LATEST IMMIGRATION NEWS
Last updated: Saturday, June 30, 2001
Presentation © Copyright 1998-2001. VIKRAM BADRINATH, P.C. All rights reserved.
JUNE 2001
In Zadvydas v. Davis, 99-7791 and Ashcroft v. Ma, 00-38, the Supreme Court holds that the INS cannot indefinitely detain individuals who have been ordered deported but cannot be removed in the foreseeable future.
This is a practice advisory written by AILF Legal Action Center and other organizations, advising on the impact of the recent Supreme Court decisions concerning federal court jurisdiction and the availability of § 212(c) relief. The cases are INS v. St. Cyr and Calcano-Martinez v. INS, issued on Monday, June 25.
U.S. INS indicates that the H-1B petition should be filed by the company that actually controls the employee's work when the employee is paid by a 'professional employer organization' that issues paychecks and handles administration. Courtesy of Kari Ann Woodward.
The Supreme Court, in its St. Cyr and Calcano decisions, upholds the right of individuals to seek habeas review of final removal orders, even if the cases involve criminal convictions.
The Legislative Update is a list of immigration-related bills in the first session of the 107th Congress. The list is organized by topic, with Senate bills listed first and will be updated on a regular basis.
The U.S. INS releases its long-awaited guidance on implementation of the American Competitiveness in the Twenty First Century Act.
AILA Issue Paper on Mandatory and Indefinite Detention. Freely Distributable. (Revised 6/2001).
Issue Paper on principles for INS reform. Freely Distributable. (Revised 6/2001).
Issue Paper on Updating the Registry Date. Freely Distributable. (Revised 6/2001).
Issue Paper on where to place inspections in a reorganized INS. Freely distributable. (Revised 6/2001).
Issue Paper supporting immigration for Essential Workers. Freely Distributable. (Revised 6/2001)
AILA Issue Paper on Section 245(i) Restoration. Freely Distributable. (Revised 6/2001).
AILA Issue Paper on Reform of IIRAIRA and other 1996 Laws. Freely distributable. (Revised 6/2001).
Interim Rule, effective 6/15/01, removes Russia from the list of countries that are ineligible to transit without visa (TWOV) that was published on 1/5/01 at 66 FR 1033. Written comments may be submitted 60 days from 8/14/01. (66 FR 32540, 6/15/01)
U.S. INS announces removing Russia from the list of countries whose citizens or nationals are ineligible for Transit Without Visa (TWOV) Privileges to the United States. Interim rule effective 6/15/01. (66 FR 32529, 6/15/01)
In light of recently enacted legislation, DOS amends its regulations to add new immigrant and nonimmigrant symbols (BC1, BC2, BC3, T1, T2, U1, U2, V1, V2, V3, K3, K4) to the classification tables. This rule takes effect 6/18/01. (66 FR 32740, 6/18/01)
HHS announces that asylees will receive unrestricted social security cards, and no longer need an EAD to apply for a social security number. (Corrected)
U.S. INS reports, that as of 5/23/01, approximately 117,000 H-1B workers have been approved against the 195,000 limit for FY 2001, which ends 9/30/01. INS estimates that another 40,000 pending petitions may be counted against the cap.
U.S. INS Press Release announces that EOIR and INS lift conditional status for certain FY 2000 asylum grants based on coercive population control policies.
The House has approved a bill that extends Section 245(i) for only four months and creates new restrictions on eligibility. A bipartisan bill in the Senate, S. 778, would grant a one-year extension with no additional restrictions.
The Bureau of Justice Assistance (BJA) announces the availability of State Criminal Alien Assistance Program (SCAAP) funding for FY 2001. Applications are accepted from 6/5/01 to 7/16/01, or via internet through 7/2/01. (66 FR 31694, 6/12/01)
The State Dept. reminds posts of procedures for visa refusals, particularly noting that applications should not be denied on substantive grounds without an interview and that applicants should be advised of the grounds of refusal.
This is an advisory for all aliens may be eligible to reopen their cases to apply for 212(c) relief under pre-AEDPA law, under regulations issued to reverse the AG's Soriano decision.
DOS cable on AC21 section 106 includes advice to posts on issuance of H-1B visas for extensions of stay beyond six years, and advice on handling immigrant petition/labor certification portability issues.
The State Dept. advises posts of the publicity surrounding INS' premium processing program, and indicates that consular officers have no obligation to change their visa processing if an applicant used INS' program, since the program is only for the petition process.
U.S. INS publishes its long-awaited interim regulations implementing the H-1C nurses program. (66 FR 31107, 6/11/01)
State Department finalizes a regulation requiring, with certain exceptions, that both parents execute a passport application on behalf of a child under age 14. (66 FR 29904, 6/4/01)
U.S. INS press release announces a premium processing service beginning 6/1/01. Details and instructions for premium processing are provided
U.S. INS provides an overview explaining premium processing, giving instructions on how to apply, enumerating eligible petitions and applications, and listing cases that may receive expedited processing without premium processing
The U.S. INS advises the field that humanitarian parole authority is being transferred back to the INS Headquarters Office of International Affairs from the 3 overseas district offices to which the authority had been delegated in 1992.
U.S. INS issues regulations starting the 1-year application period under LIFE for adjustment of status of persons subject to any one of three 'late legalization' lawsuits related to IRCA legalization, and implementing LIFE family unity provisions. (66 FR 29661, 6/1/01)
U.S. INS Q & A focuses on identifying the full names of the lawsuits that are addressed by Life Legalization, as well as issues relating to work authorization, travel, and Family Unity benefits.
U.S. INS announces and explains implementation of Legalization Provision of the LIFE Act for applicants of CSS, LULAC, and Zambrano. An estimated 440,000 individuals may be eligible to apply. Details on eligibility and how to file are also provided.
U.S. INS announces that it published a regulation that provides relief to certain persons who previously were not eligible for NACARA/ HRIFA, because they were ordered removed from the U.S. Eligible cases must be reopened on or before 6/19/01.
Link to Form I-907 and instructions on U.S. INS website.
This rule implements the changes (removing certain barriers that existed prior to LIFE) that the LIFE Act and amendments made to NACARA and HRIFA. (66 FR 29449, 5/31/01)
Effective 6/1/0, I-129 petitioners in all categories except H-1B, TN and R, can request 15-day processing for a $1,000 additional fee. H-1Bs, TNs and Rs will be added 7/31/01. The necessary form will be posted as soon as it is available. (66 FR 29682, 6/1/01)
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