This is part 5 of a 5 part document. This newsletter is never sent out unsolicited. UNSUBSCRIBE instructions can be found at http://www.visalaw.com/subscribe2.html. The complete newsletter will also be posted shortly at http://www.visalaw.com/bulletin/ if you do not receive each part. Please do not send requests to resend individual parts. _______________________________________ THIS NEWSLETTER PART CONTAINS THE FOLLOWING ARTICLES: 30. NEW CALIFORNIA GOVERNOR FAVORS PRENATAL CARE FOR ILLEGAL IMMIGRANT MOTHERS 31. ILLINOIS LATEST STATE TO EXTEND ADDITIONAL WELFARE BENEFITS TO IMMIGRANTS 32. NEW RULE ON REFUGEE RESETTLEMENT PROGRAM PROPOSED 33. IMMIGRANT CHILDREN FARE WELL IN CALIFORNIA'S ENGLISH ONLY SCHOOLS 33. BOSTON AREA STING OPERATION NETS MANY CAPE VERDEANS 34. UNSUCCESSFUL AMNESTY APPLICANTS STILL SEEKING GREEN CARDS 35. INS INVESTIGATES POSSIBLE FRAUD AT IMMIGRATION SERVICES COMPANY 36. U.S. DENIES ENTRY TO FORMER RUSSIAN DEPUTY PRIME MINISTER 37. WINTER FREEZE LEAVES MEXICAN CITRUS WORKERS IN UNCERTAIN STATUS 38. SIKH LEADER'S VISA REVOKED 39. EIGHT COUNTRIES ADDED TO THE VISA WAIVER PILOT PROGRAM 40. INS PREPARES TO CRACK DOWN ON MEAT PROCESSING EMPLOYERS 41. BORDER PATROL AGENT BEGINS SUIT AGAINST AGENCY FOR RACIALLY MOTIVATED STOP 42. IMMIGRATION AND THE INTERNET: INS WEB PAGE MISSES CUSTOMER SERVICE MARK 43. STATE DEPARTMENT REVISES LIST OF E-1 TREATY TRADER AND E-2 INVESTOR COUNTRIES 44. NON-PROFIT CORNER: HUMAN RIGHTS WATCH _______________________________________ 30. NEW CALIFORNIA GOVERNOR FAVORS PRENATAL CARE FOR ILLEGAL IMMIGRANT MOTHERS In November, we reported on how immigrants made the difference in electing Gray Davis as the first Democrat governor of California in 16 years. Now the differences between his positions and those of former Governor Pete Wilson on immigration issues are becoming apparent. The latest example involves health care for immigrants. Governor Wilson tried to cut the $60 million provision in the state budget that goes to provide prenatal care to pregnant illegal immigrants, Governor Davis supports the provision. Wilson had been fighting a court battle to remove the provision from the state budget, with the trial court ordering that the payments be made. The state had appealed, but sources say that with Davis in office, the appeal is likely to be dropped. Denise Ducheny, a member of the California state legislature, estimates that for every dollar the state spends on prenatal care for illegal immigrants it saves three dollars in medical treatment it would have to otherwise provide to the U.S. citizen children. Rod Pacheco, the first Hispanic leader of the Republican caucus in the state legislature, has broken with conservatives in his party and announced his support for the provision, saying, "the overarching facet for me is the humanitarian side of it." Also in California, immigrant advocacy groups are challenging former Governor Wilson's cutoff of federal housing aid programs for illegal immigrants. The programs include projects to remove lead paint, to provide assistance with utility bills, to provide weatherization to make homes safer and more energy efficient, and various community service programs. _______________________________________ 31. ILLINOIS LATEST STATE TO EXTEND ADDITIONAL WELFARE BENEFITS TO IMMIGRANTS The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) denied federal welfare benefits to legal permanent residents. The rule was slightly relaxed last summer when food stamp benefits were extended to children, the disabled and elderly immigrants. Even after this change, there is much room for state intervention, and many states have acted to extend benefits to immigrants not covered under federal law. A new program of the Illinois Department of Human Services will extend benefits to 7,500 parents and 1,500 seniors who are legal permanent residents. In order to qualify, the parents must have children who are receiving federal benefits, and the seniors must be between the ages of 60 and 64 (those 65 and over receive federal benefits). Applicants must also have been legal permanent residents as of August 22, 1996. Many of those covered have filed applications for citizenship, which would make them eligible for federal benefits, but because of the current backlog at the INS, many of them will not be processed for years. The state has also started programs to provide cash assistance to legal permanent residents over 65 and one to provide support for immigrant victims of domestic violence. _______________________________________ 32. NEW RULE ON REFUGEE RESETTLEMENT PROGRAM PROPOSED The Office of Refugee Resettlement (ORR) has issued a proposed rule amending current rules governing refugee cash and medical assistance. The comment period ends on March 9, 1999. Under the program as currently administered, state welfare agencies administered refugee cash assistance for those refugees who do not otherwise qualify for federal assistance under their Aid for Families with Dependent Children (AFDC) programs. 