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Immigration Laws and Updates October 2001

Readers are encouraged to search for more information in public law issue under the Illegal Immigration Reform and Immigrant Responsibility Act. Some information provided by West Group Inc. Information below should not be construed as legal advice, if you need legal advice consult with an attorney.

Senate Judiciary Committee Approves Four Bills

December 17, 2001

The U.S. Senate Judiciary Committee marked up and approved four immigration-related measures by voice vote during a December 13, 2001, executive session, including a bill extending the eligibility for refugee status of certain relatives of Vietnamese refugees, a bill to expand the list of potential sponsors for alien admission into the U.S., and two bills providing work authorization for the spouses of certain nonimmigrant visa holders. All four bills passed the House of Representatives earlier this year and, as amended during the markup, will now go to the Senate floor for approval.


INS Commissioner Ziglar Announces Data Sharing Arrangement with FBI, Other Security Measures

December 17, 2001

U.S. Immigration and Naturalization Service (INS) Commissioner James Ziglar recently announced that the INS is now sending to the Federal Bureau of Investigation (FBI) the names of more than 300,000 aliens who remain in the U.S. despite prior deportation or removal orders, for inclusion in the FBI's National Crime Information Center (NCIC) database.


State Dept. Releases Visa Numbers for January; Mexico Family First Pref May Be Unavailable in February

December 17, 2001

The U.S. State Department has released the immigrant visa numbers for January 2002. The Department reported that allocations in the Mexico family first preference category are approaching the fiscal year 2002 annual limit. Continued heavy applicant demand, particularly for adjustment of status cases at U.S. Immigration and Naturalization Service (INS) offices, is likely to require that this category become "Unavailable" beginning in February. For details, see the December 17, 2001, issue of Interpreter Releases. The Visa Bulletin, including the monthly chart, may be obtained via the Internet.


President Releases FY 2002
U.S. Refugee Admissions Numbers

December 17, 2001

President Bush has issued a Presidential Determination authorizing the admission of up to 70,000 refugees to the U.S. during fiscal year (FY) 2002. The determination sets forth the following allocations: Africa: 22,000; East Asia: 4,000 (to include Amerasians and family members); Eastern Europe: 9,000; former Soviet Union: 17,000 (to include aliens admitted who were nationals of the Soviet Union, or in the case of persons having no nationality, who were habitual residents of the former Soviet Union, before September 2, 1991); Latin America/Caribbean: 3,000; and Near East/South Asia: 15,000.


DOJ Orders Incentives, 'Voluntary' Interviews of Aliens to Obtain Info on Terrorists; Foreign Students, Visa Processing Under State Dept. Scrutiny

December 03, 2001

Pursuant to the Bush administration's ongoing response to the terrorist attacks of September 11, 2001, and related concerns, the U.S. Department of Justice (DOJ) has issued several new memoranda as part of its effort to track down terrorists. Specifically, Attorney General John Ashcroft issued a memorandum on new incentives, including possible "S" nonimmigrant status, to be provided to aliens willing to cooperate with the U.S. government by providing information relating to terrorists and terrorism. Also, Deputy Attorney General Larry D. Thompson issued guidelines for voluntary interviews of up to 5,000 aliens from countries suspected of harboring relatively large numbers of terrorists. In addition, Chief Immigration Judge (IJ) Michael Creppy sent a memo to all IJs and Immigration Court Administrators containing special procedures for cases requiring additional security. Finally, the State Department has slowed, temporarily, the process for granting visas to young men from Arab and Muslim nations, and has stepped up scrutiny of student visa issuances.


Ashcroft Announces Justice Department Reorganization

December 03, 2001

U.S. Attorney General John Ashcroft has announced a comprehensive review and reorganization of the Department of Justice (DOJ). Attorney General Ashcroft's memorandum for the heads of DOJ components stated that the agency's mission is "to protect American Constitutional rights from threats, foreign and domestic, that would rob us [of] our basic liberties." The "wartime reorganization" would, among other things, realign the DOJ to focus on counterterrorism efforts, and send thousands of headquarters employees to offices in the field. In light of the terrorist threat following the September 11 terrorist attacks on the U.S., the fight against terrorism is now the DOJ's "first and overriding priority," the memo states. The DOJ's strategic plan for fiscal years 2001â€"2006 contemplates realignment of the agency's resources. Attorney General Ashcroft has asked the Deputy Attorney General to lead the effort to develop and implement appropriate measures to accomplish the new goals, with the assistance of the Strategic Management Council.


New Law Requires Airport Security
Screeners to be U.S. Citizens

December 03, 2001

U.S. President Bush, on November 19, 2001, signed comprehensive aviation security legislation that would, among other things, federalize airport security screeners for two years, after a one-year transition period. Thereafter, airports would have the choice of opting out of the federalized system and using screeners of their choosing. Two immigration-related provisions within the legislation are worthy of note. Section 111 of the Aviation and Transportation Security Act provides that within 30 days of enactment, the Under Secretary of Transportation for Security must establish qualification standards for individuals to be hired as federal security screeners. Such standards will require, among other things, that individuals hired for the position be U.S. citizens, undergo background investigations, and be able to read, speak, and write English at a level sufficient to carry out the designated activities.


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