NEWS  BYTES

The authors of this publication have learned through correspondence with the J-1 Waiver division of the US Department of Agriculture that the USDA will not provide attestations under the new national interest waiver law for physicians.  Under regulations that were recently announced to put the law into effect, one of the requirements is that a federal agency or state department of health provide an attestation that the alien physician’s work will be in the public interest.  Despite its active role in acting as an interested government agency in J-1 waiver applications, the USDA has announced that it will decline to act in a similar fashion for national interest waivers.

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Even as Salt Lake City, Utah prepares to welcome athletes and spectators from more than 200 countries for the 2002 Winter Olympics, the state appears likely to pass legislation that would make English the official language of the state.  Polls indicate that the measure, which will be on the November 7 ballot, is likely to be approved.  Unlike many such state laws, which are largely symbolic, the Utah law would prohibit the government from conducting business in any language other than English.  It does make an exception for tourism related issues.  The primary backer of the bill says that without such laws, the US could “end up like Canada,” which requires all official documents to be in both English and French.

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Last week in Seattle, Washington, American Immigration Lawyers Association member Greg Boos was honored for his work in helping to defeat Section 110, the law enacted in 1996 that would have required the INS to keep detailed records of all entries and exits into the US.  Opponents claimed the law would tie up border traffic and create waits of hours.  Earlier this fall Congress passed and the President signed a law that instead directs the INS to condense the information it currently receives.  The award was presented by the Canadian Consul in Washington.

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In an effort to ensure that the state’s schoolchildren have an adequate number of teachers, schools in Utah have begun recruiting for teachers in Spain.  Increasing numbers of US teachers have been retiring or leaving the profession in recent years, leaving schools desperate for qualified teachers.  Teachers from Spain have the added advantage that they are not only qualified, they can teach in Spanish, which has become increasingly necessary as the number of Spanish speaking children in Utah schools grows.  Currently about 25% of children in Utah schools speak English as a second language.  Spain was also chosen because the country is experiencing a surplus of qualified teachers.

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A fair housing group in New York City has received a grant of $250,000 from the US Department of Housing and Urban Development (HUD) to fight housing discrimination against immigrants.  The Equality for Fair Housing Center, Inc., which is based in Flushing, a community in Queens, has been assisting HUD in uncovering cases of housing discrimination, and to help the group continue this work, HUD made the grant.  The grant is specifically designed to help Asian immigrants address claims of discrimination.

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A 19-year-old Mexican citizen was killed in Austin, Texas, last Friday night, becoming the fourth Mexican to be murdered in the city this year.  Police discovered the body of Felix Martinez Nieto in a vacant building.  He had been beaten to death.  A friend, who escaped relatively uninjured, said Martinez was attacked by nine people.  Police suspect robbery was the motive, as it was in the other deaths.

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As a result of the increasing number of allegations that women in INS detention at the Krome Detention Center near Miami, the INS is considering housing female detainees in a different facility.  No details of the proposal are being released yet, because the INS is working on a plan to completely overhaul Krome operations.  Conditions and operations at Krome are also being investigated by the Justice Department, an investigation that sources say will soon result in more arrests and indictments.

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An INS naturalization adjudicator has been formally charged with two counts of soliciting and accepting bribes.  Theodore Filandrianos was arrested last August.  According to the grand jury indictment, over a 13-month period from May 1999 to June 2000, Filandrianos solicited $1000 bribes to approve naturalization applications without giving the required civics and English language tests.  He is also alleged to have removed information from applicant’s files that would have jeopardized their naturalization bid.  He is also charged with soliciting bribes from physicians to include their name on the list of INS approved doctors.  If convicted, he faces a maximum of 30 years in prison and fines up to $500,000.

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President Clinton this week announced the suspension of admission of immigrants and nonimmigrants who have impeded the peace process in Sierra Leone.  Sierra Leone has been in a state of war for years, and there are many in the country who are attempting to sabotage peace efforts.  The President has the authority to institute such a ban under section 212(f) of the Immigration and Nationality Act.  The ban on admission extends to people who have planned or benefited from activities that harm the peace process, as well as their spouses, children, and parents.  The Secretary of State is charged with enforcing the proclamation.

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The time allowed to submit comments on a proposed rule that would allow aliens convicted of aggravated felonies to seek a waiver of deportation has been extended until October 18.  In 1996, the Antiterrorism and Effective Death Penalty Act was passed, which the INS has consistently interpreted to make aliens convicted of aggravated felonies ineligible for a waiver of deportation.  The proposed rule would make aliens whose convictions were final before the AEDPA was enacted eligible for the waiver.

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Police in New York have arrested a man who they believe was involved in the beating to two Mexican workers in Farmingville, New York, on September 17.  The 19-year-old, Ryan Wagner, has been charged with second-degree attempted murder and second-degree aggravated harassment.  The Mexican workers were lured to an abandoned building by two men posing as contractors and were severely beaten.  According to Wagner’s attorney, he turned himself in to police.  Wagner also attributed the beatings to the effects of alcohol. 

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Pat Buchanan, the Reform Party presidential candidate, has begun airing his first television commercial.  Not surprising for someone who has been a long-time advocate of reduced immigration, the ad decries doth immigration and the declining use of English.  According to the ad “immigration is out of control.  Bush and Gore are writing off English for good.”  Criticism of the ad came quickly, and from all sides of the political spectrum.  Leaders of the Democratic and Republican parties in California said the ad would not appeal to voters in the state.  Hispanic advocates worry that the ad could inflame hostility.

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