USCIS Makeover Finds Few Fans on Hill
By August Gribbin
The Washington Times
The Immigration and Naturalization Service is trying to remake itself, but its reorganization plan has drawn criticism as it struggles with more far-reaching congressional proposals to reshape or dismantle the agency.
Attorney General John Ashcroft announced in November that the USCIS will reform its structure with a plan that fulfills "the president's goals of improving the agency and helping our nation by creating a stronger, more efficient BCIS."
As Mr. Ashcroft explained, the agency -- a major part of the Justice Department -- will split into two distinct bureaus: the Bureau of Immigration Services and the Bureau of Immigration Enforcement. Each will be headed by an executive commissioner reporting to the USCIS commissioner.
The service bureau will process applications for naturalization, asylum and employment authorization. It will handle green-card renewals, various immigration petitions and more.
The enforcement bureau will consolidate the agency's police functions. It will encompass the border patrol, port inspectors and the special agents and investigators assigned to tracking illegal border crossers and those conducting intelligence operations.
Among a host of other headquarters and personnel changes, the agency will create a new Office of Juvenile Affairs that reports directly to the commissioner. The $110 million overhaul -- expected to be completed by 2003 -- began with the appointment last month of Richard B. Cravener as director of the Office of USCIS Restructuring. Mr. Cravener had been director of the
Houston District office.
Although the reorganization is extensive, many in Congress say it doesn't go far enough. John Fonte, a senior fellow at the nonpartisan Hudson Institute, says the proposal is fundamentally flawed:
"The proposal fails to address the major responsibilities of the USCIS consistent with its statutory authority under the Immigration and Nationality Act of 1952. The act requires the USCIS to prepare immigrants for citizenship."
Mr. Fonte stresses that the USCIS proposal refers to "candidates for citizenship" as "customers" to be served, not as people who will be expected to assume the responsibilities of citizenship if they are made "full and equal [members of] our democratic republic."
In an analysis of the USCIS plan he says, "The tone of this [proposal] sounds as if someone is applying for a driver's license or a business permit."
USCIS spokesman Bill Stassberger counters: "Those who take issue with the term 'customer' are reading too much into it. We're talking about using best business practices in dealing with people no matter what you call them." Over the years, there have many plans for revamping the USCIS and as many calls for disbanding the agency and starting over.
As Colorado Republican Rep. Thomas Tancredo puts it, there is no alternative to replacing the USCIS because the agency "is incompetent and incapable of protecting the people of the United States." The remark is among the mildest used in criticizing what is widely considered the government's most dysfunctional organization.
More than four years ago, in fact, the U.S. Commission on Immigration Reform called for eliminating the agency. It concluded that the immigration "system is set up for failure. No one agency is likely to have the capacity to accomplish all the goals of immigration policy equally well."
In line with the commission's thinking, Mr. Tancredo has proposed scrapping the USCIS and replacing it with an Immigration Security Agency distinct from the Justice Department. Mr. Tancredo says the new agency would incorporate all the immigration law enforcement functions now divided between the BCIS, Coast Guard, Customs Service, Agriculture Department and "all the other players with overlapping responsibility and with confusing lines of authority."
Rep. James F. Sensenbrenner Jr., the Wisconsin Republican who chairs the House Judiciary Committee, and Pennsylvania Republican Rep. George W, Gekas, chairman of the immigration and claims subcommittee, have introduced a competing measure. Their bill also would dismantle the BCIS.
Like the USCIS plan, the Sensenbrenner-Gekas bill would create separate bureaus to deal with services and enforcement. But it would jettison the USCIS directorship and create in its place an associate attorney general for immigration affairs headquartered in the Justice Department.
Additionally the bill would require development of an Internet-based system that allows people to get information about their immigration applications online. It also requires that the various bureaus' databases be integrated.
Given the events of September 11 and the perceived need for heightening border control and keeping tabs on alien visitors, Capitol insiders say there's likely to be quick action on USCIS reform measures when Congress returns to work later this month. But a Judiciary Committee staffer says Mr. Sensenbrenner has not set a date for hearings on the bill. And Mr. Tancredo is still shopping for a senator to cosponsor his measure.
Saudi Man Sentenced for Visa Fraud
By Larry Margasak
The Associated Press
ALEXANDRIA, Va. (AP) -- A Saudi man rounded up with other Middle Easterners in the aftermath of Sept. 11 was sentenced Friday to four months in prison and ordered deported for visa fraud although he was cleared of involvement in the attacks. U.S. District Judge T.S. Ellis III imposed the sentence on Khalid al-Draibi after the man apologized for making false statements on his tourist visa application. "I just wanted to enter the United States," al-Draibi explained. Al-Draibi, who worked as a cab driver, was stopped while driving with a flat tire several miles from Washington Dulles International Airport about 13 hours after terrorists hijacked four jetliners. One of the planes, American Airlines Flight 77, took off from the Northern Virginia airport before it was crashed into the Pentagon Sept. 11. Al-Draibi raised suspicions after police found licenses from eight states along with flight manuals for small planes in his car. The Virginia license was a day old. Ellis asked the prosecution whether it was satisfied al-Draibi wasn't involved in the suicide hijackings. "After a thorough investigation the FBI determined Mr. al-Draibi's behavior, while odd and criminal, was not related to the attacks on Sept. 11," Assistant U.S. Attorney John Morton said.
Foreign Students in U.S. to Face Tighter Restrictions
By Mary Gonzalez Nieves
Agencia EFE
WASHINGTON -- Some 600,000 foreign students seeking access to U.S. universities will face new restrictions in 2002 due to a series of measures approved this year as a result of the Sept. 11 terrorist attacks in New York and Washington.
U.S. President George W. Bush, whose administration was strengthened after the terrorist attacks, was given power by Congress to implement new anti-terrorist laws, including significant changes to the immigration process. Even prior to the attacks, foreigners who were in the United States on visiting-student or exchange programs were closely scrutinized by the federal government. The students will now have to pay $95 for visa applications to finance the government's database containing personal, academic and job information on foreign students. And from now on, the confidentiality of this information will be subject to the discretion of federal authorities. The law, which sets aside $36.8 million for the database, allows authorities to review any foreign student document when investigating terrorism cases. The law also bars lawsuits against any educational institution or employees for turning over the confidential records of its students to authorities, provided the institution or individuals involved acted in "good faith." In 2000, Congress considered passing similar measures that would put foreign students, in particular those from Iraq or Iran, under close supervision. Strong opposition from the educational community and international organizations put an end to the implementation of the measure. They argued that putting too many restrictions on visas would greatly reduce the number of foreigners who seek education in the United States, which would have a serious negative impact on the country's economy. U.S. institutions of higher learning earn large sums by educating foreign students, who, unlike many domestic undergraduates, pay full tuition. However, this debate ended on Sept. 11, according to Victor Johnson, the public policy director of the Association of International Educators. Johnson noted that even the staunchest opponents of the law - including the Association of Independent Colleges and Universities - understood that "nothing would be the same again." The U.S. Immigration and Naturalization Service (BCIS) will now have to carry out its job, he added.