1996 welfare reform laws limited the time refugees could receive these benefits to eight months. In light of this change, and other changes that make it easier of refugee families to qualify for federal assistance, the ORR has decided that the cash assistance program should be administered through private refugee assistance organizations responsible for helping refugees settle when they first arrive in the U.S. States will have the opportunity to opt out of the new program if it can show a good faith effort to coordinate the program with a private organization that failed because the organization was unwilling or such a program would not have been in the best interests of immigrants in the state. There are also three proposed changes to the refugee medical assistance program. First, the refugee's eligibility will be determined on the date of application, not an average of income over the processing period. Second, the states would be given the option of determining eligibility using the higher standard of 200% of current federal poverty guidelines. Third, refugees in the U.S. for less than eight months who have lost their Medicaid eligibility because of a rise in income will still be eligible for refugee medical assistance without requiring another determination of eligibility. _______________________________________ 33. BOSTON AREA STING OPERATION NETS MANY CAPE VERDEANS Responding to a crime wave that local law enforcement attributes to gangs of Cape Verdean youths, a pre-dawn sting operation was organized. The sting resulted in the detention of 19 Cape Verdeans, all but one of who is in his teens or 20s. According to the INS, all of the youths detained for deportation have been convicted of serious felonies such as gun possession and drug trafficking. Authorities trace the rising violence within the Cape Verdean community was a murder in 1996. Both the victim, Bobby Mendes, and the alleged perpetrator, Nardo Lopes, were members of the same extended family, which has now apparently split into two factions, one supporting Lopes, who is still being sought by police, and one that condemns him. There are currently about 140,000 Cape Verdeans living in the Boston area. _______________________________________ 34. UNSUCCESSFUL AMNESTY APPLICANTS STILL SEEKING GREEN CARDS Eighteen thousand immigrants in Las Vegas whose claims for late amnesty were denied and whose work authorization was revoked are the focus of a broad-based community effort to change immigration law. The bishop of the Las Vegas diocese, a local union, Rafael Vega, honorary consul to Mexico and the organization Fair Treatment for Immigrants have banded together in an effort to gain an audience with President Clinton to discuss changing the law. The coalition has already gained the support of Senator Harry Reid (D-Nev.), the Senate Minority Whip. A spokesperson from his office says the Senator is ready to meet with the group when they come to Washington, D.C. About 350,000 immigrants nationwide were similarly affected, and all of them are now in the country illegally and subject to deportation. The INS says it is not going to look for illegal immigrants because it lacks the officers in the field and the resources to send them to their native country, but if any illegal immigrant does come to their attention, they will begin deportation proceedings. _______________________________________ 35. INS INVESTIGATES POSSIBLE FRAUD AT IMMIGRATION SERVICES COMPANY AIS, Inc., a Washington, D.C. area business formerly known as American Immigration Services, is being investigated by the Baltimore, MD INS office. The INS suspects the company is improperly using its investor visa program to obtain green cards for its clients. Under the investor visa program, a person can obtain an immigrant visa by investing $1 million (or $500,000 in certain circumstances) and creating 10 full time jobs in the U.S. The company offers a "risk-free" process by which the immigrant puts up $135,000 and arranges to borrow the rest. AIS guarantees the return of the investment costs. According to an INS internal memo discovered by The Washington Post, the majority of petitions submitted by AIS are based on "paper investments" at best. The investor visa program requires that the invested money truly be at risk. AIS blames the current problems on the frequent changes to the investor visa regulations. Among the board members of AIS are Prescott Bush, brother of former President Bush and chairman of the U.S.