November 9: News on Immigrant Struggles

Translation to Arabic | Translation to most European Languages

Immigrant Rights Are Under Siege!

1) Special Registration Alert! (American Arab Anti-Discrimination Committee)
2) Immigration Enforcement and Native American Trust Fund (Friends Committee on National Legislation )
3) SUNY Immigrant Student Arrested and Detained (DRUM -Desis Rising Up & Moving)
4) Congressional Forum Highlights Civil Rights, Racial Profiling (APP)
5) Civil Liberties Update- Special Registration (National Immigration Forum)
6) Report: Immigration in a Time of Recession (Center for Immigration Studies)


1) Special Registration Alert!

Important annual re-registration deadlines are approaching

Individuals who registered as part of NSEERS “Special Registration,” must re-register in person every year at an immigration office within 10 days of the anniversary of their initial registration date. For Call-in Registrants, you are required to re-register within 10 days before or after the date of your initial registration. For POE registrants, you are required to re-register within 10 days before or after the date of admission to the U.S.

The re-registration requirement applies to persons who previously registered at:

· A government immigration office under the Special Registration “Call-In” requiring certain citizens and nationals of designated countries to register between November 15, 2002 and April 25, 2003, OR

· A U.S. port of entry (POE) under Special Registration when being admitted to the U.S. as a “nonimmigrant” at any time on or after September 11, 2002

Examples: If you registered at an immigration office on Nov.15, 2002, then you must report to the same office or any designated office to re-register between Nov. 5-25,2003. Or, if you registered at a U.S. port of entry [airport or border] on Jan. 12, 2003, then you must report to a U.S. immigration District Office to re-register between Jan. 2 -22, 2004.

Consult an attorney about when or where to re-register. Do not let a deadline pass. If you are turned away when trying to re-register, you should insist that you be given a receipt showing that you tried to re-register.

For more info: http://www.aclu.org/ImmigrantsRights/ImmigrantsRightsMain.cfm



IMPORTANT!

Willful failure to comply with re-registration, including failure to provide notice of a change of address, change of schools or employers, can lead to criminal penalties, deportation proceedings, and denial of immigration benefits. During the original Special Registration Call-In periods, many people were detained, and many were placed in removal (deportation) proceedings. If you are arrested, you may be required to post a bond to obtain your release. Once you are in deportation proceedings, if you do not have a way of legalizing your status, an order of deportation may be entered against you and you may be removed. If there are any problems with your immigration status, you could be subject to detention and removal when you appear for re-registration. If you have failed to comply with any registration requirement or have any problem or concern about your immigration status, you should consult with an attorney immediately.

When re-registering have your passport, I-94, government-issued identification and proof of residence, such as a lease, rent receipt, or utility bill. You will be questioned and asked to provide documents that demonstrate you are maintaining your nonimmigrant status. Tell a friend or family member before reporting for re-registration.

Questions? Contact…

American Arab Anti-Discrimination Committee: 415-861-7444 www.adcsf.org

National Lawyers Guild Bay Area Hotline: 415-285-1041


2) Immigration Enforcement and Native American Trust Fund
Date: Thu, 6 Nov 2003
From: Friends Committee on National Legislation

FCNL LEGISLATIVE ACTION MESSAGE - (11/06/03)

The following action items from the Friends Committee on National
Legislation (FCNL) focus on federal policy issues currently before Congress
or the Administration.

Topics: IMMIGRATION ENFORCEMENT and NATIVE AMERICAN TRUST FUND UPDATE

IMMIGRATION ENFORCEMENT SHIFTING: The CLEAR Act ("Clear Law Enforcement For
Criminal Alien Removal" Act, HR 2671) would require state and local law
enforcement agencies to enforce federal civil immigration laws in order to
receive certain federal funding. Passage of this bill would undermine
civil liberties, civil rights, and safety in our communities. It would
overburden state and local police, foster ethnic and cultural profiling,
impede the public safety function of local police, and blur the lines
between criminal, civil, and administrative immigration violations.

ACTION: Check FCNL's Legislative Action Center,
http://capwiz.com/fconl/issues/bills/?bill=4014601, to find out whether your
representative has become a co-sponsor of HR 2671, the Clear Law Enforcement
for Criminal Alien Removal Act ("CLEAR" Act). Co-sponsorship of this
measure should be opposed. If your representative has not become a
co-sponsor, urge him or her to oppose the bill.

