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 OPENERS
Dear Readers:
A number of important immigration stories broke this week. But the one that will probably have the longest term impact on our immigration system is the decision to break up the INS into two separate bureaus. Under the Justice Department’s plan, the INS will split into an enforcement division and a services division. Each will have a separate commission ultimately under the supervision of an immigration “czar”. The plan is designed to head off a more dramatic proposal circulating in Congress that would actually split the INS into two agencies completely independent of each other and not under common control. I’m an optimist by nature and believe that this can only help matters. The INS has essentially been paralyzed for years because it has been unable to resolve its conflicting missions. The agency will hopefully be able to do a better job enforcing the laws and processing applications under the new system. But whether this is better than completing splitting the agency up is a matter of debate and we could see quite a fight between the Administration and Congress on this question.
Another big news item broke last weekend and we sent out an emergency alert regarding the matter. The State Department will now be requiring a security hold on non-immigrant visa applications for men between 16 and 45 from a number of Arab and Muslim countries. The security checks will mean that applications will be delayed by up to three weeks. While this present an inconvenience for applicants, it is hard to see how the US could continue with its minimal background checks for visa applicants after the September 11th attacks. Ideally, technology will help to make the checks go faster. The issue of profiling is controversial, but when it comes to national security, the tradeoff seems to be more acceptable. We should also not kid ourselves. The entire visa application process is, and always has been, a matter of profiling. Consular officers develop profiles they use everyday to determine who is a better candidate for a visa and who should be denied.
The Bush Administration announced a controversial policy of eavesdropping on attorney-client conversations for people being detained in the post-September 11th roundups. The Administration also announced that military tribunals will try criminal cases arising from the terrorism investigation. Since most, if not all, of the defendants and witnesses affected are immigrants, the question arises of just how much protection immigrants should have under the Constitution. Both of these policies are likely to be challenged in the courts and I would not be surprised if the matters are settled by the US Supreme Court.
We also have coverage of other news and we have our regular features including and ABCs of Immigration article on inadmissibility based on a previous deportation, the latest State Department Visa Bulletin and Government Processing Times, a guest article by Gary Endelman and News From the Courts.
Siskind, Susser, Haas & Devine has been in the news this past week. KPMG, one of the world’s largest consulting firms, interviewed me as part of a story on the nursing shortage. You can see the article by going to www.visalaw.com/news . Speaking of the nursing shortage, you can read more about this and other health care immigration matters in our most recent issue of Visalaw.com Health Care Immigration News. We’ve just posted the latest issue on our web site at http://www.visalaw.com/IMG/newsletter.html.
If you have quick immigration questions to ask, you are invited to join me in my weekly chat on immigration law on Monster.com. The chats take place at 5 pm eastern time every Monday.
If you would like a telephone consultation with me to discuss your immigration case, just go to http://www.visalaw.com/intake.html or call my assistant Leslie Grandberry at 800-748-3819 or 901-737-3194. We have had a very positive response to our new fee structure that lowers the cost for shorter consultations.
Have a great weekend -
Greg Siskind | 
