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IMMIGRATION AND NATURALIZATION SERVICE RELEASING DETAINED NATIONALS OF HURRICANE-BATTERED COUNTRIES

There have been a number of immigration developments in the last month related to nationals of countries devastated by Hurricane Mitch. Readers may recall from our last issue that the Clinton Administration has already suspended all deportations of individuals to the affected countries.

- About 3,000 non-criminal detained individuals from Honduras, Guatemala, El Salvador and Nicaragua are scheduled to be released by the INS through January 7, 1999. The billions of dollars these immigrants annually send home is seen as an important supplement to the humanitarian aid being sent by the United States government. In fact, immigrants from the affected countries send back nearly $3 billion per year. The US only intends to send $270 million in relief aid. Also, many of the detainees wish to return home immediately to check on family members. INS Commissioner Doris Meisner stated "The destruction caused by Hurricane Mitch makes it impossible for governments of the affected countries to receive their nationals at this time." She further stated that the mass release was "prudent and humane."

Detainees may be released under the following circumstances:

1. Aliens waiting for their immigration court hearings who are not subject to mandatory detention under immigration law can be paroled from detention;

2. Non-criminal aliens who have a final order of removal can be released under an Order of Supervision. This order normally requires an alien to report periodically to an INS office; and

3. Non-aggravated felon criminal aliens with a final order of removal who have been detained more than 90 days also can be considered for release under and Order of Supervision.

All releases are discretionary and will such factors as the alien's health background, criminal background, history of appearance for immigration proceedings and the availability of support mechanisms such as family, friends or private organizations. The INS is working with non-governmental organizations to request their help in the program.

- The INS at the same time is preparing plans for a massive immigration wave of refugees from the Hurricane countries. A number of news organizations have reported anecdotal evidence that large numbers of Central Americans are planning to leave for the US. The INS and State Department are so far not reporting any significant increase in illegal entries in to the country, however. Nevertheless, the INS is planning the construction of as many as ten centers to detain illegal aliens. Each center could hold up to 5,000 people. Locations have not yet been determined.

- The President of El Salvador has asked the US to extend the temporary ban on deportations from the US to his country. President Armando Calderon Sol has requested the deportation moratorium be extended from January 1999 for an additional 18 months. The Salvadoran leader believes the money that Salvadorans in the US send home will be critical to rebuilding the country.

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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