-China Chamber of Commerce, former assistant Secretaries of State William Clark, Jr. and Richard W. Murphy, and retired ambassadors Stephen W. Bosworth and Jack F. Matlock. _______________________________________ 36. U.S. DENIES ENTRY TO FORMER RUSSIAN DEPUTY PRIME MINISTER Alfred Kohl, the former Chairman of the State Property Commission, the Russian ministry charged with privatizing the Russian economy, was denied entry to the United States on December 23. The INS declined to give a reason. Kohl held his position as Chairman from September 1996 to August 1997 when he resigned. He then served as a deputy prime minister until March of 1998. Under Kohl's administration of the State Property Commission a small group of banks and individuals were able to take charge of several desirable businesses in the energy and metals sector. In May of 1998 the Moscow prosecutor's office brought charges of embezzlement against Kohl, making him one of the highest ranking officials of post-Soviet Russia to be charged with criminal corruption. He has also come under fire for accepting a $90,000 advance for a book about privatization, a huge sum in Russia where millions live below the poverty level. _______________________________________ 37. WINTER FREEZE LEAVES MEXICAN CITRUS WORKERS IN UNCERTAIN STATUS A study at the University of California at Berkeley based on Department of Labor statistics estimates that 43% of citrus workers in California are undocumented aliens. Winter weather frequently makes life for these people very difficult since they are unable to work, unable to make money, and lack access to public assistance. Furthermore, being considered a "public charge" makes one ineligible for immigration. The INS has said that it would look at receipt of one-time weather related government assistance differently than habitual use of welfare, but immigrant advocates fault the absence of a clear statement of what effect weather related aid would have. _______________________________________ 38. SIKH LEADER'S VISA REVOKED The State Department has revoked the visa of Bhai Ranjit Singh, the leader of the Sikh religion. He had been scheduled to visit Silver Springs, MD in January. According to a Sikh leader in the area, Rajwant Singh, the government revoked Bhai Singh's visa because of his conviction in 1980, in India, of the murder of the head of a rival sect. The Indian government granted him a full pardon in 1997. According to the United News of India news agency, the visa was revoked because U.S. security feared the visit would cause trouble between moderate and conservative branches of the Sikh religion. Bhai Singh released an edict in 1998 requiring members to sit on the temple floor during meals, rather than on chairs at tables. According to Rajwant Singh, the practice of sitting at tables, rather than on the floor as is traditional in India, is common in older Sikh congregations in the U.S. and Canada. Violent reaction to the edict occurred in Florida, California and British Columbia, in which at least two people died. Part of the reason for Bhai Singh's planned visit was to help resolve the tensions created by the edict. It was scheduled for the Washington, D.C. area, said local Sikh leaders, because all the temples in that area practice the traditional custom of sitting on the floor. _______________________________________ 39. EIGHT COUNTRIES ADDED TO THE VISA WAIVER PILOT PROGRAM A final rule adopted January 4, 1999 eliminated the probationary status of 17 countries participating in the Visa Waiver Pilot Program and made them full participants. The Visa Waiver Pilot Program allows nationals of participating countries to enter the United States for a period of up to 90 days, for business or pleasure, without obtaining a visa. Probationary status was lifted for Andorra, Argentina, Belgium, Brunei, Denmark, Finland, Iceland, Ireland, Liechtenstein, Luxembourg, Monaco, New Zealand, Norway, San Marino, Slovenia and Spain. They join the United