CONTACTING YOU REPRESENTATIVE IS EASY: Start with the sample letter posted
in our Legislative Action Center, personalize the language, then email or
fax your message directly from our site. You can also print it out and mail
it. To view the sample letter, click on the link below, then enter your ZIP
code, and click <Go> in the <Take Action Now> box. Here is the link:
http://capwiz.com/fconl/issues/alert/?alertid=4014606&type=CO.

BACKGROUND: The CLEAR Act was introduced in the House by Rep. Charles
Norwood (GA) on July 9, 2003. Reps. Boyd (FL), Deal (GA), and Hart (PA)
were original co-sponsors, and they have been joined by 106 other
co-sponsors to date. The CLEAR Act was referred to the House Judiciary
Committee. That committee's Subcommittee on Immigration, Border Security,
and Claims held a hearing on the bill on Oct. 1, 2003. Now is the time to
act to help prevent this bill from moving forward!

The Clear Law Enforcement for Criminal Alien Removal Act is detrimental to
civil rights, civil liberties, and public safety in the following ways:

1.Overburdens Local Police: Local police are not prepared to enforce federal
immigration law. Many state and local police do not have the resources and
are not trained to enforce federal civil immigration law. The bill would
create an overwhelming combination of complex federal immigration law,
inadequate state and local police training and funding, and required action.
In addition, onerous reporting requirements would be imposed on all state
and local jurisdictions, and enforcement duties would be imposed on state
attorneys general.

2.Relies on Racial Profiling: The police cannot know who is in the United
States illegally by looking. It is inevitable that local police stops would
arise from profiling based on a person's ethnicity, foreign language use, or
accented speech, rather than from criminal behavior. The CLEAR Act would
lead to erosion of civil rights and civil liberties among ethnic and
immigrant populations.

3.Undercuts Law Enforcement: Local police cannot perform their public safety
role effectively when they are also immigration enforcement agents. If the
police also enforce immigration laws, members of ethnic and immigrant
communities would hesitate to report criminal activity or danger to the
police for fear of unanticipated exposure of their families or neighbors as
violators. Local police from across the United States warn that under the
CLEAR Act, successful efforts to build trust and confidence between the
local police and immigrant communities would be completely undermined.
Public safety would suffer.

4.Criminalizes civil matters: Some immigration violations are criminal
matters, but others are civil or administrative in nature. While some
immigration violations are criminal (punishable by jail or deportation),
many are considered civil violations, and yet others are considered merely
administrative violations. Under the CLEAR Act, however, the distinction
between civil and criminal immigration violations would be blurred. And
under this bill, immigration violators would be entered into the National
Crime Information Center database, even if their immigration violations were
merely civil or administrative.

For further information about the USA PATRIOT Act and other aspects of the
post-September 11 erosion of civil liberties in the United States, go to
http://www.fcnl.org/issues/issue.php?issue_id=67.

NATIVE AMERICAN TRUST FUND UPDATE: Last week, 190 representatives voted to
oppose a provision that denies financial justice to 500,000 Native
Americans. Although Congress narrowly passed the Interior spending bill
with the trust fund delay provision, many members spoke impassionedly
against it, and 17 Republicans on the Resources Committee split with the
Administration. (The Senate passed the same bill with Senator Daschle and
Senator Bayh voting against it.) The last minute rider forbids the
Department of Interior from conducting historical accounting even though
Interior was required to do so by a federal district court. The Indian
accounts for individuals and families date from 1887, but Interior has poor
and missing records and may have underpaid and mismanaged royalties for
individuals and families. A lawyer in the Cobell trust fund lawsuit
explains that under common law "You owe what you can't show." For more on
the revolt by supporters of native people who think!
the White House move is unconscionable and unconstitutional and for media
reaction, click here
http://www.fcnl.org/issues/item.php?item_id=587&issue_id=94.