Consular Chief: Continued Solicitousness Toward Immigrants
John McCaslin
The Washington Times
Mary Ryan, assistant secretary of state for consular affairs, advises U.S. consular chiefs around the world that, "in keeping with the spirit of American justice and fairness," pre-September 11 rules "must be followed" when issuing or denying visas to enter the United States. In an unclassified telegram to the consular chiefs, obtained by Inside the Beltway, Miss Ryan instructs that "consular officers should not refuse visa applications on substantive grounds without first giving the applicant an opportunity to be interviewed in person." "When the refusal is based on substantive grounds," she writes, "the explanation for the refusal should be done in person at the time of the interview. No refusals without an opportunity to be interviewed." Miss Ryan oversees the 1,995-employee Bureau of Consular Affairs, or Consular Corps, and says "this policy is in keeping with the spirit of American justice and fairness." Each year, the Consular Corps issues more than 6 million visas to foreign nationals wishing to visit the United States and another 500,000 to those wishing to reside here. Miss Ryan adds in the telegram that she's been called before numerous House and Senate committees in recent months to testify about various aspects of visa policy, "where all kinds of proposals have been floated, with some [in the wake of September 11] even calling for a moratorium on visa issuance." "We have been working with interested parties on [Capitol] Hill to ensure that new measures taken to improve security do not undermine America's fundamental ideals as a nation of immigrants," she assures.
Foreign Students' Concern Grows - Want Rights Protected
By Raymond Thibodeaux
The Washington Post
When Pakistani student Khurram Rauf learned federal immigration officials in California had begun cracking down on Middle Easterners suspected of violating their student visas, he wasn't surprised.
Like many Muslim students at the University of Maryland in College Park, he has been interviewed by FBI agents. In his case, agents showed up at his door wanting to know how he felt about the Sept. 11 attacks, how his parents felt about them and whether he knew any fellow students involved in suspicious activity.
He understands the rationale for singling out students from the Middle East and central Asian countries on the State Department's terrorism watch list, but, even so, it disturbs him.
"There's got to be a more proper way," said Rauf, 23, a mechanical engineering student. "You cannot generalize about all Pakistanis or Middle Eastern people. But it is related to the Muslim world."
Foreign students make up only 1.8 percent of the university's 24,638 undergraduate students but nearly a third of its 8,551 graduate students. The University of Maryland leads the state system of higher education in foreign student enrollment, and the state ranks No. 12 in the nation, with nearly 12,000 foreign students.
The disclosure that one of the Sept. 11 hijackers had entered the country on a student visa but never attended class prompted demands in Congress for tighter tracking of all 540,000 foreign students.
It also prompted a nationwide crackdown on Middle Eastern and central Asian students who allegedly have violated the terms of their visas, and it led to several legislative proposals to keep better track of them.
Several Muslim students at College Park reported that FBI agents interviewed them following the Sept. 11 attacks. Rauf said FBI agents spent nearly an hour asking him a range of questions, including whether he could identify any of the suspected hijackers.
"They showed up at my house at 10 a.m., without a warrant, and started asking questions. I don't want to make it seem like I'm hiding anything," he said. "I personally think that I'd be coming around myself asking questions, too, but you can't [just] barge into someone's house."
He and other Muslim students gathered last month at an iftar -- the dinner that breaks the daily Ramadan fast -- in a small wing of Cole Field House, which the Muslim Student Association had turned into a makeshift prayer hall. The jubilant mood was tempered by news of the recent crackdowns on Middle Eastern students in California.
Hany Elgamal, 27, from Cairo, is a graduate student in the electrical engineering department. "Already, Arab people feel victimized by U.S. foreign policy," he said at the dinner. "President Bush says he wants to separate Muslims from terrorists, but his deeds say something else."
Students at Dorchester House, a dorm for international students, seem less concerned. Many of them are from Europe. Several were sprawled on couches, watching a Polish movie. Others were in the computer room churning out essays or e-mailing friends back home. Only a handful of students gathered upstairs to discuss the crackdowns.
"It's distressing. My personal information might be in the hands of government agencies. I have nothing to fear from that, but I'd like to know who has it and what they're going to do with that," said Paul Witter, 20, a sophomore from England studying computer science. "Will the FBI or the CIA come knocking on my door to ask me about the Irish Republican Army?"
Erline Germaine, a sophomore from Haiti majoring in political science, also was skeptical.
"Once you get into this kind of stuff, its going to take away everybody's rights little by little, and we can't do anything about it," said Germaine, who entered the United States on a student visa and has since become a permanent resident. "They shouldn't target just the foreign students. What message does that send?"
Not a positive one, said Bofta Yimam, 19, a sophomore in broadcast journalism from Ethiopia. "It's going to lead to an overall decrease in international students. People are going to say, 'It's too much effort to get into the system now, so why not just work and stay in my country?' "
Elsewhere on campus, the reaction was more mixed. "I guess what they're doing is right and necessary, but I think it's going to scare some people away," said Mohammad Saifuddin, vice president of the university's Pakistani Students Association. Saifuddin, 20, who is now an American citizen, came from Lahore, Pakistan, about five years ago.
Regarding the crackdowns, Saifuddin said: "I think it's entirely unfair, but at the same time understandable. Profiling goes on with every major group. Everybody's so cautious around Middle Eastern people. That the government has targeted them doesn't surprise me at all." Ahmad Nasir, the faculty adviser to Saifuddin's student association, said: "I pride myself on being extremely loyal, but sometimes I realize that in tough times we have to take measures intrusive to people's civil liberties. It's hard for me to make a judgment about where we should stop."
Foreign students make up a small proportion -- less than 2 percent, according to some estimates -- of the 30 million visitors to the United States who come with non-immigrant visas, according the Marlene Johnson, executive director of the Association of International Educators.
The proposals on Capitol Hill to address the Sept. 11 attacks have increased the stress level of many foreign students.
Some students were nervous about leaving the United States for the holidays, fearing they would be unable to reenter the country, according to Valerie Woolston, director of the university's international education services.
Woolston is concerned about how the new climate of scrutiny and any new legislation will affect next year's enrollments at colleges across the country.
"My concern is that there's so much misinformation," she said. "That foreign students are the least tracked, that is patently untrue. There are tons of regulations that foreign students have had to follow.
"If it's a security issue that will help us, then we should do this. If we believe that having a tracking system for foreign students is going to solve the problem, it's not," Woolston said, adding that of the 19 terrorists involved in the Sept. 11 hijackings, only one entered the United States on a student visa.
