A
scholar at the Brookings Institution was recently arrested by armed INS agents
who accosted him on the street in
Washington
,
DC
.
Ejaz Haider, who is an editor of one of
Pakistan
’s
most respected newspapers, was told by INS inspectors when he arrived in the
US
a few months ago that he would not be required to reregister with the INS. The
INS says he was, and that his failure to was the reason for his arrest. The head
of the section of the Institute in which Haider worked observed that on many
occasions in the past he had contacted the Pakistani government to urge them to
release journalists in custody, and that he never thought he would have to do
the same with the US government.
*********
During fiscal year 2002 (
October
1, 2001
through
September
30, 2002
)
the INS issued 79,100 new H-1B visas, down more than 50 percent from the
previous year, when 163,600 were issued. At the end of the fiscal year, there
were 18,000 pending applications, which will be counted toward the 2003 cap.
There were 215,000 H-1B visas issued to those who were already in H-1B status or
who were exempt from the annual cap. The cap is set at 195,000 this year, and is
scheduled to fall to 65,000 in fiscal year 2004.
*********
An interesting case in
Miami
is raising questions about how the INS views its I-551 stamp, which, when placed
in someone’s passport, is temporary evidence that they are a permanent
resident. Milton Nelson, a native of
Jamaica
,
married Di
ana
Bent, a
US
citizen. She petitioned for his green card, and a few months later they were
interviewed, and Nelson’s passport was stamped. Before he received the actual
green card, however, problems developed in the marriage and Bent withdrew the
petition. The INS contacted Nelson and told him the stamp in his passport was no
longer valid. Nelson sued the INS, arguing that the stamp was equivalent to a
green card and could not be revoked without administrative procedures. The INS
argued that the stamp is merely a temporary record, and is not proof of
permanent residency. A federal district court agreed, and Nelson appealed to the
Eleventh Circuit, which heard arguments in the case last week. Ira Kurzban, a
well-known immigration attorney who is representing Nelson, says that if the INS
wins the case, it will mark a significant change in policy, as the I-551 stamp
is currently treated as the equivalent of a green card.
*********
As the deadline for Special Registration for citizens of
Pakistan
and
Saudi
Arabia
nears, C
ana
dian
officials say that the number of Pakistanis making asylum claims there has
risen. In fact, the C
ana
dian
government has issued procedures directing port of entry personnel to return
applicants to the
US
if they do not have the resources to keep up with the number of applicants.
Because many of these people are out of status, being returned to the US means
they could end up being detained by the INS, and will be unable to pursue their
application in C
ana
da.
*********
This week a 17-year-old boy became the first unaccompanied minor among those who
arrived from
Haiti
in a dramatic landing last October to win asylum in the
US
.
So far, of the 202 asylum applications filed, 74 have been denied, while only
eight cases have been granted. Of the successful applicants, six had legal
representation.
*********
The city of
Seattle
recently adopted a new policy prohibiting city employees from asking about the
immigration status of anyone they come in contact with. Other cities have had
similar policies for decades, concerned that without it immigrants would
hesitate to seek police help or other services to which they are entitled, but
this one was prompted by disagreement with the measures taken by the Bush
administration in the fight against terrorism.
********
This week INS Commissioner Michael Garcia conducted a public outreach campaign
to spread the work to those eligible for benefits that the LIFE Legalization
program application period will end
June
4, 2003
.
Those who can benefit must have entered the
US
before
January
1, 1982
and resided in continuous unlawful status through
May
4, 1988
.
They must have also filed for membership in one of the three class action
lawsuits challenging the way the INS interpreted various rules dealing with the
1986 amnesty. Officials estimate that 200,000 people are eligible for permanent
residency under the program, but only about 55,000 have applied.
*********
A recent poll from the Gallup Organization shows that 65 percent of those who
responded said they were dissatisfied with the current level of immigration to
the
US
.
Interestingly, the older the respondents, the more likely they were to express
this opinion. Among those 18 to 29, 40 percent were satisfied, between 30 and
65, only 25 percent were, and among those over 65, only 18 percent support
current immigration levels. Since 2001, support for current levels of
immigration has gone down steadily.
*********
In a move that disturbs educators and immigration advocates, the FBI has been
enlisting members of university campus police forces in the war on terrorism,
making a number of them members of local Joint Terrorism Task Forces. Those
opposed to such cooperation point to the illegal activities the FBI engaged in
on campuses during the civil rights and
Vietnam
protest movements. Supporters say that the FBI operates under closer scrutiny
than in past decades, and that such cooperation in a necessary national security
measure.
*********
A former INS inspector was convicted in
New
York
last week on charges of tax evasion and impersonating an INS official. Tin Yat
Chin lost his job with the INS after he was convicted of extortion in 1993 after
shaking down asylum applicants from
China
.
In his latest scheme, he was found to have posed as an INS lawyer and for a
$25,000 fee, promised to help people get green cards. None of those who paid him
ever obtained legal residence in the
US
.
*********
Sabri Samirah, a leader of the Muslim community in Chicago and applicant for
permanent residency, was recently denied permission to return to the
US
after visiting family in
Jordan
.
He says INS officials at the airport in
Dublin
,
Ireland
detained him and after about 10 minutes told him that the INS director in
Chicago
revoked his advance parole document – his permission to reenter the
US
.
Samirah has been active in groups the
US
government claims have ties to Hamas, and says the government has repeated tried
to get him out of the country. Advance parole is no guarantee that a person will
be allowed to reenter the
US
,
but it is rare that a person with it is denied reentry.
*********
This week SEVIS, the new student tracking system, goes into effect, along with
new rules governing student status. One of the new rules deals with when
students can work after completing their studies, called Optional Practical
Training. Under the new rules, students must apply for permission to work before
completing their studies, while before, the application could be made up to 60
days after. The INS announced this week that students who completed their
studies before
January
1, 2003
can still apply for OPT up to 60 days after.
*********
The League of United Latin American Citizens (LULAC) has called for the Justice
Department to investigate the death of a Mexican immigrant who was shot by
police in
San
Marcos
,
Texas
.
Last month a grand jury concluded there was not sufficient evidence to charge
the two officers involved. According to the police report on the incident, the
officers answered a call from a store where a robbery was occurring. When they
arrived, the immigrant was in his car, and attempted to run them over.
Eyewitness, however, say that the car was driving slowly and that it did not
appear that there was any intent to harm the officers. The officers fired 20
shots, five of which hit the immigrant.
*********
This week about 20,000 people from Southeast Asian countries became eligible to
apply for permanent residency, although only 5,000 green cards will be
available. Those eligible under the program are citizens of
Cambodia
,
Laos
and
Vietnam
who entered the
US
as parolees. A parolee is a person who is allowed to enter the
US
for special emergency, humanitarian or public interest reasons. During the late
1980s, thousands of people fled the region for the
US
,
and then Attorney General Edwin Meese instituted the parole program. Two years
ago, a law was passed to allow 5,000 of these people to apply for green cards.
To be eligible, the person must be from one of the three countries, have been
paroled into the
US
before
October
1, 1997
,
and have been physically present in the
US
on that day.
