President
Signs Homeland Security Legislation (11/25/02)
President Bush signed into law the Homeland Security Act of 2002 on November 25. The measure will bring together nearly 22 agencies or agency components overall into a new Department of Homeland Security that would have an estimated 170,000 employees. Among other things, the INS enforcement functions, including Border Patrol, detention and removal, intelligence, investigations, and inspections, are expected to be located in a bureau within the new department's Directorate of Border and Transportation Security. INS "service" (as opposed to border control or enforcement) functions, however, will be transferred from the INS to a new Bureau of Citizenship and Immigration Services. Such service-related functions would include adjudications of immigrant visa petitions, naturalization petitions, asylum and refugee applications, adjudications performed at INS Service Centers, and all other adjudications performed by the INS before the effective date of the measure.
INS Designates Class of Aliens Arriving by Sea for Expedited Removal Proceedings (11/15/02)
The U.S. Immigration and Naturalization Service (INS) issued a notice, effective November 13, 2002, that authorizes the agency to place in expedited removal proceedings certain aliens arriving in the U.S. The newly designated class, which constitutes the first designation of an additional class of aliens who may be placed in removal proceedings, includes aliens arriving by sea, either by boat or other means, who are not admitted or paroled into the U.S. and who have not been physically present continuously for a two-year period before the determination of inadmissibility under the notice. Aliens falling within the class who are placed in expedited removal proceedings will be detained during the course of the proceedings, subject to humanitarian parole exceptions.
INS Issues Notice Requiring Certain Nonimmigrants to Register by December 16 (11/11/02)
The U.S. Immigration and Naturalization Service (INS) issued a notice on November 6, 2002, requiring certain nonimmigrants to appear before, register with, and provide requested information to the INS by December 16, 2002. The requirement applies to certain nonimmigrants from one of the countries designated in the notice (Iran, Iraq, Libya, Sudan, or Syria) who were last admitted to the U.S. on or before September 10, 2002, and who will remain in the U.S. until at least December 16, 2002. Among those excluded from the requirement are permanent residents and asylum applicants who applied for asylum by November 6, 2002, or who have been granted asylum.
Asylees, Refugees Authorized to Work Regardless of Possession of EAD, INS Notes (11/4/02)
In recent correspondence, the U.S. Immigration and Naturalization Service (INS) reiterated that Asylees, refugees, and lawful permanent residents are authorized to work incident to their status, and therefore are authorized to work indefinitely. The INS made the clarification in a letter faxed on October 18, 2002, from Bruce Friedman, INS Special Policy Counsel, to attorney Julie Marion, of Chicago, Illinois. Mr. Friedman explained that such aliens are authorized to work even if they have not applied to the INS for an employment authorization document (EAD). In the event that an asylee or refugee does not possess an EAD, it is "perfectly acceptable for the individual to write, 'N/A-asylee' or 'N/A-refugee,' on the line next to box 3 in Section 1 of the INS Form I-9," Mr. Friedman said, adding that doing so will not subject the employer to administrative sanctions. If an employer refuses to employ an asylee or refugee who presents an unrestricted Social Security card and a driver's license because the individual cannot provide an expiration date for box 3 in Section 1 of the I-9, Mr. Friedman explained, "such conduct may violate the INA, and subject the employer to back pay and civil penalties."
INS Reminds Eligible Salvadorans to Re-register for Temporary Protected Status (10/31/02)
The U.S. Immigration and Naturalization Service (INS) has reminded Salvadorans eligible for temporary protected status (TPS) that they must re-register by November 12, 2002, to maintain TPS and employment authorization for the 12-month period that ends on September 9, 2003. Salvadorans currently registered for TPS who desire an extension must re-register by filing both the TPS application (Form I-821) and an application for employment authorization (Form I-765) with the appropriate INS Service Center. There is no fee for the Form I-821, but most employment authorization applicants must send a $120 fee. The I-765 is still required even if the applicant does not need employment authorization, but in such cases no fee is required.
