AILA ADVOCACY UPDATE
Vol. 5, No. 4, March 30, 2001

"All the Latest Immigration News"

AILA’s 2001 Lobby Day was a huge success with about 100 AILA members fanning out over Capital Hill. AILA members met with their Representatives and Senators and their staffs to discuss our priority issues this year: Restoration of Section 245(i), Due Process Reforms, INS Reorganization, and Essential Workers. The Advocacy Department would like to thank all AILA members who made this our most successful Lobby Day yet and encourage others to participate next year.

Members reported being well received in these offices.  We are hopeful that a new attitude toward immigrants and immigration is emerging on Capitol Hill. However, our work has only just begun. Please remember to return your Lobby Day Report Form (Document ID 23LD1001 on InfoNet) to the Advocacy Department while the visits are still fresh in your mind. These reports will allow the National Advocacy staff to follow up with your Members of Congress to further our advocacy agenda.

Please also remember that your relationship with Congress does not end after Lobby Day. Be sure to follow up with any information requested by your Member of Congress, and continue to send relevant material from their District/State that supports our positions. For more ideas about strengthening your relationship with your Congressional Delegation, contact the Advocacy Department or check out the Advocacy Center on InfoNet. And be sure to tell others in your chapter to join us for Lobby Day 2002!

SECTION 245(i) EXTENSIONS INTRODUCED 

The LIFE Act that was passed and signed into law in December 2000 included a provision that extended Section 245(i) from January 14, 1998 until April 30, 2001.  (Advocates unsuccessfully sought a permanent extension.) With the April 30, 2001 deadline looming, many immigrants are seeking to file petitions with the Immigration and Naturalization Service (INS) and applications with the Department of Labor (DOL);  unfortunately, there are insufficient lawyers and authorized community groups to help them through this process, and unlicensed “notarios” and “immigration consultants” have emerged nationwide to take advantage of the confusion and uncertainties generated by the new LIFE law.  The situation is critical in many states, including in New York, where Governor George Pataki has indicated his strong support for an extension of Section 245(i). 

Two bills have been introduced in Congress to extend the April 30 deadline. Representative Charles Rangel (D-NY) on March 22 introduced H.R. 1195 that would extend the deadline by one year to April 30, 2002.  Representative Peter King (R-NY), along with 20 other Representatives from both parties, introduced on March 27 H.R. 1242 that would extend the deadline for six months to October 31, 2001.   

While AILA strongly supports the permanent restoration of Section 245(i), we also support these extension measures because there simply are not enough legal and community resources to serve eligible people before the April 30 deadline.  AILA supports a permanent extension to allow people on the brink of becoming permanent legal residents to file their green card applications within the U.S., rather than having to travel back to their home countries and possibly face draconian consequences that would prevent them from returning to America for years.  Section 245(i) provides  needed flexibility in the law  keeps families together, allows businesses to retain valued employees, and generates funds for INS processing and enforcement.

LEGISLATION TO PROTECT UNACCOMPANIED MINORS

Senator Dianne Feinstein (D-CA) on January 22 introduced S. 121, the Unaccompanied Alien Minor Protection Act of 2001.  This legislation responds to the fact that more than 5,000 foreign-born children annually enter the U.S. from abroad unaccompanied by a parent or guardian.  Many of these children are asylum seekers who have experienced persecution against themselves or their family members and seek protection, while others have been smuggled into the country and are at risk of being forced into sweatshop labor or worse.  Some of these children are victims of neglect, abuse, or abandonment.

Upon apprehension by the INS, these children are placed in detention, often without access to an attorney or opportunities for education, contact with family members, or trips outside the facility.  They also can be subject to punitive measures despite not having committed any crime, such as handcuffing, shackling, or, in some cases, solitary confinement.  Last year alone, nearly 2,000 children were placed in juvenile detention facilities and commingled with youthful offenders who committed violent crimes.  Because they have little access to legal assistance, these children are unable to apply for asylum relief.  Without such assistance, they are returned to their home countries and again subjected to human rights abuses.

S.121 makes important changes in the way our nation addresses the problems affecting unaccompanied children.  First, it creates a separate office devoted to children’s services within the Department of Justice.  It requires the appointment of legal counsel and guardians ad litem ("friend of the child") for each child to ensure that their best interests are served.  It also provides clear guidelines for the standard of care for these children, ensuring that unaccompanied children are housed in appropriate shelters or with foster families if their own families are unable to care for them.

Representative Zoe Lofgren (D-CA) is expected to shortly introduce a companion bill in the House.  AILA urges its members to support this effort to ensure that the rights of all unaccompanied children are protected and that the principle of the best interest of the child is upheld in all cases.

LEGISLATION TO CHANGE THE REGISTRY DATE INTRODUCED IN THE SENATE

Senator Harry Reid (D-NV) on March 19 introduced S.562, the Working Families Registry Act (this is similar to the bill he introduced last Congress).  The bill would change the registry date from January 1, 1972, to January 1, 1986.  The registry date has been part of immigration law since 1929, granting people who have resided continuously in the U.S. since the registry date the opportunity to become permanent residents.  The law needs to be updated periodically, as has been done in the past, so it does not become obsolete and would apply only to people who have been in the U.S. since the specific selected date. The registry date has not been changed since the Reagan Administration proposed and passed the Immigration Reform and Control Act of 1986 (IRCA).  The cut-off date of January 1, 1972 set by that law is too remote to be effective today. 

