The U.S. Department of State has announced on its website at Travel.State.gov that it will begin accepting applications for the new U.S. Passport Card beginning on February 1, 2008.  The new cards are expected to be mailed out in the spring of 2008.  The card is to be used only for travel by land and sea and not by air.  The purpose of the card is to speed up document processing at U.S. ports of entry for travel from Canada, Mexico, the Caribbean and Bermuda.  The card will be valid for the same length of time as a regular passport: 10 years for adults and five years for children 15 years of age and younger.  The card will also contain a "vicinity-read radio frequency idenitifcation (RFID) chip."  The RFID chip will link the card to information stored in government databases. 

DHS ANNOUNCES REGULATIONS FOR THE ISSUANCE OF STATE DRIVERS' LICENCES AND IDENTIFICATION CARDS

On January 11, 2008 Department of Homeland Security (DHS) announced the publication of a final rule (REAL ID) concerning minimum requirements states must follow when issuing driver's licenses and identification cards.  The press release states that the reason for the requirements is in response to the growing rate of identity theft (according to the press release identity theft has increased by 800 percent from 2000 to 2006). 

The new rule will require states to comply with the following requirements when issuing driver licenses and state ID cards:  (1) certain information and security features must be on each card; (2) proof of the identity and proof of U.S. Citizenship or legal immigration status of the applicant must be confirmed; (3) documentation submitted by the applicant must be verified; and (4) certain security standards for state offices which issue driver's licenses and state ID's must be met.

The first deadline for compliance by states with the REAL ID requirements is December 31, 2009.

For more information go to:  http://www.dhs.gov/xnews/releases/pr_1200065427422.shtm. 

U.S. IMMIGRANTION AND CUSTOMS ENFORCEMENT (ICE) WILL NO LONGER INVOLUNTARILY SEDATE IMMIGRANTS IN DETENTION

By memorandum dated January 8, 2006 ICE announced that it will no longer involuntarily sedate immigrant detainees without first obtaining a federal court order.  In the past ICE would sedate immigrant detainees involuntarily without a court order.  The memo states that in applying for a court order allowing sedation the request must show why sedation is medically appropriate and would assist in the removal of the immigrant from the United States. The practice is used by ICE when transporting immigrants by airplane.

USCIS TO PUBLISH FINAL RULE REGARDING THE REPLACEMENT OF GREEN CARDS WHICH DO NOT HAVE AN EXPIRATION DATE

U.S. Immigration and Naturalization Services (USCIS) is preparing the publication of a final rule which will require immigrants in possession of a green card which does not have an expiration date to file an application for replacement of the green card.  Immigrants who currently possess a green card without the expiration date and continue to use the green card for travel and employment until procedures for replacement are implemented.  The final rule will set forth the time period for filing for a new green card.  Immigrants who currently possess a green card without an expiration date can file for a new green card now although there is no requiremet to do so at this time.

USCIS ADVISORY CONCERNING PROCESSING TIMES FOR APPLICATIONS

USCIS has announced that there may be a delay in the prcessing of certain applications due to a "significant increase in the number of applications filed; nearly double the number received in the same period last year."  (USCIS website at USCIS.gov).  Applicaitions for citizenship may take 16-18 months to adjudicate as a result.

In a decision decided December 20, 2007 Village Justice Thomas F. Liotti dismissed the charge of unlicensed operation of a motor vehicle filed against the defendant, an illegal immigrant.  State v. Rafael Quiroga-Puma, 2007 NY Slip Op 27527; 2007 N.Y. Misc. LEXIS 8379 (Dec. 20, 2007).  Justice Liotti held, in a 12 page opinion, that it was unconstitutional under state and federal law to charge the Defendant with driving without a license.  Justice Liotti reasoned that since an illegal immigrant does not possess the necessary identification documentation required by NY law in order to apply for a license the immigrant cannot then be charged with driving without a license.  Justice Liotti did find that the defendant violated the remaining charge of operating a motor vehicle without insurance. 

USCIS DENIES INFANT'S ADOPTION VISA DUE TO ADOPTIVE PARENT'S DWI CONVICTION

StarTribune.com reports that the United States Citizenship and Immigration Services (USCIS) denied an adoption visa to a Chinese infant applied for by an American couple on the ground that the husband had a misdemeanor drunk driving conviction, despite the fact that the adoption agency had approved the adoption.  As a result of the denial the infant is not permitted to enter the United States even though the couple has legally adopted the child.

ORAL DECLARATION ALONE NO LONGER SATISFACTORY EVIDENCE OF CITIZENSHIP FOR U.S., CANADIAN AND BERMUDIAN CITIZENS ENTERING THE U.S. 

The Department of Homeland Security, Bureau of Customs and Border Protection, published a rule in the Federal Register on December 21, 2007 announcing that citizens of the U.S., Canada and Bermuda can no longer be admitted to the U.S. simply on the person's oral declaration of citizenship.  Effective January 31, 2008 all travelers must present documents to U.S. Customs and Border Protection proving citizenship.  Acceptable documentation includes birth certificates and government issued identification documents such as a driver license.

The United States Senate confirmed the appointment of Julie Myers as the Assistant Secretary of Immigration and Customs Enforcement ("ICE") on December 19, 2007.  ICE was created in March 2003 after 9/11 by combining the law enforcement branches of the former Immigration and Naturalization Service (INS) and the former U.S. Customs Service.  ICE is responsible for the investigation, arrest and detention of individuals who violate the immigration laws of the United States.  Ms. Myers was nominated by President Bush on June 30, 2005 as the secretary of ICE.  Since the full Senate did not vote on Ms. Myers nomination President Bush issued her a recess appointment on January 4, 2006 to January 3, 2007 and then re-nominated her to the position on January 9, 2007.

USCIS ISSUES MEMORANDUM AUTHORIZING ASYLUM OFFICES TO KEEP FRAUDULENT DOCUMENTS

By memorandum dated November 30, 2007 Lynden Melmed, Chief Counsel, United States Citizenship and Immigration Services (USCIS), states that USCIS Asylum Officers adjudicating an application submitted by an immigrant seeking political asylum in the United States may take possession of a document at the asylum interview if the Officer suspects that the document is not authentic.  If the Officer decides to keep the document in order to verify its authenticity the Officer is required to issue the immigrant a receipt for the document.  The receipt must acknowledge the fact that USCIS has possession of the document, the reason why the document is being retained by USCIS and must also include a point of contact at the Asylum Office so that the immigrant can follow up on the status of the review of the document.  In the event that USCIS determines that the document is authentic USCIS is required to promptly return the document to the immigrant.  If USCIS determines that the document is fraudulent or a forgery then the document can be used against the immigrant for criminal and/or deportation proceedings.