President Bush signed into law the Homeland Security Act of 2002 on November 25. The measure will bring together nearly 22 agencies or agency components overall into a new Department of Homeland Security that would have an estimated 170,000 employees. Among other things, the INS enforcement functions, including Border Patrol, detention and removal, intelligence, investigations, and inspections, are expected to be located in a bureau within the new department's Directorate of Border and Transportation Security. INS "service" (as opposed to border control or enforcement) functions, however, will be transferred from the INS to a new Bureau of Citizenship and Immigration Services. Such service-related functions would include adjudications of immigrant visa petitions, naturalization petitions, asylum and refugee applications, adjudications performed at INS Service Centers, and all other adjudications performed by the INS before the effective date of the measure.
INS Designates Class of Aliens Arriving by Sea for Expedited Removal Proceedings (11/15/02)
The U.S. Immigration and Naturalization Service (INS) issued a notice, effective November 13, 2002, that authorizes the agency to place in expedited removal proceedings certain aliens arriving in the U.S. The newly designated class, which constitutes the first designation of an additional class of aliens who may be placed in removal proceedings, includes aliens arriving by sea, either by boat or other means, who are not admitted or paroled into the U.S. and who have not been physically present continuously for a two-year period before the determination of inadmissibility under the notice. Aliens falling within the class who are placed in expedited removal proceedings will be detained during the course of the proceedings, subject to humanitarian parole exceptions.
INS Issues Notice Requiring Certain Nonimmigrants to Register by December 16 (11/11/02)
The U.S. Immigration and Naturalization Service (INS) issued a notice on November 6, 2002, requiring certain nonimmigrants to appear before, register with, and provide requested information to the INS by December 16, 2002. The requirement applies to certain nonimmigrants from one of the countries designated in the notice (Iran, Iraq, Libya, Sudan, or Syria) who were last admitted to the U.S. on or before September 10, 2002, and who will remain in the U.S. until at least December 16, 2002. Among those excluded from the requirement are permanent residents and asylum applicants who applied for asylum by November 6, 2002, or who have been granted asylum.
Asylees, Refugees Authorized to Work Regardless of Possession of EAD, INS Notes (11/4/02)
In recent correspondence, the U.S. Immigration and Naturalization Service (INS) reiterated that Asylees, refugees, and lawful permanent residents are authorized to work incident to their status, and therefore are authorized to work indefinitely. The INS made the clarification in a letter faxed on October 18, 2002, from Bruce Friedman, INS Special Policy Counsel, to attorney Julie Marion, of Chicago, Illinois. Mr. Friedman explained that such aliens are authorized to work even if they have not applied to the INS for an employment authorization document (EAD). In the event that an asylee or refugee does not possess an EAD, it is "perfectly acceptable for the individual to write, 'N/A-asylee' or 'N/A-refugee,' on the line next to box 3 in Section 1 of the INS Form I-9," Mr. Friedman said, adding that doing so will not subject the employer to administrative sanctions. If an employer refuses to employ an asylee or refugee who presents an unrestricted Social Security card and a driver's license because the individual cannot provide an expiration date for box 3 in Section 1 of the I-9, Mr. Friedman explained, "such conduct may violate the INA, and subject the employer to back pay and civil penalties."
INS Reminds Eligible Salvadorans to Re-register for Temporary Protected Status (10/31/02)
The U.S. Immigration and Naturalization Service (INS) has reminded Salvadorans eligible for temporary protected status (TPS) that they must re-register by November 12, 2002, to maintain TPS and employment authorization for the 12-month period that ends on September 9, 2003. Salvadorans currently registered for TPS who desire an extension must re-register by filing both the TPS application (Form I-821) and an application for employment authorization (Form I-765) with the appropriate INS Service Center. There is no fee for the Form I-821, but most employment authorization applicants must send a $120 fee. The I-765 is still required even if the applicant does not need employment authorization, but in such cases no fee is required.