi were quoted in a January 10 Miami Herald article about essential workers. The same edition of the same newspaper also published a letter to the editor about the partial restoration of Section 245(i) by Fox-Isicoff. Joseh Hohenstein was quoted by the Miami Herald in a January 10 article about deportation proceedings under the secret evidence provisions against a Muslim cleric. Denyse Sabagh and Jose Pertierra were quoted by CNN on January 9 about Linda Chavez controversy. Dale Schwartz and Darryl Buffenstein were quoted in a January 9 Atlanta Journal-Constitution article about the same topic. Michael Maggio and Jeanne Butterfield were quoted in a January 9 Washington Post article on the same topic (Maggio also appeared on CNN’s “Burden of Proof” on January 8, and Butterfield also was quoted in The Associated Press, Washington Post, Hearst Newspapers, on Channel 7 television in Washington, and by UPI). Judy Golub was quoted in a January 9 Austin American-Statesman article about the same topic. Elliot Lichtman was quoted in a January 8 Washington Post article about Chavez. Carolina Colin-Antonini was cited in a January 8 Atlanta Journal-Constitution article about LIFE. Simon Azar-Farr was quoted in an Associated Press dispatch about the partial restoration of Section 245(i) that ran on January 6. An op-ed about H-1B visas written by Bruce Larson was published in the January 5 Roanoke Times.

Scott Wright and Jennifer Presthold were quoted in a December 31 St. Paul Pioneer-Press article about the INS St. Paul district office. A column about immigration and the economy written by James Benzoni was published in the December 28 Des Moines Register. L. Patricia Ice was quoted in a December 23 Clarion-Ledger article about a family separated due to the INS poverty guidelines. Brian Reilly was quoted in an article about H-1B visas and immigration law firms in the December 22 Charlotte News & Observer. Scott Wright was quoted in a December 17 St. Paul Pioneer-Press article about H-1B visas. Crystal Williams was quoted in a December 11 Atlanta Journal-Constitution article about INS processing times. Alicia Triche was quoted in a December 10 article about INS prosecutions in The Oregonian. Cheryl Little was quoted in a December 10 Ft. Lauderdale Sun-Sentinel article about gays seeking asylum. Michael Maggio was quoted in a December 8 Associated Press article about new INS asylum rules. Nancy Morawetz was quoted in a December 7 Denver Post article about possible deportation proceedings against a major league pitcher. Christina DeConcini was mentioned in a December 7 Arizona Daily Star article about a border issues conference. Joel Pfeffer was quoted in a December 4 Pittsburgh Post-Gazette article about a basketball player facing deportation for a bank fraud conviction. Socheat Chea was quoted in a December 4 Ft. Lauderdale Sun-Sentinel article about a former Haitian police officer claiming asylum under the Convention Against Torture treaty.

Michael Maggio was quoted in a November 29 Washington Post article about a Columbian judge who is seeking asylum. Robert Foss was quoted in a November 27 Los Angeles Times article about a deportation under IIRAIRA. Kerry Bretz was quoted in a November 26 Newsday article about new INS guidelines for deportations under IIRAIRA. Michael Ray was quoted in a November 24 Ft. Lauderdale Sun-Sentinel article about INS removal guidelines. Robert Jobe was cited in a November 22 Associated Press dispatch about a court decision reinstating a suit against the INS over 1986 legalization claims. David Simmons was quoted by the Rocky Mountain News in a November 21 article about deportation proceedings against a major league pitcher. Robert Pauw was quoted in a November 21 Associated Press article about a lawsuit against the INS over border enforcement. A column about immigration reform written by Marin Dunn was published in the November 20 National Law Journal. Judy Golub and Carol Wolchok were quoted in a November 19 Ft. Worth Star-Telegram article about LIFE. The Denver Post published a November 15 letter to the editor about LIFE written by Donna Lipinski.

AILA. A January 18 article in The Miami Herald highlighted a citizenship and voter registration drive run by, among others, the South Florida AILA chapter.