CONTACTING LEGISLATORS

Capitol Switchboard: 202-224-3121

Sen. ________
U.S. Senate
Washington, DC 20510

Rep. ________
U.S. House of Representatives
Washington, DC 20515

Information on your members is available on FCNL's web site:
http://capwiz.com/fconl/dbq/officials/directory/directory.dbq

CONTACTING THE ADMINISTRATION

White House Comment Desk: 202-456-1111
FAX: 202-456-2461
E-MAIL: president@whitehouse.gov
WEB PAGE: http://www.whitehouse.gov

President George W. Bush
The White House
Washington, DC 20500
-----------------------------------------------------------------
This message supplements other FCNL materials and does not reflect FCNL's
complete policy position on any issue. For further information, please
contact FCNL.

Mail: 245 Second Street, NE, Washington, DC 20002-5795
Email: fcnl@fcnl.org
Phone: (202) 547-6000
Toll Free: (800) 630-1330
Fax: (202) 547-6019
Web: http://www.fcnl.org


3) SUNY Immigrant Student Arrested and Detained
DRUM -Desis Rising Up & Moving

Organizing immigrant detainees and South Asian immigrants for Immigrant Justice!
718-205-3036 e-mail: info@drumnation.org
www.drumnation.org

RELEASE OLADOKUN SULAIMAN!

TELL SUNY MARITIME TO STOP TARGETING IMMIGRANT STUDENTS !!!

In March 2003, Oladokun Sulaiman, a Nigerian immigrant student at SUNY Maritime, was arrested by the Joint Terrorism Task Force as he was
going to a meeting with school administration. He was arrested in his school library because the SUNY administration called the INS on him in
apparent retaliation for his arguing for lower in-state tuition for himself. Since then, he has been detained at Bergen County Jail in NJ for over
7 months. SUNY administrators at Maritime had the INS arrest and detain him claiming that he lied on his Student Visa documents. This was later
found not true or provable. They gave him a Fair Hearing date to argue his case, but hadhim arrested by the INS before that date!

*He was forced to miss his hearing and lost his case automatically and SUNY dis-enrolled him!*

*Therefore his visa was cancelled and he was made illegal and deportable!*

He was 2 months from graduating from his studies. DRUM is now organizing a campaign with him and his family andfriends forhis release from
detention and re-enrollment to SUNY.

There have been previous allegations of anti-Muslimdiscrimination at SUNYMaritime. Currently, the school administration claims that there is
nothingthey can do about Mr. Sulaiman¡¦s case and continue to refuse totake responsibility for the damage they have caused to him and his
family. They can re-enroll him if they choose, but simply will not. They must be held accountable.

Since the 1996 IIRIRA and ATEDA laws and more than ever since 9/11, immigrants are being targeted, rounded up, and disappeared in violation
of civil and human rights through measures such as the Absconder Initiative, Special Registrations, and the SEVIS which targets immigrant
students.

--- The targeting of Oladokun Sulaiman by the administration at SUNY Maritime, a public university, is unprecedented

--- Public universities such as SUNY and CUNY now will have thegreen light to target students who speak out on campus and report them to ICE (Immigration and Customs Enforcement) without evidence of wrongdoing

--- The ability to detain and deport (DISAPPEAR) immigrant students is now a power that universities can have to target and silence students!

DRUM NEEDS YOUR SUPPORT TO DEMAND THAT SUNY:

(1) RE-ENROLL OLADOKUN SULAIMAN AND ALLOW HIM TO COMPLETE HIS DEGREE !

(2) RE- ISSUE HIS I-20 SO HE CAN GET BACK ONTO HIS STUDENT VISA AND BE RELEASED FROM DETENTION !

(3) END ANTI-IMMIGRANT PRACTICES AND COLLABORATION WITH U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT AT THE COLLEGE !

PRINT, COPY, GET SIGNATURES, AND SEND the attached PETITION OR SIMPLY CALL, EMAIL, FAX THESE ADMINISTRATORS NOW :

Ms. Kimberly Cline Mr. John R. Ryan, Vice Admiral
Vice President for Administration President
SUNY Maritime College SUNY Maritime College
6 Pennyfield Avenue 6 Pennyfield Avenue
Bronx, NY 10465 Bronx, NY 10465
Tel (718) 409-7213 Tel (718) 409-7270
Fax (718) 409-5792 Fax (718) 409- 7261
kcline@sunymaritime.edu jryan@sunymaritime.edu


-- Let them know that SUNY Maritime must be held accountable for targeting immigrant students

-- Let them know that SUNY should protect and educate immigrant students, NOT collaborate with the U.S. Immigration and Customs and the
Deprtment of Homeland Security to profile and disappear immigrants !!