Witter, the British student, also has doubts: "You have all this information on students, and then one of them hijacks a plane and rams it into a building. How is it going to stop anything?"
Immigrant Hiring Probe of Tyson Could Grow
By Mark Bixler
The Atlanta Journal-Constitution
Investigators say they have more work to do in what they describe as one of the nation's largest immigrant-smuggling cases involving a major corporation. Authorities in Chattanooga unsealed a 36-count indictment Wednesday outlining charges against meatpacking giant Tyson Foods and six current and former executives and managers. Prosecutors say Tyson "cultivated a corporate culture in which the hiring of illegal alien workers was condoned." They say the company sent smugglers to Mexico and gave immigrants fake documents needed to work. The investigation centered on a Tennessee plant, but the indictment says Tyson placed orders for workers at plants in nine states. The indictment does not mention Tyson's four Georgia plants --- in Buena Vista, Cumming, Dawson and Vienna. Ken Kimbro, Tyson's senior vice president of human resources, said in a statement that the "charges are limited to a few managers who were acting outside of company policy." He said Tyson fired four of the indicted managers months ago and put two on administrative leave. "The prosecutor's claim in this indictment of a corporate conspiracy is absolutely false," he said. John MacCoon, assistant U.S. attorney in Chattanooga, said the investigation "could come to any number of states, including Georgia." He declined to comment when asked whether investigators have any leads in Georgia. The state's poultry industry generates $13 billion a year and relies heavily on Latino workers.
State, IRS Help Undocumented Workers Get Taxpayer Numbers
By Neal Gendler
The Minnesota Star Tribune
Despite a desire to avoid one branch of the U.S. government, Guillermo, a 47-year-old Mexican working illegally in the United States, spent part of Sunday afternoon completing a document for another branch.
Guillermo, who asked that his last name not be published, completed a Spanish-language version of Internal Revenue Service (IRS) Form W-7, the application for an Individual Taxpayer Identification Number. He said he wanted to "put himself straight with the taxes" and "be more legal."
He was one of more than 120 Hispanics applying for a taxpayer number Sunday afternoon at Our Lady of Guadalupe Catholic Church on St. Paul's heavily Hispanic West Side.
Shortly after 2 p.m., the church classroom was packed with applicants, and even by 3:20, just 10 minutes before the scheduled end of the three-hour event, people continued to arrive, some carrying small children, to obtain applications and assistance from IRS officials and interpreters.
The session was the fifth held in Twin Cities churches since Nov. 18, said Linda Schaffer, the Minnesota Department of Revenue's community outreach coordinator for the Hispanic community. She said the sessions had brought applications from 336 undocumented workers, and "I've got a feeling this is just the tip of the iceberg."
Schaffer said undocumented workers add more than $1.6 billion to the state's economy and are the backbone of six industries: hotels, restaurants, nurseries, meat packing, light construction and roofing.
Without these workers, she said, there would be no one to fill the jobs. Undocumented workers find taxes withheld from their paychecks, Schaffer said, but without a taxpayer number they cannot file income taxes.
In his three years in the United States, Guillermo has been a gardener, dishwasher, painter and a factory worker for a temporary agency. He sends money to Mexico for his mother and an unmarried son and daughter.
Another undocumented worker named Claudio, who helped with Sunday's session, estimated that as many as 90 percent of such workers send money to family members abroad. He said undocumented Hispanics working in Minnesota come from many Latin American nations, Mexicans being the largest group.
With Schaffer interpreting, Guillermo said taxes are withheld from his pay, but he's never filed tax returns. With the number, Schaffer said, he can file and may qualify for some refunds and credits.
She called the issuance of taxpayer identification numbers a "win-win" situation because it will encourage undocumented workers to file, keeping themselves out of trouble with the IRS while also enhancing federal and state tax collection .
Schaffer said the effort is supported by her department, the IRS and by Isiaah, an interfaith organization of about 80 congregations in the Twin Cities area and St. Cloud.
A session is scheduled Dec. 23 in Owatonna, and Schaffer said the IRS has broached the idea of monthly sessions around the state.
Taxpayer numbers -- which arrive on a card almost identical to a Social Security card -- also may help undocumented workers open bank accounts, she said. She's heard only of banks accepting them and lacks specific information, but bank accounts would help workers who now often must cash paychecks with merchants who take part of the pay as a fee.
Some workers who have never filed may owe back taxes, she said, and while those won't be forgiven -- and may include penalties -- payment plans can be worked out.
Single people must file if they earn more than $7,450, she said, a threshold rising to about $12,000 for a family of four. Residents of Mexico and Canada may claim dependents on the same terms as U.S. citizens.
Publicity for these sessions emphasizes that federal and state tax documents cannot be disclosed, even to another branch of government, so undocumented workers should not fear that applying with will reveal their names to the Immigration and Nationalization Service.
To apply, Guillermo showed a Mexican voter registration card and birth certificate. Two forms of identification are required from a list including passports, school records or a driver's license.
Driver's licenses are a particular problem. In 1998, Minnesota tightened identification requirements for them, and many undocumented workers are driving illegally. Minneapolis and St. Paul police chiefs are among those advocating licensing so drivers can be trained and insured, but Public Safety Commissioner Charlie Weaver has been adamantly opposed.
Schaffer said it's thought that taxpayer identification numbers could help pry open the door to driver's licenses; she said Tennessee and Utah recognize the numbers for that purpose.
A taxpayer identification number will alleviate some of Guillermo's anxiety.
He said, through Schaffer,that "I had had concern, because these are legal matters. I wanted to file taxes, but I didn't know how."
A Precedent for Children Applying for U.S. Visas?
By Elizabeth Amon
The National Law Journal
A New York federal judge has issued a significant memorandum and a ruling that prevents the Immigration and Naturalization Service from using delays in the agency as an excuse for refusing to act on a child's visa application. The decision sets a precedent for juveniles whose cases have been delayed in the wake of Sept. 11, but immigration advocates suggest that it could have even wider significance. Pierre v. McElroy and the U.S. BCIS, No. 01 Civ. 10784. (S.D.N.Y.). The case concerned Vinette Pierre, who came to this country from the West Indies island of St. Lucia when she was 17 to get an abortion. When she was unable to get an abortion and kept the baby, her family ostracized her. Pierre applied for a special immigrant juvenile visa, which the USCIS may grant to abused, neglected or abandoned children under age 21 after a family court judge has determined that they are wards of the state. Pierre passed that hurdle two years ago, but the USCIS had not acted on her visa request by the time her eligibility was to expire. If the USCIS did not act by Oct. 19 when Pierre turned 21, she would have "aged out" of eligibility. When this was imminent, attorneys Eric O'Malley and Najma Rana in Dechert's New York office took the case pro bono. District Judge Naomi Reice Buchwald ruled that under a special provision in the post-Sept. 11 Patriot Act, Congress extended deadlines for immigrants whose petitions were likely to be affected by the attacks, and required the USCIS to adjudicate those petitions. Dechart attorney O'Malley said the ruling is "important because there might be untold people who don't have access to pro bono law firm willing to go to federal court." Arthur Helton, a member of the American Bar Association's Immigration Pro Bono Project, said the ruling is significant because it is a "decision by a federal judge in the face of a long recognized tradition of deference to immigration officials." The BCIS, which declined comment, has subsequently ruled in Pierre's favor. But the agency is seeking to quash the memorandum on the grounds that the case is moot and the judge lacks jurisdiction.