Asylum. The New York Times ran a January 20 article about Attorney General Reno voiding a denial of asylum to a Guatemalan woman who was fleeting an abusive husband. The Washington Post ran a January 8 article about new INS asylum rules on victims of domestic violence. Similar articles ran in the December 8 Miami Herald and the December 7 Los Angeles Times.

Citizenship. The Boston Globe ran a January 19 article about a man seeking to become a citizen. Associated Press ran a November 27 article about the INS granting citizenship to a severely disabled woman.

Court Cases. The Seattle Times ran a January 24 article about a Ninth Circuit decision limiting INS regulations about the effective date of IIRAIRA. Associated Press ran a January 9 article about the U.S. Supreme Court agreeing to hear a case about a provision of immigration law treating mothers and fathers differently in deciding citizenship.

Detention. Associated Press reported December 8 that the U.S. Commission on Civil Rights is investigating INS detention policies.

Economics. The Memphis Commercial Appeal ran a January 14 article about a study finding that Hispanic immigrants contribute more than $1 billion a year to the local economy. A column in the January 14 Chicago Tribune noted the economic benefits of essential workers. The Denver Post ran a January 9 article about the benefits that essential workers provide to Colorado.

Editorials. The St. Petersburg Times ran a January 18 editorial endorsing fathers’ rights when it comes to immigration law. A similar editorial ran in the January 16 New York Times. The Los Angeles Times ran a January 17 editorial calling IIRAIRA, “A Law Without Discretion.” A January 16 editorial in The Sacramento Bee strongly endorsed eliminating some overly harsh provisions of IIRAIRA. The Chicago Tribune on January 14 said a plan to provide guest-worker visas for Mexicans “deserves serious consideration.” The St. Petersburg Times ran a January 8 editorial stating that INS rules on treatment of detainees are too lax. A December 8 editorial in the Chicago Tribune called for passage of the Latino and Immigrant Fairness Act. The same newspaper ran a November 28 editorial denouncing the use of secret evidence. The San Jose Mercury-News ran a November 21 article about allegations of fraud in the H-1B program.

Essential Workers. The Christian Science Monitor ran a January 23 article about a new guest worker proposal by Senator Phil Gramm (R-TX). (Similar articles ran in a number of different publications, including The Dallas Morning News, Associated Press, and Washington Post). In its January 22 issue, Time Magazine ran an article about essential workers. The New York Times ran a January 14 article about essential workers, immigration policy and U.S. attitudes toward immigration. An op-ed in the January 16 Duluth News Tribune called on President-elect Bush to “create a orderly process by which law-abiding, hard-working immigrants can legalize.” The Washington Post ran a January 11 article about a proposal to establish a guest worker program for essential workers from Mexico (a similar article ran in the January 11 Orange County Register). The Philadelphia Inquirer ran a December 11 article about the Iowa Governor’s plan to attract immigrants in the hopes of increasing the number of essential workers (a similar article ran in the November 30 Christian Science Monitor). The Rocky Mountain News ran a November 30 article about special visas for essential workers at Colorado ski resorts. The American Prospect ran a December 4 article about efforts to legalize workers. Business Week ran a November 20 article about employers and unions pushing immigration reform for essential workers.

Fairness for Immigrants. The San Jose Mercury-News ran a January 18 article explaining the reinstatement of Section 245(i). A similar article ran in the January 15 Orange County Register and San Diego Union-Tribune. A January 6 article in The Sacramento Bee reported on misinformation circulating about the LIFE Act. A column about LIFE written by Representative Lincoln Diaz-Balart (R-FL) ran in the January 8 Miami Herald. An article in the November 18 Las Vegas Sun reported on NACARA parity. The Los Angeles Times ran a November 26 article about hopes within the immigrant community for a broad fairness bill.

