News Update - March 6, 2007

By Alan Lee, Esq.^†‡

Uniform Drivers License Standards Proposed by DHS

On March 1, 2007, the DHS announced its proposal to create minimum standards for all State issued driver’s licenses and identification cards. The requirement to promulgate regulations is contained in the REAL ID Act, part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act. The proposed regulations come two years after passage of the REALID Act in May 2005. DHS Secretary Chertoff stated, “These standards correct glaring vulnerabilities exploited by some of the 9/11 hijackers… and protect Americans’ privacy against identity theft and the use of fraudulent documents.”

Change in Biometric Processing Procedure for Conditional Permanent Residents

USCIS announced new biometric processing procedures for conditional permanent residents who file form I-751 to remove the condition. Petitioners and derivative beneficiaries will no longer have manual I-89 processing at the local office. After filing form I-751 with correct fee, including the $70 biometric processing fee for all applicants AND dependents regardless of age, an appointment with the Application Support Center (ASC) will automatically be sent. The ASC will electronically capture the photograph, signature, index finger and ten-print fingerprints so that criminal background checks can be processed and permanent residence cards can be produced upon approval.

Social Security Extends Computer Match Program Another 18 months

The Social Security Administration (SSA) has submitted a report to Congress and will extend its’ program of sharing information with law enforcement agencies for at least 18 months past the April 19, 2007 expiration of its current program. The program's stated purpose is to allow law enforcement agencies to disclose information on fugitive felons and parole or probation violators who may be ineligible for certain government benefits or payments from the SSA.

† The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

‡ This article © 2007 Alan Lee, Esq.

Copyright © 2003-2012 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.