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9/11 immigration crackdown hits law-abiding residents hard
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By KELLI SAMANTHA HEWETT
Staff Writer
Red tape causes jailings, deportations
The worst of John Colin Smith's U.S. immigration nightmare came in July 2002, when the Belle Meade resident was jailed overnight with an accused Thai drug smuggler.
Originally from London, Smith has worked legally in the United States since the 1980s, designing and building recording studios. He says he's never had a legal problem, not even a speeding ticket.
But changes in immigration policies after the Sept. 11 attacks left Smith with a web of government red tape, two deportations and that night in jail.
Middle Tennessee immigration experts say the hastily revamped federal immigration service, new FBI security checks and understaffing create backlogs and drama for foreigners trying to legally work, study and resettle here.
''It was just an unreal feeling,'' said Smith. ''I can laugh about it now, but at the time it wasn't funny.''
When his visa unexpectedly expired - he had filed his renewal more than six months earlier - Smith was denied re-entry into the country at Dulles Airport after a two-week trip to Europe with his then-fiancée, U.S. citizen Cheryl Melton of Belle Meade.
The two were separated in the airport immigration line and she was left holding his suitcase, wondering what had happened. Smith was taken into a room, questioned, fingerprinted, handcuffed and put on the next plane for London.
A month later, Smith thought his case was in order and he could come back. But he was deported a second time - jailed for a day and a half while he waited for the next plane to London.
His nightmare continued. His work visa was denied. He was estranged from his home and job for nearly a year.
''I was stunned and scared,'' Melton said.
The couple didn't give up, and applied for a fiance visa instead. The last leg of paperwork came this July, after help from U.S. Sen. Bill Frist's office. Smith and his bride were finally married Sunday.
''I think we are going to continue to see a very turbulent time in our immigration system, at least for the next few years,'' said their attorney, Greg Siskind, who has offices in Nashville and Memphis.
Many of the changes are continuing during the former Immigration and Naturalization Service's transition into three separate divisions of the new federal Department of Homeland Security: the U.S. Citizenship and Immigration Services to process paperwork; the Bureau of Immigration and Customs Enforcement for enforcement and deportation; and the U.S. Bureau of Customs and Border Protection for border patrols.
It's tough to communicate with the agencies involved, say immigration lawyers, applicants and aides in congressional offices.
Catholic Charities in Nashville has seen a substantial drop in the resettlement of refugees, which follows a national trend.
''We've resettled about a third of what we did pre-Sept. 11,'' said Holly Johnson, who handles resettlement for Catholic Charities in Middle Tennessee.
All are family-related cases, Johnson said, which means close relatives - parents, children and siblings - are often separated.
University students face similar challenges: New requirements to document more details about foreign students are delaying visas.
''The security part I understand 100%, but they are so inefficient and unorganized,'' said makeup artist Maureen Anstey, a Canadian now living legally in Nashville.
Anstey liked the United States enough to apply for permanent residence, but she desperately wants government-issued travel documents so she can legally visit her sick, 88-year-old father in Canada.
if she leaves without the authorization, she forfeits her permanent residence application. The process, which used to take about a month, can now take six months for additional security checks - regardless of her father's health.
''It's really tough to tell clients there's nothing much more I can do,'' said Anstey's attorney, Cheryl Williams, of Rose Immigration Law Firm in Nashville. ''It affects people's lives very greatly.''
Home countries
Top home countries of Tennessee's 167,999 foreign-born residents:
o Mexico, 51,174
o Germany, 7,999
o India, 7,129
o Canada, 6,918
o United Kingdom, 6,403
o China/Hong Kong/Taiwan, 6,124
Source: U.S. Census, 2000/Center for Immigration Studies