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Feb 28: Immigration News by CHRI

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  • SIUHIN@aol.com
    Immigration News Briefs Vol. 7, No. 9 - February 28, 2004 [Immigration News Briefs (INB), a weekly English-language summary of US immigration news, is
    Message 1 of 1 , Feb 29, 2004
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      Immigration News Briefs
      Vol. 7, No. 9 - February 28, 2004
      [Immigration News Briefs (INB), a weekly English-language summary of US
      immigration news, is forwarded out to the email list of the Coalition for
      the Human Rights of Immigrants (CHRI).]

      1. Virginia Admissions Lawsuit Proceeds
      2. Supreme Court to Hear Deport Cases
      3. Supreme Court to Consider Detention
      4. Five Die on Texas Border

      Immigration News Briefs is a weekly supplement to Weekly News
      Update on the Americas, published by Nicaragua Solidarity
      Network, 339 Lafayette St, New York, NY 10012; tel 212-674-9499;
      fax 212-674-9139; wnu@.... INB is also distributed free via
      email (see below).


      On Feb. 25, US District Judge T.S. Ellis III ruled that
      Virginia's colleges and universities may deny admission to
      students on the basis that they lack legal immigration status.
      However, Ellis declined to dismiss a lawsuit against seven
      Virginia schools, saying the plaintiffs have a right to try to
      prove whether the institutions are using federal standards to
      identify applicants who are in the US illegally. "It is clear
      that denying illegal aliens admission to public colleges and
      universities simply removes another public incentive for illegal
      immigration," Ellis wrote. Immigrant advocates filed the suit
      last Sept. 3 in US District Court in Alexandria on behalf of
      several unnamed undocumented students [see INB 9/6/04]. The
      colleges are represented by Virginia Attorney General Jerry
      Kilgore, who issued a 2002 memo to the state's public colleges
      and universities, urging them to deny admission to out-of-status
      immigrants. [Washington Post 2/26/04] On Feb. 5 of this year, the
      Virginia House of Delegates passed a bill barring public
      universities from admitting undocumented students. The measure is
      pending in the state Senate. Governor Mark Warner opposes it.
      [Virginian-Pilot (Hampton Roads) 2/6/04]


      On Feb. 23, the US Supreme Court said it would hear an appeal in
      the fall on the deportation of Minneapolis resident Keyse Jama, a
      Somali immigrant. The court will consider whether immigrants can
      be deported to countries which have no government to accept them.
      Attorney John Lunseth of Minneapolis said the government wants to
      fly Jama to Somalia, where "he would become a stateless person
      with no travel documents or identity papers in a war-torn region
      with no central government." The 8th Circuit Court of Appeals in
      St. Louis ruled 2-1 last May 27 that Jama could be sent back to
      Somalia; on Sept. 17, in a separate case, the 9th Circuit Court
      of Appeals in San Francisco barred deportations to Somalia
      because there is no functioning government there [see INB
      5/30/03, 9/19/03, 10/31/03].

      The Supreme Court said on Feb. 23 that it would also consider the
      deportation case of Josue Leocal, a Haitian immigrant who lived
      for nearly 20 years in the Miami area. The court will address the
      question of whether a lawful permanent resident who causes an
      injury while driving drunk is committing an "aggravated felony,"
      which triggers deportation proceedings. The US government
      deported Leocal in 2002 after he served a two-year prison
      sentence for causing "serious bodily injury" while driving under
      the influence of alcohol. Leocal had no prior arrests. The 11th
      Circuit Court of Appeals in Atlanta held that it lacked
      jurisdiction to consider Leocal's appeal of a Board of
      Immigration Appeals (BIA) decision. Several federal appeals
      courts have ruled that drunk driving offenses cannot be
      considered crimes of violence unless there is proof of criminal
      intent. [AP 2/23/04; New York Times 2/24/04]


      On Jan. 16, the Supreme Court said it will decide whether the US
      government can indefinitely detain foreign nationals who have
      been deemed "inadmissible" or "excludable" and who cannot be
      removed from the US. The case is a habeas suit brought by Daniel
      Benitez, a Cuban national who came to the US during the 1980
      Mariel boatlift and who has been in immigration detention for
      three years.

      In its June 2001 Zadvydas v. Davis ruling, the Supreme Court
      barred the indefinite detention of immigrants who were ordered
      deported but cannot be removed from the US because no country
      will accept them. In that ruling, the court said "aliens who have
      not yet gained initial admission to this country would present a
      very different question." The government claims that aliens
      deemed "inadmissible" are in a separate legal category from
      admitted aliens, even if they were granted "parolee" status and
      lived freely in US society for years. Benitez argues that the
      Zadvydas ruling makes no distinction between resident aliens and
      those deemed "inadmissible." At least two federal appeals courts
      have upheld that interpretation, while the 11th Circuit Court of
      Appeals in Atlanta ruled against Benitez, arguing that the
      Zadvydas decision only applies to "resident aliens."

      The Supreme Court has ordered expedited consideration of the
      case, Benitez v. Wallis (No. 03-7434); oral arguments will take
      place in April and a decision is likely by July. A total of 2,269
      "inadmissible" or "excludable" immigrants--including 920 Mariel
      Cubans--are in detention, and more than half of them have been
      held for more than six months, according to the Department of
      Homeland Security's Bureau of Immigration and Customs Enforcement
      (BICE or ICE). [New York Times 1/17/04; Washington Post 1/17/04]


      At least five migrants have drowned so far in 2004 while trying
      to cross the Rio Grande (Rio Bravo) river from Mexico into Texas.
      The first was Jose de Jesus Iracheta, whose body was found Jan. 6
      near Nuevo Laredo, in Mexico's Tamaulipas state. Between January
      1993 and December 2003, the bodies of 1,023 people were found in
      the Tamaulipas section of the river, according to a count kept by
      the Tamaulipas-based Center for Border Studies and the Promotion
      of Human Rights. [Enlinea Directa (Tamaulipas) 2/22/04]


      Immigration News Briefs (INB), a weekly English-language summary of US
      immigration news, is forwarded out to the email list of the Coalition for
      the Human Rights of Immigrants (CHRI). If you receive INB as a forwarded
      message, and you wish to subscribe directly to INB, or to the CHRI email
      list (which includes INB and local NYC area events, average 4-5 messages a
      week), write to nicajg@... (indicate "CHRI list" or "INB only").

      Immigration News Briefs (INB), un resumen semanal en ingles de noticias
      sobre inmigracion en los EE.UU., es enviado cada semana a la lista de
      correo electronico de la Coalicion para los Derechos Humanos de los
      Inmigrantes. Si el INB le llega como mensaje reenviado, y usted quiere
      subscribir directamente al INB, o a la lista de correo de CHRI (que
      incluye INB, mas anuncios de actividades en el area de NYC, promedio de
      4-5 mensajes por semana), escriba al nicajg@... (indique si quiere
      "lista de CHRI" o "solo INB").

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