Court Requires USCIS to Show Person Got a Notice of Deportation Proceeding
By Julia Malone, Cox News Service
The Atlanta Journal-Constitution
WASHINGTON -- A U.S. immigration court ruling is making it harder for the government to deport many undocumented immigrants. Thousands of immigrants who face deportation proceedings but fail to appear for hearings have been ordered almost routinely to be deported. But a decision issued in October by the U.S. Board of Immigration Appeals halts that practice, unless the Immigration and Naturalization Service can show that it has delivered a notice of the proceedings to the immigrant. Although foreign residents have been required by long-standing --- but unenforced --- federal law to report changes of address to the U.S. government, the rule shifts the burden of finding current addresses to the BCIS. The results already are being felt in the Justice Department's immigration courts, which are part of the Executive Office of Immigration Review.
In federal immigration court Wednesday in Arlington, Va., Judge M. Christopher Grant finished his docket and turned to the eight cases in which the immigrants failed to appear. Two months ago, most of the no-shows would have been ordered in absentia to be deported. But the judge ordered deportation for only one: a man from El Salvador who had been found hidden in a truck in Arizona with 100 other undocumented immigrants. The USCIS showed that it had later delivered to the man a notice to appear. In the other cases, the USCIS failed to satisfy the court that sending notification by first-class mail to the last-known address was enough. ''The USCIS must instruct the alien on the rules of the game,'' Grant said. He ordered the cases against the seven other missing immigrants to be closed unless the USCIS could restart the process by finding the people charged and informing them of the deportation proceedings. The new standard could have a substantial impact on rulings in the nation's 52 immigration courts, which processed 45,589 absentia cases in fiscal year 2000. About one of every five cases was a no-show.
The new standards could reduce the impact of an USCIS effort, announced last week, to find immigrants who have been ordered out of the country but who have disappeared before they could be deported. The immigration service has said it will enter the names of more than 300,000 of those missing deportees into the FBI's crime database, so that police officers will be alerted to them if they conduct routine computer checks during arrests, even for minor traffic offenses. Fewer names will be added to the deportee list in the future, as courts close the absentia cases administratively instead of issuing deportation orders. ''It bodes ill for ever finding these people,'' said Mark Krikorian, executive director of the Center for Immigration Studies, a research group that favors more restrictions on immigration. ''Now, when they get stopped for a broken tail light, their name isn't going to come up'' in the computer check. Jeanne Butterfield, lobbyist for the American Immigration Lawyers Association, welcomed the new limits on deportations. The USCIS has been ''notoriously bad about keeping accurate address records,'' Butterfield said, even when immigrants notify the agency of address changes. She also said the USCIS sometimes sends immigrants a notice of a hearing for an unspecified date and then waits years to file the document with the immigration court. The appeals board ''rightfully says we need, in some way, to protect the alien's right here,'' Butterfield said. Immigration lawyers will be challenging deportation orders for many of the 300,000 cases that the USCIS is turning over to the FBI, she said. Many of the immigrants didn't realize they had been deported because the notice never reached them, she said. Karen Kraushaar, a spokeswoman for the BCIS, said the agency ''is studying the ruling,'' but she said she had no response on its effects. In the case that triggered the change in policy, an El Salvador woman known only by the initials GYR came illegally into the United States in 1982 and requested asylum. The BCIS, in part because of a political dispute over the influx of El Salvador refugees, took no action until 1997, when the agency sent a notice for an asylum interview to the woman's last known address. When she did not respond, the USCIS followed up with a notice for a removal hearing, which she also did not receive. The USCIS then sought a deportation order in absentia, which the immigration court rejected. The immigration appeals board decision acknowledged that ''virtually every alien in the United States is under an affirmative obligation to report address changes'' to the government. Failure to comply ''may incur various penalties,'' the ruling said. It added that an absentia deportation order ''is not one of them.''
Judges Not Cleared for Cases
By Frank J. Murray
The Washington Times
Secrecy imposed on immigration hearings for September 11 terror suspects is so tight that nearly half the Justice Department's 220 immigration judges lack the security clearance needed to hear the "special" cases. "We have 112 immigration judges with security clearances of secret or above, out of 220 judges overall," Rick Kenney, spokesman for the Executive Office for Immigration Review, said in an interview yesterday.
Mr. Kenney said cases have been heard under the new security procedures at some of the 52 regional immigration courts, but even Chief Immigration Judge Michael J. Creppy, who implemented the procedure, would not estimate the number.
"There is no way to tell how many cases are being heard that way, because we are not counting them," Mr. Kenney said.
Organizations wanting to defend accused foreigners were so frustrated by the lack of information that a group led by the American Civil Liberties Union filed a lawsuit here last week to penetrate the secrecy.
"Most aliens just happened to get caught in the net. They don't know anything at all," said James Zogby, of the Arab American Institute. "Visa violators and terror suspects are simply not the same thing."
"This is the challenge," said Jeanne Butterfield, executive director of the American Immigration Lawyers Association, which seeks to match volunteer lawyers with inmates.
"You can imagine that's somewhat difficult when you can't find out who is detained and whether or not they are represented by counsel," she said. "I'm in despair wondering who is representing these folks."
Justice Department officials up to and including Attorney General John Ashcroft insist detainees awaiting immigration hearings have access to telephones and lists of legal aid groups.
Many aspects of immigration court secrecy have been debated since Judge Creppy issued orders carrying out Mr. Ashcroft's anti-terrorism directive. But the extent to which judges of the immigration court are shut out of cases was not widely known even among lawyers who specialize in the field.
Judge Creppy's order detailed how computers and files should be coded so that neither the substance of the case nor the fact that there would be a hearing shows up on computers or through automated telephone services.
Public requests for information by case number receive a "Warning Warning" notice, and computers alert court clerks "whenever anyone else attempts to enter the ANSIR record," according to the order, which uses the acronym for the Automated Nationwide System for Immigration Review. ANSIR contains similar safeguards to protect identities in immigration cases where battered children or battered spouses are involved.
So many judges lack security clearance, Mr. Kenney said, because "in the past, there haven't been many cases involving classified information."