Kingdom, Japan, France, Switzerland, Germany, Sweden, Italy and the Netherlands, for a total of 25 countries. _______________________________________ 40. INS PREPARES TO CRACK DOWN ON MEAT PROCESSING EMPLOYERS As part of Operation Vanguard, the INS program designed to ensure compliance with immigrant employment laws among the meat-processing industry in Nebraska and Iowa, more than 100 subpoenas have been filed, requesting that employers turn over all employment records so they may be verified against government records. According to the INS, as many as 25% of those working in the meat-processing industry may be illegal immigrants. The new program is part of an attempt to find more effective and more discrete means of enforcing employment laws than raids and arrests. If the program is successful, it may be expanded to cover the meat-processing industry nationwide. In an unusual turn of events, organizations that usually take opposing positions find themselves united in disagreement with Operation Vanguard. The meatpacking industry is unhappy about the extra burden, especially as it comes at a time when there is a massive backlog in the industry and every available worker is needed. Immigrant advocacy groups feel the program is anti-immigrant, and that a better use of resources would be to make an effort to legalize the status of those working in the industry. _______________________________________ 41. BORDER PATROL AGENT BEGINS SUIT AGAINST AGENCY FOR RACIALLY MOTIVATED STOP Armando Ayala, a U.S. citizen and 19 year veteran of the U.S. Border Patrol filed a claim against the agency January 15, 1999, the first step in a suit against the government. The basis of his claim is an incident that occurred on January 4th when Ayala was stopped by the Border Patrol - for the seventh time - and asked his citizenship. This time, however, unlike previous encounters, when Ayala responded "U.S." the other agent proceeded to attempt to search his car until Ayala protested. According to Charles Newcomer, president of the National Border Patrol Council Local 2544, the local Tucson union, the suit is not likely to cause any significant tension, saying "everybody has the same civil rights, and if this agent feels he was wronged, he has every right in the world to file charges." _______________________________________ 42. IMMIGRATION AND THE INTERNET: INS WEB PAGE MISSES CUSTOMER SERVICE MARK One of the more distressing tasks we deal with as immigration lawyers is hearing about deplorable treatment immigrant receive by workers of the Immigration and Naturalization Service. The problem of abusive treatment of the INS's customers seems to be getting worse despite Commissioner Meissner's statements to the contrary. Last year Commissioner Meissner launched an initiative to improve customer service. Unfortunately, the effort seems to be half-hearted if the agency's web page can be used as a barometer. Not only were we unable to locate any information on reporting complaints to the agency, we could not even find a general phone number for the INS or an e-mail address. The clear message from the site is "We don't want to hear your complaints and we want to make this process as difficult as possible for you." At the very least, the INS should have a contact page linked on the front page of the site. That page should have addresses and phone numbers for local INS offices, the address of INS headquarters, telephone numbers for information and an e-mail address to send questions. The site should also contain the same complaint reporting information available on bulletin boards at local INS offices. A sizable portion of the immigrant population in America lacks easy access to a local INS office so the web site is crucial for them to get information on the immigration system. By the way, buried in the back of the INS' new Naturalization Guide is the following information on INS Customer Service Standards (though it is specific to naturalization, the principals should apply across the board): "You should expect INS staff to be: - professional - courteous - knowledgeable You should expect the naturalization process to be: - Fair - Consistent - Timely You should expect information on the naturalization process and on the status of your application to be: - Accurate - Readily available INS also expects certain things from you. You should: - Treat INS employees with courtesy - Read and follow the instructions on your application - Read and follow the instructions on your