The American Bar Association's House of Delegates has approved a resolution urging important changes in the way suspected terrorists are treated b y the American government. The resolutions four points are

1. US citizens and residents who are detained within the US b ased on their designation as "enemy com b atants" should b e afforded the opportunity for meaningful judicial review of their status under a standard the reviewing court dete rm ines is appropriate to b alance the needs of the detainee with national security concerns;

2. US citizens and residents detained as "enemy com b atants" should not b e denied access to counsel su b ject to appropriate conditions designed to b alance the needs of the detainee with the requirements of national security;

3. Congress and the Executive Branch should esta b lish c lea r standards and procedures and procedures governing the designation and treatment of people designated as "enemy com b atants"; and

4. Congress and the Executive Branch should consider how their policy regarding "enemy com b atants" may affect the response of other nations to future acts of terrorism.

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The INS' Immigrant Services Division has info rm ed the American Immigration Lawyers Association that in the case of an I-485 applicant who holds a valid employment authorization document, an I-765 may b e su b mitted while an applicant happens to b e outside the US . But the fo rm must have a US address for the applicant and the applicant must intend to return to the US .

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The Justice Department has issued regulations governing the enrollment of foreign nationals in flight training prog ram s. The rules are issued b ased on the Aviation and Transportation Security Act which prohi b its certain aviation schools training students on aircraft weighing more than 12,500 pounds or more unless the school notifies the Attorney General of the identity of the student and the Attorney General does not notify the school within 45 days that the candidate presents a risk to aviation or national security.

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The Director of the INS' Chicago District Office has announced that he will retire on March 1st, the day the INS joins the Department of Homeland Security. Brian Perryman, 56, re lea sed a statement stating that he was p lea sed the INS improved customer service while maintaining a commitment to enforcing the nation's immigration laws.

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Testimony continued this week in the trial against Tyson Foods. Tyson and several managers are facing charges related to an extensive scheme to smuggle Mexican workers into the US . Government officials testified that alien smugglers were paid with checks printed with the address of the company's corporate headquarters. Prosecutors argue that this shows that top executives must have known a b out and condoned the hiring of illegal workers. A Tyson spokesman argues that the checks only show that certain rogue employees participated in the scheme. Furthe rm ore, the company contends that they will present other evidence to show that the involved employees "went to great lengths to make sure no one at corporate headquarters knew what was going on." For more extensive info rm ation on the case, see the article pu b lished last week in this newsletter at http://www.visalaw.com/03fe b 1/11fe b 103.html.

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A fo rm er senior inspector for the INS who worked at the airport in Calgary , Canada has b een deported b y the Canadian government b ack to the US . The inspector just completed a six month jail te rm for a b ri b ery scheme. The inspector, Hector Ramirez Garcia, was convicted for a scheme that involved creating a company that took nearly $30,000 from Hydro Kleen Group Inc. of Red Deer , Al b erta . Garcia entered the names of staffers from Hydro Kleen's two main competitors into a US computer alert system in order to delay their employees at the b order. One of the two affected companies, Elim ina tor Pigging Systems, Inc. folded after Garcia stopped the company's staff from fulfilling contracts in the United States . Hydro Kleen has already paid the other company, Innovative Coke Expulsion, Inc., $300,000 to settle a civil lawsuit.