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13 Immigration B. Bull. 1 (1960)

handle is hein.immigration/immigbbu0013 and id is 1 raw text is: IMMIGRATION BAR BULLETIN Published by THE ASSOCIATION OF IMMIGRATION ANDNATIONALITY LAWYERS W '. .. Give me your tired, your poor, your huddled masses yearning to breathe free . . . I lift my lamp beside the golden door. Vol. XIII January-March, 1960 No. 1 MESSAGE OF THE PRESIDENT ANDREW REINER During the last few weeks I have given much thought to this my first message to the membership. I pondered whether to engage in pleasant platitudes, meaningless, but offensive to none. But I believe it is time to speak out about the serious problems facing the specialists in the field of immigation and nationality law. In recent years laws, regulations, and administrative prac- tices have made it extremely difficult for a lawyer in our field to render effective aid to his client. Let us examine the situation more closely. Since the expiration of Section 244(a) (1) of the Immigation and Nationality Act there is no adjustment of status available for aliens who entered the United States illegally, even though they have lived here {or as long as 19 years, unless they happen to qualify under he provisions of Section 244(a) (5) which favors at the )resent time mostly rehabilitated criminals. While, under Section 245, adjustment of status is possible if a quota number is immediately available, or if the alien is entitled to non-quota status, natives of the West Indies and of certain countries bordering on the Caribbean Sea, and those of Canada and Mexico, are excluded in addition to aliens who did not make a lawful entry. On July 1, 1959 Canadian pre-examination was abolished. An alien, even one married to a United States citizen, must return to the country of his citizenship, often many thou- sands of miles away and at great expense and inconvenience to himself and his family, to obtain an immigrant visa. Such alien will often run the risk of being impressed into the Armed Forces of his country and to be separated from his American family. Then there are aliens who for political rea- sons cannot return to their country. They must risk persecu- tion unless some kindly American Consul will assume juris- diction over their case. Most American Consulates in neigh- boring foreign countries are too busy to accept such cases. A further anomalous situation exists in regard to first preference categories of many small quotas which are over- subscribed. Even the first preference Italian quota is ex- austed at the present. The petition is approved on the round that the alien's services are urgently needed in the United States and will be prospectively beneficial to the country, and then there is no quota available for the urgently needed applicant. Our Government condemns in unequivocal terms the denial of religious and political freedom in totalitarian countries, but applications of citizens of such countries, fac- ing deportation, for relief under 243H of the Immigra- tion and Nationality Act are often denied on the ground that there is no evidence that they would face physical persecution. Decisions of the Regional Commissioner on many of these questions are final and there is no appeal to the Board of Immigration Appeals, which was specifically created to re- view the decisions of the Service. Congress seriously con- siders a bill to limit judicial review in deportation and ex- clusion cases. These are but a few of the most glaring ex- amples of the hardships encountered by the practising attorney in our field. An additional word about technical difficulties. File num- bers and permanent records on visa petitions have been abolished. Often it is impossible to locate files quickly, with the result that beneficiaries lose precious privileges and might be forever separated from their families. Recently a dragnet type operation to locate an alien has completely tied up the work of the investigation section of our largest district office. Investigation of thousands of ap- plications and petitions have bogged down. The attorney representing this alien himself became the quarry of this dragnet. His office and his movements were kept under surveillance for many days until the court enjoined the Service from harassing the lawyer and interfering with the relationship between the lawyer and his client. Said Judge Dimock (SDNY) : It would destroy the administration of justice to permit the Government, in any way whatsoever to impede the free comunication between attorney and client. Fair administration of the immigration laws and humane enforcement policy cannot be accomplished by modern and economical office methods alone, commendable as they may be. The need is for human laws and regulations and adminis- trative policies which aim to unite and keep united families. An urgent need exists for a new and revised adjustment statute which will not leave a large group of deserving would-be immigants without effective remedy. First prefer- ence cases should be removed from quota limitations. Aliens (Continued on page 2)

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