"There wasn't a crying need for all immigration judges to be cleared," he said.
Judge Creppy said yesterday, "If necessary, and as the need arises, we will obtain more security clearances."
The new prospect that some cases "may ultimately involve classified evidence" keeps the 108 immigration judges who lack clearance from conducting hearings on what the Justice Department designates as "cases requiring special procedures." That category may be requested by the Immigration and Naturalization Service, from which the court is independent, or by the Justice Department, to which both organizations belong.
"No visitors, no family and no press," Judge Creppy directed in his order implementing the extraordinary procedures.
"You should instruct all courtroom personnel that they are not to discuss the case with anyone," he said of hearings that previously could be opened to the public.
"Normally, cases are open, but there are exceptions on a case-by-case basis," Mr. Kenney said.
However, the "respondents" whose deportation is at stake - plus their attorneys when they have one - are present, along with security officers, stenographers and other court employees.
Immigration lawyers cannot be required to have security clearances, Mr. Kenney said. "We can't require clearance for anyone who doesn't work for us," he said.
However, he pointed out that lawyers and their clients in cases designated as special are entitled only to see unclassified summaries of the information when "secret evidence" is involved. A Senate bill is pending that would nullify even that requirement.
State Department Resumes Limited Third Country Processing in Canada and Mexico
This week a State Department contractor that schedules appointments for third country nationals at Canadian and Mexican posts was back in business, but the system is different than it was before third country national processing was halted. The most important change is the creation of a 20-day waiting period for men aged 16 to 45 from selected countries. These countries appear to be Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, the United Arab Emirates, and Yemen, but there are reports that people from other countries have also be subject to the delay and reports that the waiting period is being imposed on female applicants. Another important change is that applications from third country nationals are being reviewed upon receipt to determine if the applicant is subject to the 20-day waiting period. If the applicant is found to be subject, their appointment will be cancelled. For this reason, applicants should not make travel plans for five days after making the appointment.
Tips for Students Traveling in Uncertain Times
Author: Ellen H. Badger *
CONTENTS:
1. SHOULD I TRAVEL?
2. BEFORE LEAVING THE UNITED STATES
PASSPORTS
I-20 OR IAP-66
I-94 ARRIVAL/DEPARTURE CARS
U.S. VISA
COLLEGE OR UNIVERSITY ID CARD
LETTER OF CERTIFICATION
MAINTAINING STATUS
SCHOOL TRANSCRIPT
FINANCIAL DOCUMENTATION
FOREIGN VISA
PRACTICAL TRAINING
3. TRAVEL WITHIN THE UNITED STATES
4. U.S. VISA POSTS THAT ARE NO LONGER ACCESSIBLE
5. WATCH YOUR WORDS!
6. U.S. IMMIGRATION REQUIREMENTS IF YOU ARE LEAVING YOUR SCHOOL PERMANENTLY
7. APPLYING FOR A NEW VISA AT A U.S. CONSULATE ABROAD
GENERAL INFORMATION
SECURITY CONCERNS
VISA APPLICATION REQUIREMENTS
WHERE AND WHEN TO APPLY
8. STRATEGIES FOR A SUCCESSFUL RE-ENTRY INTO THE UNITED STATES
9. STAYING INFORMED WHILE YOU TRAVEL
10. KEEPING YOUR VALUABLES SAFE WHEN YOU TRAVEL
11. SALES TAX REFUNDS?
1. SHOULD I TRAVEL?
Whether or not to travel post-September 11, 2001 is a personal decision. Students whose U.S. visas have expired and who will need to apply for new U.S. visas abroad should anticipate longer waiting periods to obtain a new visa and closer scrutiny of their visa documents. It is advisable to check with the U.S. consulate or embassy, or its web site link: http://travel.state.gov/links.html where you will apply for the visa BEFORE leaving the United States to determine that particular post's policies and procedures. You should start the visa process at the earliest possible time upon your arrival back in your home country.
Males between the ages of 16 and 45 from Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, the United Arab Emirates and Yemen who will need to renew their U.S. visas while abroad will be required to undergo FBI security checks that may lengthen the processing time for their visa applications by as long as thirty days. Any student in this category is strongly advised not to travel abroad at this time. You will likely not be able to obtain a new U.S. visa in a short enough period to be able to return to school to begin the Spring 2002 semester. Many new and current international students who have been abroad since September 11 have reported that they have been successful in obtaining student visas, and have encountered no unusual difficulties at immigration inspection upon their return to the United States. While there is much proposed immigration legislation in Congress, new laws that would establish new requirements for international students are not anticipated until later in 2002. However, the Executive Branch of the Federal Government (which includes the Department of State and the Immigration and Naturalization Service) can put in place new regulations without Congressional approval. Therefore, any student who feels uncomfortable or concerned about their travel plans may prefer to cancel those plans. No one can predict the future with any certainty.
2. BEFORE LEAVING THE UNITED STATES
PASSPORTS
When was the last time you checked the expiration date in your passport? In order to travel, your passport MUST be valid at least six months into the future. Passports may be renewed at your country's embassy or consulate in the United States. If you have access to the world wide web, you can obtain up-to-date information on passport renewal by checking your country's embassy or consulate web pages. Point your web browser to http://www.embassy.org
I-20 OR IAP-66
Be sure your I-20 or IAP-66 has not expired. The back of your I-20 form (if you are in F-1 status) or IAP-66 form (if you are in J-1 status) must be signed prior to your departure, especially if it has not been signed in the last six months. If you will need to apply for a new visa, check the front of your I-20 and IAP-66 carefully to be sure the field of study, level of study, and source of funds are still correct. If you will need a new I-20 or IAP-66, you must provide new proof of financial support. Allow sufficient time for your International Student Office to prepare new visa documents for you.
I-94 ARRIVAL/DEPARTURE CARD
You will need to surrender your I-94 card upon your departure from the United States. You will be issued a new I-94 card upon your re-entry to the United States. SPECIAL NOTE: F-1 and J-1 students with expired U.S. visas who are traveling to Canada, Mexico or adjacent islands for up to 30 days AND who will be resuming their studies upon their return should NEVER surrender their I-94 card. Canadian or Mexican nationals returning to their home country should surrender their I-94 card as they enter their country, and obtain a new I-94 card the next time they enter the United States. Canadian nationals should be sure to carry with them their financial documentation that verifies the information on their I-20 when getting ready to return to the United States.