H-1B Visas. CalCPA, the journal of the California Society of Certified Public Accountants, ran a January 19 article on H-1Bs. Tech Web ran a January 18 article on the new H-1B law. Information Week ran a November 27 article about the “great debate” over increasing the cap.

IIRAIRA. The Lehigh Valley News ran a January 23 article about a Liberian asylum seeker released after being detained for six years by the INS (a similar article ran in the January 22 Las Vegas Sun). The New York Times ran a January 10 article about the hardship that IIRAIRA deportations cause families. The Boston Globe ran a December 31 article about a paralyzed Nigerian who is being deported because of a crime committed seven years ago. A December 6 Associated Press dispatch reported on a professional basketball player facing deportation for bank fraud. A number of newspapers ran articles about Joao Herbert, a Brazilian adoptee deported for a marijuana conviction (Associated Press, Miami Herald, Washington Post, November 29). The Ft. Lauderdale Sun-Sentinel ran a November 24 article about INS easing its removal guidelines.

Immigrants. A January 23 Los Angeles Times article reported on a USC study finding that immigrants are helping California’s economy. The Washington Post ran a January 22 article about the effect on Salvadoran immigrants of the recent earthquake in San Salvador (a similar article ran in the January 19 Newark Star-Telegram). A January 22 article in The New York Times News Service profiled an Indian-American who runs a food importing company. The Sacramento Bee ran a January 21 article about a South Korean immigrant’s house painting business. The Detroit News ran a January 19 article about a controversial Michigan Department of Education plan to offer immigrant children tests in their native languages. A January 18 Denver Post article reported on a leadership forum for local high school students focusing on immigration. The Los Angeles Times ran a January 18 article about a program through which local students get a taste of the immigrant experience. The Bergen County Record ran a January 17 article about a church that ministers to immigrants. The Dallas Morning News ran a January 17 article about a study finding that computer and cell phone use is climbing among Hispanics. The Chicago Tribune ran a January 16 article about a study finding that secondary schools are unprepared to teach immigrants. A January 15 article in The Los Angeles Times reported on the growth of cable and satellite television programmers catering immigrants. An article in the January 13 Sydney (Australia) Morning Herald noted that the U.S. “view of aliens is out of this world.” The San Jose Mercury-News ran a January 8 article about a Sikh temple that helps organizing immigrants for amnesty rights. The Atlanta Journal-Constitution ran a January 8 article about the city of Smyrna helping immigrants. The December 6 Newsday ran an article about a television program that instructs Russian immigrants on life in this country. Starting December 4, The Bergen County Record ran a four-part series about immigrants in New Jersey.

The Chicago Tribune ran a November 30 article about a woman who became a U.S. citizen at the age of 100. The Albuquerque Journal ran a November 28 article about a proposal creating a city office to help undocumented workers find services. USA Today ran a November 27 article about a Japanese immigrant who is attending college at the age of 10. A November 27 article in The Arizona Daily Star profiled a Lebanese immigrant who is a successful real estate investor. Associated Press ran a November 27 article about Polish immigrants in New Jersey. The New York Times ran a November 20 profile of a Catholic bishop who aids immigrants. The Seattle Times ran a November 19 article about Hispanic immigrants in Georgia. The Bergen County Record reported November 16 that the U.S. Catholic Bishops issued a pastoral statement supporting immigrants and immigration.

INS. Associated Press ran a January 6 article about allegations that INS employees were ordered to destroy documents in the Elian Gonzalez case. Newsday ran a January 8 article about a government report that the INS cannot effectively spend money on computers. Newsday ran a December 10 article about INS backlogs.

The Roanoke Times ran a November 30 article about a low-cost dental clinic that delayed its opening because of INS delays in processing its dentist’s work visa. The Daily Oklahoman ran a November 26 article about a German businessman moving his high-tech company out of the U.S. due to his frustration over the INS. The Chicago Tribune ran a November 14 article about INS backlogs.