FOR MORE INFO CALL:
DRUM - Desis Rising Up & Moving
(718) 205-3036 / info@drumnation.org

"i am caught up
in the music of struggle
and i can't stop dancing."
-assata shakur


4) Congressional Forum Highlights Civil Rights, Racial Profiling

By Khalilur Rehman Bughio

WASHINGTON, Nov. 5 (APP)- The Congressional Asian Pacific American Caucus (CAPAC) held a panel discussion Tuesday on Civil Rights and Civil Liberties at Capitol Hill with Rep. Michael M. Honda urging the critical need to educate people, and form effective coalitions. The panel discussion was entitled: 'Civil Rights and Civil Liberties: Challenges facing Asian Pacific Americans Post 9/11.' The hearing was attended by five congressmen and several senior staffers of other members of the US Congress.

Faiz Rehman, President, National Council of Pakistani Americans (NCPA), speaking on 'Racial Profiling' said many Asians, especially Muslim Asians, have come to experience this as an increasing phenomenon in the U.S. society.

He said racial profiling, civil liberties discrimination, and hate crimes, were not very common words in Asian households in the country prior to Sept. 11, 2001. He blamed the "descriptive media coverage" to have compounded the sad plight by establishing link between the terrorists and the Muslim faith "in the captive minds of the American people."

The South Asians and Arabs, the NCPA chief stated, bore the major brunt of the backlash and hate crimes in the aftermath of 9/11.

He said one Sikh was killed in Arizona because of his turban and beard. One Pakistani national- a father of three girls- was killed in Dallas, Texas on Sept. 15, 2001 by a zealot who screamed anti-Muslims slurs at him before shooting him in the head. His green card application was pending at the time of his death.

"Over 1700 Pakistani nationals, who had been living in the U.S. for years, were deported on six chartered flights. These people came under the wide dragnet which was cast after 9/11. Most of them were accused of visa violations. Most of them worked at public places --convenience stores, gas stations, hotels--where they became easy targets of ruthless INS agents who were more interested in clearing the backlog at an inapt agency. 9/11 coupled with the Patriot Act gave them a perfect opportunity to crackdown on undocumented immigrants. This time, however, only Muslims were the targets."

Congressman Honda speaking on the occasion observed it was imperative to focus on the victims' plight, and educate the people. In this context, he referred to the discrimination meted out against the Japanese an! d Chinese immigrants, during 40s, though today these communities are active and respected U.S. citizens. The Congressman underlined the critical need for forming of effective coalitions based on fight for rights, and said governments rose to respond and share the opinion, while there was substance in the demand and the group raising a demand was powerful enough.

He said it was of a fundamental importance that fears of the affectees must find logical and forceful plea, and a listing on book of the statute, so that desired improvement becomes part of a devised system.

The vocal and vibrant group deliberating on the hearing, he said, could help promote the cause.

Speaking on the topic: 'Post 9/11 Civil Rights,' Katherine Newell-Bierman of the National Asian Pacific American Legal Consortium, said the NAPALC works to advance the human and civil rights of Asian Americans through advocacy, public policy, public education, and litigation. "In accomplishing its mission, NAPALC focuses its work
to promote civic engagement, to forge strong and safe communities, and to create an inclusive society in communities on a local, regional, and national level."

She expressed her organization's concerns about the Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act, introduced in July 2003 and the U.S. Patriot Act, signed into law just 45 days after the tragic events of 9/11.

She recommended opposition to similar legislation that uses state and local law enforcement to enforce civil immigration laws or enters immigration information into the National Crime Information Center (NCIC) database.


5) Civil Liberties Update- Special Registration
Date: 11/7/2003
From: ssivaprasad@immigrationforum.org

This e-mail includes updates on special registration and a summary of the program. The purpose of the summary is to familiarize new members of this listserve with the special registration program.