U.S. VISA
Check your U.S. visa stamp inside your passport. Has your visa stamp expired? If it is still valid, is it for multiple entry, or has the entry been used up? Finally, is the category for which the visa was issued the status you currently hold (for example, if your visa is F-2, are you currently in F-2 status or did that status change after you entered the United States)? If you are in F-1 or J-1 status and traveling to Canada, Mexico, or islands adjacent to North America, you do not need a valid U.S. visa as long as you have been maintaining your status, have a valid passport and I-20 or IAP-66 and are entering those countries for tourist purposes and your stay will be thirty days or less. ( POSTSCRIPT: I wouldn't advise anyone to travel outside the US except for a dire emergency. One also shouldn't expect at this time to be admitted back into US from a trip of 30 days or less to Canada or Mexico using only a valid I-94 (versus a valid visa), as has been allowed in the past.Vance Winningham ) However, travel to all other countries will require that you have a valid U.S. visa before you may re-enter the United States. This is especially true if you changed your non-immigrant status while in the United States (for example, changed from F-2 to F-1 or B-2 to F-1). This will mean applying for a new visa at the U.S. consulate in the country you will visit. Be sure to see section 7 of this article, on applying for a new U.S. visa.
COLLEGE OR UNIVERSITY ID CARD
Carry your current college student ID card with you as supporting documentation.
LETTER OF CERTIFICATION
This is a letter issued by your school that verifies that you are a student and that you are maintaining valid status. Any international student traveling outside the United States may wish to request such a letter from their school well in advance of their travel. This letter is not needed for travel within the United States.
MAINTAINING STATUS
Have you been maintaining the conditions of your non-immigrant status? If you are an F-1 or J-1 student, this means maintaining full time registration each semester at the school you are authorized to attend, refraining from unauthorized employment, not letting your I-20 or IAP-66 expire, and following the appropriate procedures for school transfer and extensions. J-1s are also required to have health and accident insurance for both themselves and their J-2 dependents, and the insurance must include a medical evacuation and repatriation benefit. If you think you may have violated the conditions of your status, be sure to speak to staff at your school's International Student Office BEFORE departing the United States, as you may risk being denied permission to return.
SCHOOL TRANSCRIPT
Have an official copy of your college or university transcript with you ONLY if you will be applying for a new student visa abroad, to show the consular official that you have been making satisfactory progress towards your degree. An increasing number of consulates are beginning to ask for transcripts when students come to renew student visas. In addition to the transcript, you may also want to carry a printed copy of your current course schedule, stamped by your school's Registrar's Office.
FINANCIAL DOCUMENTATION
Documented proof of financial support that appears on your I-20 or IAP-66 is only required if you will be applying for a new student visa abroad, OR if you are a national of Canada or Mexico who is traveling home to Canada or Mexico for the between-semester break.
FOREIGN VISA
If you are visiting a country other than your own, you may need a visitor's visa to enter. Contact that country's embassy or consulate in the United States or search for their website by visiting a web directory such as http://www.embassy.org
PRACTICAL TRAINING
If you have completed your studies and have applied for Practical Training, you must have your Employment Authorization Document (EAD) with you, as well as your I-20 endorsed for practical training, in order to re-enter the United States. If you are on Practical Training and will need to obtain a new F-1 visa before returning to the United States, it is strongly advised that you have with you a letter from your employer, verifying your employment status. USCIS regulations state that an F-1 on authorized practical training may depart the country temporarily and re-enter the United States to "resume" employment, which means not only must you have a job offer, but employment must have already commenced. Students are warned that visa issuance for individuals on practical training can be highly problematic, since you may have a hard time proving that you do not intend to immigrate to the United States. Such students are urged to discuss their situation with staff at their school's International Student Office before they travel.
3. TRAVEL WITHIN THE UNITED STATES
Many students think that their passport and visa documents are only needed when traveling abroad. WRONG! If you are planning a trip within the United States by car, bus, train or airplane, to U.S. cities near or far, it is essential that you have your passport and visa documents with you. Since September 11, there has been heightened security not only at all border crossings, but also at bus terminals, train terminals, and airports throughout the United States. Police from multiple agencies--federal, state and municipal--are patrolling these areas. People may be stopped and questioned randomly. Therefore, students are urged to be sure to have their passport, visa documents (I-94 card and I-20 or IAP-66), and student ID card with them for ALL distance travel, even travel within your state. In addition, be sure that the back page of the I-20 or IAP-66 has a current authorizing signature. If you are applying for a change of non-immigrant status, visa petition or EAD card, be sure to carry your USCIS receipt notice as well, which proves that you have an application pending with the Immigration Service. A person without valid travel documents can be arrested, threatened with deportation and taken into USCIS custody.
4. U.S. VISA POSTS THAT ARE NO LONGER ACCESSIBLE
(As of December 1, 2001)
Any student who is traveling outside the United States whose U.S. visa has expired will need to renew it at a U.S. visa issuing post abroad before the student can return to the United States. In most cases, the visa application will be filed in your home country. Its important to note that holiday periods are extremely busy times at visa issuing posts, due to large numbers of travelers, holiday closings, and reduced staff. Also, in the event of any protests, threats, or terrorist attacks that are judged to be threatening to U.S. embassy or consulate personnel, government officials at those posts may temporarily close or alter their operational hours. The U.S. Department of State (DOS) has announced a temporary freeze on non-immigrant visa applications at its visa processing posts in Canada and Mexico, which took affect on November 16, 2001. U.S. visa offices in Canada will not accept non-immigrant visa applications from persons currently resident, working or studying in the United States, but will continue to book appointments for persons resident, studying, working or visiting in Canada. Previously scheduled appointments will be honored except in certain cases where they have been specifically canceled by phone. U.S. Visa posts in Mexico will continue to process previously scheduled appointments, but are not scheduling non-immigrant visa applications from non-residents of Mexico. The U.S. Embassy in Paris has announced that it will only accept applications for non-immigrant visas by mail. Students are no longer able to go in person to the embassy and get a visa, but must apply by mail while in France. Delays in processing should be expected. They will not renew by mail A, B, C, D, F, G, J, M, Q, and R visas (A and G visas can get renewed at the Department of State) from persons whom are physically outside of France, nor visas for persons whom are physically neither in France nor the United States. For more information, access the Embassy in Paris's Web site at http://www.amb-usa.fr
5. WATCH YOUR WORDS!
Last month, two international university students were escorted off an airplane at the airport near their school and were closely questioned by legal authorities. Passengers became concerned and notified security officials when the students began to ask questions about the flight time, the engine, and other matters about the flight. It turned out that one of the students suffers from motion sickness and was worried about the possible turbulence in this type of aircraft, and how long it would be in the air relative to his medication for air sickness. They were both quite "innocent," and allowed to continue their trip. However, it caused a serious delay in the travel plans of all the passengers, and great anxiety, as you can imagine, for the students and all the passengers. These students were NOT part of any particular ethnic, cultural or religious group which would have 'targeted' them, so one cannot look at this situation as discrimination or "racial profiling." People around them who overheard their questions of the flight attendants were just frightened, and the airplane personnel had to respond.