application - Be prepared at each step of the process Making a Customer Service Complaint INS realizes that in some offices it is taking a long time to process applications. We are currently at reducing processing times. If you have a complaint about the way that an INS employee treated you, you should speak with that employee's direct supervisor if possible. If your complaint is not addressed or you could not speak with the supervisor, you may write a letter to the Director of your District Office. Filing a complaint will not affect your eligibility for naturalization. You can also use the "Report of Complaint" (Form I-847). This form is a pre-addressed postcard that is sent to INS Headquarters in Washington, DC. You may order the I-847 form from the INS Forms Line (1-800-870-3676)." Of course, the INS web site contains no information on ordering or downloading this form or even that such a form exists. _______________________________________ 43. STATE DEPARTMENT REVISES LIST OF E-1 TREATY TRADER AND E-2 INVESTOR COUNTRIES The State Department has updated its Foreign Affairs Manual list of countries with commercial treaties with the US that allow nationals of that country to operate businesses in the US. The following is that list. CLASSIFICATION ENTERED INTO FORCE COUNTRY Argentina E-1 12/20/1854 Argentina E-2 12/20/1854 Armenia E-2 3/29/1996 Australia E-1 12/16/1991 Australia E-2 12/27/1991 Austria E-1 5/27/1931 Austria E-2 5/27/1931 Bangladesh E-2 7/25/1989 Belgium E-1 10/3/1963 Belgium E-2 10/3/1963 Bolivia E-1 11/9/1862 Brunei E-1 7/11/1853 Bulgaria E-2 6/2/1954 Cameroon E-2 4/6/1989 Canada E-1 1/1/1994 Canada E-2 1/1/1994 China (Taiwan)1 E-1 11/30/1948 China (Taiwan)1 E-2 11/30/1948 Colombia E-1 6/10/1948 Colombia E-2 6/10/1948 Congo (Brazzaville) E-2 8/13/1994 Congo, Dem. Rep. of the (Kinshasa) E-2 7/28/1989 Costa Rica E-1 5/26/1852 Costa Rica E-2 5/26/1852 Czech Republic 2 E-2 1/1/1993 Denmark 3 E-1 7/30/1961 Ecuador E-2 5/11/1997 Egypt E-2 6/27/1992 Estonia E-1 5/22/1926 Estonia E-2 2/16/1997 Ethiopia E-1 10/8/1953 Ethiopia E-2 10/8/1953 Finland E-1 8/10/1934 Finland E-2 12/1/1992 France 4 E-1 12/21/1960 France4 E-2 12/21/1960 Georgia E-2 8/17/1997 Germany E-1 7/14/1956 Germany E-2 7/14/1956 Greece E-1 10/13/1954 Grenada E-2 3/3/1989 Honduras E-1 7/19/1928 Honduras E-2 7/19/1928 Iran E-1 6/16/1957 Iran E-2 6/16/1957 Ireland E-1 9/14/1950 Ireland E-2 11/18/1992 Israel E-1 4/3/1954 Italy E-1 7/26/1949 Italy E-2 7/26/1949 Jamaica E-2 3/7/1997 Japan 5 E-1 10/30/1953 Japan5 E-2 10/30/1953 Kazakhstan E-2 1/12/1994 Korea E-1 11/7/1957 Korea E-2 11/7/1957 Kyrgyzstan E-2 1/12/1994 Latvia E-1 7/25/1928 Latvia E-2 12/26/1996 Liberia E-1 11/21/1939 Liberia E-2 11/21/1939 Luxembourg E-1 3/28/1963 Luxembourg E-2 3/28/1963 Mexico E-1 1/1/1994 Mexico E-2 1/1/1994 Moldova E-2 11/25/1994 Mongolia E-2 1/1/1997 Morocco E-2 5/29/1991 Netherlands 6 E-1 12/5/1957 Netherlands 6 E-2 12/5/1957 Norway 7 E-1 9/13/1932 Norway7 E-2 9/13/1932 Oman E-1 6/11/1960 Oman E-2 6/11/1960 Pakistan E-1 2/12/1961 Pakistan E-2 2/12/1961 Panama E-2 5/30/1991 Paraguay E-1 3/7/1860 Paraguay E-2 3/7/1860 Philippines E-1 9/6/1955 Philippines E-2 9/6/1955 Poland E-2 8/6/1994 Romania E-2 1/15/1994 Senegal E-2 10/25/1990 Slovak Rep2 E-2 1/1/1993 Spain 8 E-1 4/14/1903 Spain8 E-2 4/14/1903 Sri Lanka E-2 5/1/1993 Suriname 9 E-1 2/10/1963 Suriname9 E-2 2/10/1963 Sweden E-1 2/20/1992 Sweden E-2 2/20/1992 Switzerland E-1 11/8/1855 Switzerland E-2 11/8/1855 Thailand E-1 6/8/1968 Thailand E-2 6/8/1968 Togo E-1 2/5/1967 Togo E-2 2/5/1967 Trinidad & Tobago E-2 12/26/1996 Tunisia E-2 2/7/1993 Turkey E-1 2/15/1933 Turkey E-2 5/18/1990 Ukraine E-2 11/16/1996 United Kingdom 10 E-1 7/03/1815 United Kingdom10 E-2 7/03/1815 Yugoslavia 11 E-1 11/15/1882 Yugoslavia11 E-2 11/15/1882 _______________________________________ 44. NON-PROFIT CORNER: HUMAN RIGHTS WATCH Earlier in this issue, we told you about an important report issued by Human Rights Watch regarding INS mistreatment of juvenile immigrants. Therefore, we thought it appropriate to spotlight HRW this month. The organization states the following as its purpose: "Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all." The HRW web site can be found at http://www.hrw.org. Many of the organization's reports can be found at the site as well as information on donating money to the organization and taking out a membership.
SISKIND'S IMMIGRATION BULLETIN - 01/99 (5/5) - Articles 30-44
Gregory Siskind, Attorney at Law Fri, 29 Jan 1999 20:16:36 -0500