Re-registration Reminder: As part of ongoing requirements associated with the special registration program (National Security Entry-Exit Registration System or “NSEERS”), individuals are required to re-register annually with a local immigration office within 10 days of the one year anniversary date of their initial registration. Individuals who fail to comply with re-registration or any of the special registration requirements may be subject to civil and/or criminal penalties. A number of colleague organizations have prepared materials to assist in community outreach.

American-Arab Anti-Discrimination Committee (ADC) Immigration Law Advisory - Re-Registration Reminder: http://www.adc.org/index.php?id=2116

American Civil Liberties Union (ACLU) Special Registration Update - Approaching Annual Deadlines & Other Registration Requirements: http://www.aclu.org/Files/OpenFile.cfm?id=14196

South Asian Network (SAN)- “SPECIAL REGISTRATION” (NSEERS) REMINDER: ANNUAL RE-REGISTRATION DEADLINES APPROACHING
http://www.southasiannetwork.org/Alerts.htm

The Future of Special Registration: Will the Bush Administration Drop Ongoing Requirements? As advocates scramble to educate the community about re-registration, there are press reports that the Administration is considering whether the continuing requirements of special registration should be dropped. Advocates are trying to ascertain the status of discussions in the Administration and will be sending information on this as we get a clearer picture and develop strategy recommendations. Unfortunately for now however, the re-registration requirements remain in effect.

Article: Immigrants decry U.S. order to register again, The men, mostly from the Mideast and Muslim nations, see a mixed message
The Sacramento Bee, By Emily Bazar, October 31, 2003
http://www.sacbee.com/content/politics/story/7700692p-8640374c.html

Special Registration-Background: On August 12, 2002, the Department of Justice rolled out the National Security Entry-Exit System (NSEERS), a tracking scheme that required visitors from certain countries—and others whom an immigration inspector decides meet certain secret criteria—to be fingerprinted, photographed, and interrogated when they enter the country. Following this roll out, the Justice Department expanded NSEERS to four groups of men already in the United States. The initiative, known as “call-in” registration, applied to certain men 16 years of age and older from 24 predominantly Muslim and/or Arab countries, plus North Korea. Call-in registration drew more than 80,000 men to local immigration offices, where they were fingerprinted, photographed, and subjected to lengthy interrogations. Men were questioned on a range of topics, including video rental history, frequency and location of prayer, family living outside of the United States, nature of coursework, and opinions on Islam, among others. Individuals who registered under NSEERS (ports of entry and call-in) are subject to a number of continuing requirements. (i.e., annual re-registration) Failure to comply with any of the special registration requirements can result in arrest, detention, and/or deportation.

The call-in registration program resulted in hundreds of detentions, chaos at local immigration offices, and a steady stream of individuals who fled the U.S. for Canada. More than 13,000 men who complied with call-in registration were placed in deportation proceedings. Several men face deportation because the services bureau of the Department of Homeland Security (formerly INS) failed to timely process their pending green card, family-based, or employment-based applications. Security experts have criticized the program because it drove a wedge between enforcement authorities and the very communities we need in helping us find real terrorists. One year later, not one person who reported for call-in registration has been charged with terrorism.

On May 19 Asa Hutchinson, Undersecretary for Border and Transportation Security, unveiled details about the Visitor and Immigration Status Indication Technology System (USVISIT System). (Fact Sheet: http://www.dhs.gov/dhspublic/display?content=2080) The USVISIT System is the name being given to the entry-exit system mandated by Congress, and is scheduled to be implemented at airports and seaports of entry by the end of this year. Officials have stated that once USVISIT is fully operational, NSEERS will be folded into this system. There remains confusion about how and if the ongoing registration requirements of NSEERS will be part of USVISIT. In addition, there are a number of risks associated with the USVISIT system. The General Accounting Office (GAO) issued a scathing report on USVISIT, concluding that the program is “a very risky endeavor.” The GAO report continues, “Because of all these risk factors, it is uncertain that US-VISIT will be able to measurably and appreciably achieve DHS’s stated goals of facilitating legitimate travel and trade, enhancing national security, and adhering to U.S. privacy laws and policies.” (www.gao.gov)


Shoba Sivaprasad, Esq.
Senior Policy Associate
National Immigration Forum
50 F. Street, NW Suite 300
Washington, D.C. 20001
tel. (202)-383-5991
ssivaprasad@immigrationforum.org


6) Report: Immigration in a Time of Recession
Unpublished Census Bureau Data Show Little Evidence of Slowdown

WASHINGTON (November 6, 2003) -- The economic downturn and the September 11
attacks appear to have had no lasting impact on the pace of immigration
nationally and in most states, according to Center for Immigration Studies
analysis of unpublished Census Bureau data collected earlier this year.