This incident is a good example of why it is best to be cautious and discrete in your conversations while traveling.
6. U.S. IMMIGRATION REQUIREMENTS IF YOU ARE LEAVING YOUR SCHOOL PERMANENTLY
International student advisors are often asked what the immigration requirements are if a student will no longer be continuing at his or her current school, either because the student is returning to his/her home country, or is beginning Practical Training, or because the student is going to begin study at a new school. Regardless of your plans, retain your old I-20s (or IAP-66s)! These forms represent your immigration history in the United States and should be kept in a safe place as you would any important document. In addition, be sure to let your current school's International Student Office know that you are leaving.
The U.S. Immigration Service process for transferring your F-1 status from your current to a new school is the responsibility of the new school's International Student Office. Therefore, it's important that you follow your new school's instructions for reporting to the International Student Office at the beginning of your semester there. Students who will be ending their studies in December but have no plans to apply for practical training (F-1), academic training (J-1) or continue at a new school or in a new field or level of study, or seek a change of non-immigrant status, must depart the United States within sixty days of completion of their academic program if they are in F-1 status, or within thirty days if they are in J-1 status.
7. APPLYING FOR A NEW VISA AT A U.S. CONSULATE ABROAD
Remember when you applied for your U.S. visa the first time? Applying for a new visa to replace the one that has expired in your passport requires you to present similar documentation.
GENERAL INFORMATION
Many of the U.S. consular posts overseas have their own web sites. The initiative is part of an effort to disseminate information on visa application procedures specific to the individual posts. Information on consular post policies, procedures and documentary requirements can be obtained via these web sites which may be accessed from the State Department's main web page at: http://travel.state.gov/links.html One feature that a number of the consulates have is an e-mail option. This may be used to ask specific questions of the consulate. The consulate web sites may prove to be a valuable resource for international students and scholars. The State Department has prepared two information sheets about student visas on its web site that may be useful to you as an international student. They may be obtained at http://travel.state.gov/foreign_student_visas_handout.html and http://travel.state.gov/what_consuls_look_for.html
SECURITY CONCERNS
All visa applicants should anticipate longer processing times for their visa applications and closer scrutiny of their documentation. FBI security checks are now required for males between the ages of 16 and 45 from Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, the United Arab Emirates and Yemen. The FBI security checks are likely to lengthen the processing time for visa applications by as long as thirty days. Students who are from countries that have been determined by the U.S. Secretary of State to be sponsors of international terrorism--Iraq, Iran, North Korea, Syria, Libya, Sudan and Cuba--should anticipate extremely close review of their visa documents and a high likelihood of visa denial.
VISA APPLICATION REQUIREMENTS
To apply for a new visa, you will need to complete application form DS-156. Blank forms are available at all U.S. consular offices, or may be printed from the State Department Web Site http://travel.state.gov You will also need one photograph 1 and 1/2 inches square, showing full face, without head covering, against a light background. You will need to have sufficient currency to pay the required visa fees, or a receipt showing that you have paid the visa fees. You will need your currently valid I-20 or IAP-66 form, with a recent signature on the back, or a new form if there has been a change in your program of study, level of program, or source of funding. You will want to have a letter of certification from your current school, verifying your enrollment as well as the fact that you have been maintaining valid (F-1 or J-1) status. You will also need to show proof of financial support, binding ties to your home country which you have no intentions of abandoning, and that you plan to return to your home country upon the conclusion of your studies. Some U.S. consulates will ask you how you plan to use your U.S. education in your home country. Many consulates will ask you to present copies of your academic transcripts to prove that you have been maintaining student status in the United States. and that you have been making satisfactory progress in your program. Plan to have copies with you, but do not present it to a consular officer unless specifically asked to do so.
WHERE AND WHEN TO APPLY
If you are visiting your home country, you should apply at the U.S. consulate that has jurisdiction over your place of residence. If you will be traveling to a third country, you will need to apply for your visa at the U.S. consulate there. A consulate not in your home country will only issue you a visa if you can prove that you have been maintaining valid status while in the United States. There have been significant staff reductions and increased workloads at many U.S. consulates abroad. The holiday periods are also peak travel periods. Some consulates may be temporarily closed or have undertaken heightened security measures due to concern over terrorist threats. It is possible that some U.S. consulates may chose not to accept visa applications except from residents of that country. Therefore, you may wish to contact the specific consulate you plan to visit PRIOR to your departure from the U.S, to be sure that they will accept an application from you. In ALL cases, apply for your visa AS EARLY AS POSSIBLE! Consult the appropriate consulate by phone, fax or web site to ascertain visa application procedures and requirements and approximate processing time.
8. STRATEGIES FOR A SUCCESSFUL RE-ENTRY INTO THE UNITED STATES
You should expect to go through both U.S. Immigration and U.S. Customs at the U.S. port of entry. You may also be required to go through a pre-inspection procedure at certain airports abroad. If you will travel abroad during intersession, you are encouraged to have with you a letter from your school that confirms you have maintained valid status. You are also advised to have your current college or university ID card with you as back up identification. However, when you give your documents to the USCIS inspector at your U.S. port of entry or pre-boarding checkpoint, you should initially present only your passport, I-94 card (which was distributed on the airplane), and signed I-20 or IAP-66. The letter of certification and school ID card are meant to be used only for "supporting documentation" purposes, if you are asked additional questions or asked to produce additional documentation. A U.S. immigration official who is presented with more documents than is customarily required might become suspicious, so you are well advised to show only your passport, I-94 and I-20 or IAP-66. Then you have the comfort of knowing that you have additional supporting documentation with you if needed. Expect close scrutiny of your documents. Answer all questions politely and briefly. Do not offer any information that goes beyond the scope of the question asked you.
In certain cases, if there is some problem with your documents, you may be issued a 30-day entry on your I-94 card and issued a form I-515, usually with instructions to see your international student advisor. Examine your I-94 card carefully as you leave the immigration booth. F-1 students and J-1 students should have their I-94s marked "D/S," which means Duration of Status, along with a stamp indicating the date you entered the U.S. If an expiration date is written on the I-94 instead of "D/S," and you are in F or J status, go to your school's International Student Office as soon as possible. Anyone who is denied admission at a U.S. port of entry should be very cautious about arguing with the immigration official. You may risk being issued "expedited removal," which now entails a five-year bar on admission to the United States. If you are denied admission, first try to contact your school's International Student Office for assistance, but also make it known to the Immigration Official that you are willing to withdraw your application for admission to the country rather than be subject to expedited removal.
9. STAYING INFORMED WHILE YOU TRAVEL
Much is being reported in the national and international media regarding the aftermath of September 11, and proposed federal laws and regulations that may have an impact on foreign nationals coming to the United States. If your college or university has been providing updates to students via e-mail or on the internet, try to stay up-to-date on immigration news by checking those resources periodically.
