Asylum and Other Immigration Issues

          Facing Foreign Athletes

      Darren Bennett, a citizen of Australia, joined the San Diego Chargers as a punter in 1994 and quickly established himself as a mainstay on the Chargers' roster. In 2000, after six years in the NFL, he was named to the Pro Football Hall of Fame All-Decade Team of the 1990s. Bennett played in the United States on a P-1 visa, which is reserved for athletes and others having internationally recognized expertise. In 1998, after Bennett's fourth year in the NFL, the Immigration and Naturalization Service questioned Bennett's qualifications for a P-1 visa. The INS informed Bennett that he was at risk of being deported unless he could prove that his employment with the Chargers was not depriving a U.S. citizen of a spot on the team. The football player was required to demonstrate that he was uniquely qualified for his line of work. The INS suggested to Bennett that a letter from a sportswriter might bolster his case. Upon learning of Bennett's predicament, Sports Illustrated went one step further. The magazine assigned writer John Walters to profile Bennett's prowess as a punter. The result, an article styled as an open letter to the INS, appeared in Sports Illustrated in October 1998 under the headline "Don't Kick Him Out." With the help of Sports Illustrated, Bennett's P-1 visa was secure.

      U.S. Citizenship and Immigration Services (USCIS), formerly called the Immigration and Naturalization Service, is responsible for ensuring that citizens from other countries who work in the United States do not take jobs that could be performed by U.S. citizens. In performing this function, USCIS oversees an elaborate system of work-related visas. The visa system gives special consideration to persons of outstanding ability, whether in athletics or in other professions.