While there is some evidence that immigration may have slowed slightly in
2001, new legal and illegal immigration remain at record-setting levels.
For the most part, immigration appears to be largely unconnected to
national or state job markets. Although unemployment has increased
significantly overall and among the foreign-born, the pace of legal and
illegal immigration continues to match that of the late 1990s. The report,
entitled "Immigration in a Time of Recession: An Examination of Trends
Since 2000," contains information for the nation and for many states, and
is available at www.cis.org/articles/2003/back1603.html .

Among the report's findings:

* Since 2000, 2.3 million new adult immigrant workers (legal and illegal)
have arrived in the United States, almost exactly the same as the 2.2
million who arrived during the three years prior to 2000, despite a
dramatic change in economic conditions.

* At the state level, there seems to be no clear relationship between
economic conditions and trends in immigration. Immigration levels have
matched or exceeded the pace of the late 1990s in Texas, New Jersey,
Virginia, Maryland, Illinois, Arizona, Washington, North Carolina, Georgia,
and New York -- even as all these states experienced a significant increase
in unemployment.

* Nationally, about half (1.2 million) of those who arrived in each
three-year time period (1997-2000 and 2000-2003) are estimated to be
illegal aliens. These figures are only for those in the workforce who were
captured in Census Bureau data.

* Looking only at the net increase in employment, the number of
foreign-born adults (legal and illegal) holding a job has grown 1.7 million
since 2000, while among natives the number working actually fell by 800,000.

"Immigration is a complex process driven by a variety of factors, many of
which have little to do with prevailing economic conditions in the United
States," said Steven A. Camarota, the Center's Director of Research and the
report's author. "This does not mean that economic factors are irrelevant.
However, the continued high rates of immigration, nationally and to
specific states hard hit by the recession, show that immigration is driven
mostly by the higher standard of living in the United States compared to
immigrant-sending countries, not by demand for labor in this country."

Other findings in the report:

* Although the number of foreign-born adults holding a job increased since
2000, the number unemployed also increased, by 600,000, and the
unemployment rate among the foreign-born rose from 4.9 to 7.4 percent.

* It is the very rapid growth in the foreign-born population that makes it
possible for the number of immigrants holding jobs and the number
unemployed to increase at the same time.

* The total foreign-born population (not just those in the workforce) has
grown by 3.5 million since 2000.

* As a share of the total population, the foreign-born now account for
almost one in eight residents of the United States, the highest percentage
in more than eight decades.

DISCUSSION. The current economic slowdown represents a real-world test of
the widespread contention that immigration is primarily driven by the labor
needs of the United States. The fact that immigration has not slowed
significantly since 2000, even though unemployment has increased
significantly, indicates that immigration levels do not simply reflect
demand for labor in this country. Rather, immigration is a complex process
driven by a variety of factors, many of which have little to do with the
job market in the United States. It is America's higher standard of living
that drives most immigration, and the disparity in living standards does
not disappear during downturns in the business cycle.

Given what they face in their home countries, prospective immigrants often
feel that even being unemployed or having to rely on assistance from the
government or family members in this country is still better than life back
home. Therefore, immigration is not a self-regulating process that rises
and falls with the economy. In contrast, during the previous Great Wave of
immigration at the turn of the last century, immigration levels were very
sensitive to economic conditions in the United States. This is primarily
because the disparity in living standards between the United States and
immigrant-sending countries today is much larger than it was in the past.
Since it is a government program, immigration could, of course, be reduced
by changing the selection criteria for legal immigrants and increasing
efforts to enforce the law. So far, however, neither Congress nor the
president has chosen to do this.

Contact: Steven Camarota, (202) 466-8185

The Center for Immigration Studies is an independent non-profit research
organization which examines the impact of immigration on the United States.

 



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