10. KEEPING YOUR VALUABLES SAFE WHEN YOU TRAVEL
The following information on laptop computer security is also applicable for other items of value such as briefcases and carry-on bags while you are in domestic or international travel status. Items left unattended for even a very brief period have become a premium target for theft. Every traveler should remain on constant alert as they traverse through all airports. Here are some common examples of methods used by thieves to separate you from your belongings. One method involved the use of security x-ray machines. The first thief precedes the traveler through the security checkpoint and then loiters around the area where the carry-on luggage had already been examined. When the traveler places his laptop computer or bag onto the conveyer belt of the x-ray machine, the second thief steps in front of the traveler and sets off the metal detector.
While the traveler is being delayed, the first thief removes the traveler's laptop computer or bag from the conveyor belt just after it has gone through the x-ray machine and quickly disappears. Another method of theft can occur while the traveler is walking through a crowd of people in the airport terminal. The traveler, who may have a laptop computer or small bag on top of his or her roll bag is preceded by the first thief. Just as the traveler gets around the crowd of people, the first thief stops abruptly, causing the traveler to stop abruptly. When they stop momentarily, a second thief, who had been following just behind them, quickly removes the traveler's laptop computer or small bag from the roll bag and disappears into the crowd.
All travelers, both international and domestic, are urged to be alert to the above methods used in stealing valuable items and always be mindful of any abrupt diversions during your travels. Report any losses immediately to the authorities. Keep serial numbers, make, and model information of your laptop computers, or of any items of value, separate from the item so you can give precise information to authorities if the items are stolen.
11. SALES TAX REFUNDS?
Students sometimes ask if it is possible for them to receive a refund of the sales tax they paid for goods and services in the United States upon their departure. In the U.S., sales tax on goods and services is set by each of the fifty states, and state entities (such as cities and counties), not by the U.S. government. Each state and state entity determines what the sales tax will be (always a percent of the purchase price) and what items will and will not be assessed a sales tax. Therefore, it is not possible for an overseas visitor to obtain a refund of the sales tax for a purchase made in the United States upon their departure. The best "official" explanation comes from the U.S. Customs Service, which is reprinted below. Go to: http://www.customs.gov/travel/visi.htm# for additional information. "Foreign visitors to the United States frequently confuse the state sales tax with the value-added tax (VAT). The state sales tax is a small tax on purchases or services, calculated at the time of purchase, which individual states assess and which the U.S. federal government neither determines nor receives. The VAT, on the other hand, is a national tax commonly applied in foreign countries that is included in the actual sales price rather than at the time of purchase. The United States does not have a VAT, and the federal government cannot refund state sales taxes. State taxes are generally not charged to diplomats or employees of some international organizations who have been issued a tax-exemption card. This card must be presented at the time of purchase in order for sales taxes to be waived.
Also, many states do not charge tax on items shipped out of state. Ask about state sales-tax policies in the state where you make your purchases."
Courtesy of Binghamton University's Office of International Student and Scholar Services
About The Author:
Ellen H. Badger has been the Director of the Office of International Student and Scholar Services at Binghamton University, State University of New York since 1986, where she supervises programs and services for more than 900 international students and scholars.
The author acknowledges the following individuals whose information has been included in this and previous editions of the Travel Extra:
Patricia Burak, Syracuse University
Elizabeth Shaw, University of California at Davis
Cheryl A. Roy, University of Connecticut
Susan Mack, Brandeis University
Murder Moots Asylum for Domestic Violence Victim
Jason Hoppin
The Recorder
A violent murder in Mexico has vacated a groundbreaking 9th U.S. Circuit Court of Appeals ruling establishing asylum for victims of domestic violence. The circuit was set to revisit next week its earlier decision allowing Rosalba Aguirre-Cervantes to seek shelter in the United States because the government of Mexico did nothing to protect her from an abusive father. But the issues presented in the case became moot when her father was recently shot to death. Lawyers involved in the case say they still aren't sure what happened. "The circumstances are unclear to us. We are getting this second-hand," said University of Southern California law professor Niels Frenzen, one of Aguirre-Cervantes' lawyers. Aguirre-Cervantes has no desire to return to her family in Mexico, Frenzen said. "She's in the U.S. at the present and wishes to stay." On Friday, with each party's stipulation, the 9th Circuit vacated its earlier decision, canceled oral arguments and remanded the case to the Board of Immigration Appeals. The case is, essentially, back at square one, and the death of her father has weakened Aguirre-Cervantes' bid. In March, Senior 9th Circuit Judge David Thompson had ruled that a family could constitute a particular social group, and victimization by an abusive father could be persecution. Aguirre-Cervantes testified that she was beaten with a horse whip, branches and fists from the time she was a very small child. She still bears the scars. Her mother, she said, did not let her go to the police, and at 16 she fled her Michoacan home. A key issue in Aguirre-Cervantes v. BCIS, 99-70861, was whether the authorities would do anything to stop the father. Thompson ruled that in Mexico, they would not, noting that in Mexico City, with a population of 23 million, there was only one eight-bed shelter for battered women. Immigration lawyers now await a decision by the Immigration and Naturalization Service on regulations that would allow such bids. In the last days of President Clinton's administration, then-Attorney General Janet Reno implemented the regulations.
But the regulations were vacated when the new administration took over, and a decision on their fate has been pending for months.
Names of Deportees to Entered in Criminal Database
By Suzanne Gamboa
The Associated Press
WASHINGTON (AP) -- The names of more than 300,000 foreigners who disappeared after being ordered deported will be entered in a crime database so police can help track them down, the Immigration and Naturalization Service said Wednesday.
By entering their names in the National Crime Information Center database, the missing deportees might be identified by officers in traffic stops or other identity checks, James Ziglar told the House Judiciary subcommittee on criminal justice.
"We think this will send a message that when you come to the United States you are expected to stay here on the terms you are admitted on and that coming here and staying in illegal status is not appropriate," Ziglar said. The USCIS has come under heavy criticism since the terrorist attacks for its failure to better track those who enter the country. The agency says it does not know the whereabouts of 314,000 foreigners who were ordered deported. Joe Karpinski, Ziglar's congressional liaison, said the vast majority have committed administrative violations, such as overstaying a tourist visa, and are not criminals. He said some may already have returned on their own to their former countries. Jim Pasco, executive director of the Fraternal Order of Police, applauded the USCIS move. "One of the dirty little secrets of our immigration policy over the last 10 years was it was far too easy for people under deportation orders to just slip away," Pasco said. Steve Camorata, a researcher at the Center for Immigration Studies, said the disappearance of so many people underscores the need for judges to require higher bonds for those they order deported. "If deportation is to have any meaning, we've got to make people leave who are deported, otherwise it is just shadow boxing," Camorata said.