INS Enforcement. The Los Angeles Times ran a January 9 article about INS plans to build a fence in a southern border town. The San Jose Mercury-News ran a January 5 article about deaths along the U.S.-Mexican border. An article in the January 6 Anchorage Daily News reported on INS charges of visa fraud against a strip club.

Associated Press reported December 12 that INS border enforcement costs Arizona counties $7 million a year. (A similar article ran in the November 20 The Tucson Citizen.) CNN posted on its Web site an article December 6 about enforcement along the southern border. The Arizona Daily Star reported December 11 about a conference on border enforcement. The Columbian ran a December 8 article noting that the number of foreigners being refused entry at the Portland (OR) airport had dropped since the resignation of a District Director. The Washington Post ran a December 7 article about a Texas sheriff helping undocumented immigrants. The Chicago Tribune ran a December 4 article about INS enforcement efforts against questionable marriages. A November 20 article in APB News ran a November 17 article about an INS crackdown on suspected war criminals.

Obituaries. A January 19 Los Angeles Times article noted the death of Bert Corona, a labor activist who championed undocumented workers.

Politics. The controversy over Labor Secretary-Designate Linda Chavez was the subject of numerous articles (Atlanta-Journal Constitution, Washington Post, Washington Times, The New York Times, USA Today, Associated Press, Wall Street Journal, UPI). Associated Press ran a January 8 article reporting that Christie Todd Whitman, the New Jersey Governor designated to run the Environmental Protection Agency, once employed undocumented workers. The Orange County Register ran a November 27 article about the fundraising ability of an immigrant activist.

Polls. The Los Angeles Times reported January 5 about a poll finding showing that a majority of Californians say immigrants are a boon to the state’s economy.

Restrictionists. The Los Angeles Times ran a January 23 article about the California Coalition for Immigration Reform seeking to have Anaheim police officers arrest people for violating immigration law. (An article on the same topic ran in the January 23 Orange County Register). World News Daily ran a January 19 article about Voices of Citizens Together stating that a “guest-worker” proposal by Senator Phil Gramm (R-TX) amounted to “treason.” The Chicago Tribune ran a January 15 column alleging that immigration leaves the U.S. “in danger of losing our national identity, cohesion and purpose.” Georgie Anne Geyer wrote a January 12 column attacking legalization. The Arizona Republic ran a January 8 column alleging that immigrants would make Arizona into a “new Appalachia.” A January 7 column in The Denver Post echoed the Center for Immigration Studies’ findings about immigrants. A January 7 column in The Sacramento Bee alleged that immigrants are driving up the cost of public services. The Chicago Tribune ran a January 5 column alleging that immigrants are “robbing” people in Illinois of congressional representation.

Associated Press ran a December 1 dispatch about vigilante groups along the Texas-Mexican border (a similar article ran in the November 29 Houston Chronicle). The Columbia Daily Tribune ran a November 28 column by Dan Stein, contending that immigration “was critical to the outcome” of the 2000 presidential campaign. A November 8 article in The New York Times reported on the arrest of three white supremacists in the assault of two Mexican day laborers. The incident occurred after the County Legislature defeated a bill that would urge the INS to begin an enforcement campaign.

Secret Evidence. Numerous newspapers ran articles about Mazen Al-Najjar, who was being deported based on secret evidence. (January 8, December 8, St. Petersburg Times; December 7, Associated Press; December 7, Miami Herald, Bradenton Herald

Unlicensed Practice of Law. The San Jose Mercury News ran a January 3 article about Notarios.

Did You Know?

A new study by the University of Memphis concludes that Hispanic immigrants have contributed more than $1 billion to the economy of Tennessee.

Jeanne A. Butterfield, Executive Director of AILA
Judith E. Golub, Senior Director of Advocacy and Public Affairs
Theresa C. Brown, Associate Director of Business Immigration
Matt Tallmer, Public Affairs Manager
Ben Johnson, Associate Director
Supriya Satpathy, Administrative Assistant