[July 15, 2007]

ASYLUM DECISIONS

¨ù                 that asylum seekers in the U.S. face broad disparities in the nation¡¯s 54 immigration courts, with the outcome of cases influenced by thins like the location of the court and the sex and professional background of judges?

¨ù                 that a study conducted by three law professors analyzed 140,000 cases adjudicated, for example:  Colombians had an 88 percent chance of winning asylum from one judge in the Miami immigration court and a 5 percent chance from another judge in the same court?

¨ù                 that an author of the study, Philip G. Schrag, a professor at Georgetown University Law Center, said ¡°It is very disturbing that these decisions can mean life or death, and they seem to a large extent to be the result of a clerk¡¯s random assignment of a case to a particular judge¡±?

¨ù                 that the study offers an unusually detailed window into the overburdened and often erratic immigration courts?

¨ù                 that though the immigration bill now being considered does not propose major revisions in asylum laws, those courts serve as the judicial backbone of the immigration system that would take on an immense new workload if the bill becomes law?

¨ù                 that the study by the three professors did not examine the judges¡¯ political affiliation or the administration that appointed them?

¨ù                 that the study suggests that the different willingness to grant asylum between male and female judges may in part have to do with their backgrounds?

¨ù                 that of 78 female judges in the study, 27 percent had previously worked for organizations that defended the rights of immigrants or the poor, while only 8 percent of 169 male judges had similar experience?

¨ù                 that though the study does not identify judges by name, profiles of immigration judges were drawn up separately by the Transactional Records Access Clearinghouse, a research group at Syracuse University?

¨ù                 that one of the most significant factors determining whether a judge would be likely to approve asylum petitions was sex, the study found. Female immigration judges grant asylum at a 44 percent higher rate than their male colleagues?

¨ù                 that according to the study, great differences also prevail among judges sitting on the same court and hearing similar asylum cases. In the Miami immigration court, one judge granted 3 percent of the asylum cases, while another granted 75 percent?

ARIZONA¡¯S  NEW LAWS RE ILLEGAL HIRING

¨ù                 that Arizona¡¯s new law imposes the stiffest sanctions in the U.S. for hiring illegal workers?

¨ù                 that Arizona leads the  nation in population growth and more illegal immigrants cross its borders?

¨ù                 that in an apparent backlash, the state is leading the change to halt illegal immigration by cracking on employers?

¨ù                 that the new law effectively sets up a two-strike penalty for businesses wherein an employer who hire an illegal immigrant would have its business license suspended temporarily and a second offence would mean a permanent revocation of the license?

¨ù                 that the bigger challenge may be enforcing such a law and it¡¯s constitutionality tested in the court?

¨ù                 that the business community dubbed the measure ¡°business death penalty¡±?

NATURALIZATION FOR MILITARY PERSONNEL

¨ù                 that recent changes in sections 328 and 329 of the INA make it easier for qualified military personnel to become U.S. citizens?

¨ù                 that in addition, U.S. Citizenship and Immigration Services (USCIS) has created a streamlined process specifically for military personnel serving on active-duty status or recently discharged?

¨ù                 that as of October 1, 2004, members of the U.S. Armed Forces do not pay a fee when filing for citizenship?

¨ù                 that to qualify, a military service member must meet certain requirements to become a U.S. citizen. These include: demonstrating good moral character, demonstrating knowledge of the English language, demonstrating knowledge of U.S. government and history (civics) and  demonstrating attachment to the U.S. by taking an oath of allegiance to the U.S. Constitution?

¨ù                 that military service members are exempt from other naturalization requirements outlined in the INA as amended by the National Defense Authorization Act for Fiscal Year 2004?

¨ù                 that Section 1703 of the National Defense Authorization Act for Fiscal Year 2004 - extension of posthumous benefits to surviving spouses, children, and parents - states that an alien spouse, child, or parent of a U.S. citizen service member of the U.S. Armed Forces who dies in combat or as a result of combat can file for citizenship within two years of that service member¡¯s death. For immigration purposes, the applicant will remain an immediate relative of the deceased service member. This status would be revoked should the spouse remarry?

¨ù                 that Section 1704 of the same act - Expedited process for granting posthumous citizenship to members of the armed services - states that a service member who dies in combat or as a result of combat may receive posthumous citizenship?

¨ù                 that the service member¡¯s next of kin, the Secretary of Defense, or the Secretary¡¯s designee with USCIS may make this request on behalf of the service member?

¨ù                 that a request for posthumous citizenship must be made within two years of the service member¡¯s death or within two years of the enactment of this section of the law?

¨ù                 that Section 1705 of the Act states that the amendments made by the provisions of the Act take effect as if enacted on September 11, 2001?

¨ù                 that on July 3, 2002, President Bush signed the ¡°Expedited Naturalization Executive Order¡± calling for the expedited naturalization of aliens and non-citizens serving on active duty in the U.S. Armed Forces during the War on Terrorism?

¨ù                 that the Executive Order allows active duty personnel serving on or after September 11, 2001 to immediately file for citizenship. Normally, a military service member would have to complete one-year of honorable service before qualifying to file for citizenship?

¨ù                 that Section 329 of the Immigration and Nationality Act authorizes the President to waive this requirement during periods of military hostilities.

¨ù                 that the INA allows for the awarding of posthumous citizenship to active-duty military personnel who die while serving in the U.S. Armed Forces?

¨ù                 that in addition, surviving family members seeking immigration benefits are given special consideration?

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