If S. 562 were to pass, persons who have resided continuously in the U.S. since January 1, 1986, and who are otherwise eligible to immigrate, would be allowed to adjust their status and become permanent residents of the U.S.  This bill also would institute a “rolling registry” date that would automatically move the registry date up one year each year until January 1, 2006.  In other words, on January 2002, the date of registry would automatically change to January 1, 1987, thereby maintaining the fifteen year differential. The date of registry would continue to change on a rolling basis through January 1, 2006, at which point the registry date would be January 1, 1991. 

The registry date has been used to preserve fairness and to recognize the valuable contributions of certain long-term residents of the U.S.  Eligible people must prove that they have continuously resided in the U.S. since the registry date, that they have good moral character, that they are not ineligible for citizenship, and that they are not inadmissible as criminals.  AILA strongly supports S.562 and its recognition of the important contributions long-term residents make to our society and economy.

BIPARTISAN LEGISLATION TO BAN SECRET EVIDENCE INTRODUCED

Introduced by representatives David Bonior (D-MI), Bob Barr (R-GA), and Tom Davis (R-VA), on March 28,  H.R. 1266 would ban the use of secret evidence during INS proceedings.  The legislation would change the provisions of two overly harsh 1996 laws that currently allow the INS to use secret evidence to deport permanent residents, deny asylum to applicants, and deny bond to detained immigrants.  This practice has resulted in immigrants being unable to review the evidence against them in order to defend themselves.  Every Federal Court that has ruled on the use of secret evidence has held that it violates the Constitution.

H.R. 1266 would require the INS to follow the same rules for using classified information in immigration proceedings that are used in the prosecution of criminals under Federal law.  Under the new legislation, the due process protections provided by the Classified Information Procedures Act (CIPA) would be applied in deportation cases, bond hearings, and other immigration proceedings.  These rules require an independent judge to create an unclassified summary of the classified information and provide the summary to the immigration judge and the accused immigrant. There would be no "secret evidence" because the immigration judge would base his or her decision on the same information that is shared with the immigrant. The government could still prosecute and punish terrorists, as it did in the bombings of the World Trade Center and the Federal Building in Oklahoma City.  AILA supports this important effort to restore fairness and due process to our immigration laws, while protecting our country’s ability to prosecute criminals.

HOUSE JUDICIARY COMMITTEE APPROVES RULES OF PROCEDURE FOR PRIVATE IMMIGRATION BILLS

The House Judiciary Committee on March 28 approved the Subcommittee on Immigration and Claims’ rules of procedure for private immigration bills in the 107^th Congress.  The rules are identical to those adopted for the 106^th Congress.  A complete copy of the Rules of Procedure is available to AILA members on the AILA InfoNet.

Since the passage of the harsh 1996 laws, the number and importance of private immigration bills have increased.  The rules of procedure adopted by the Subcommittee on Immigration and Claims describe the procedures that members of Congress must follow in introducing a bill and provide a statement of policy on what types of facts warrant legislative action in an individual claim.  As in the previous Congress, the current subcommittee has established strict rules on the types of cases that will be considered and the supporting documentation that is necessary.  Examples of some of the limitations imposed are as follows:

• No private bill shall be scheduled for Subcommittee action until all administrative and judicial remedies have been exhausted.

• As a general rule, the Subcommittee will not intervene in deportation proceedings and will not request stays of deportation on behalf of beneficiaries.  However, the Subcommittee may, at a formal meeting, entertain a motion to request that the INS provide the Subcommittee with a departmental report on a beneficiary.  In the past, the INS has honored requests for departmental reports by staying deportation until final action is taken on the private bill.  Only those cases designed to prevent extreme hardship to the beneficiary or a U.S. citizen spouse, parent, or child will merit a request for a report.

• The Subcommittee will take no further action on a private bill that has been tabled by the full Judiciary Committee.  The rules also indicate that the Subcommittee will be reluctant to consider bills introduced in a previous Congress.

• Bills that are not in compliance with the rules, that waive the two-year foreign residence requirement for doctors, or that waive any law regarding naturalization will be subject to procedural objections that may only be overcome by a two-thirds vote of the Subcommittee.

In the past, Representative Lamar Smith (R-TX), the former chairman of the Subcommittee, took a very strict view of the types of cases that complied with the formal rules and statement of policy.  Because bills that are found not to be in compliance require a two-thirds vote to proceed, very few bills had any chance of consideration or passage.  It is unclear how Representative George Gekas (R-PA), the current chair of the Subcommittee, will rule on these issues.

LEGISLATION RECENTLY INTRODUCED IN THE 107th CONGRESS

S. 562  Working Families Registry Act. Introduced by Senator Reid (D-NV), S.562 would amend the Immigration and Nationality Act to update the registry date from 1972 to 1986 thereby extending the admission date for permanent residence for certain aliens. This bill also includes additional one-year extensions starting in January 2002 through January 2006 eventually bringing the registry date to 1991 in the year 2006.

S. 121  Unaccompanied Alien Child Protection Act of 2001.  Introduced by Senator Dianne Feinstein (D- CA), S.121 would establish an Office of Children's Services within the Department of Justice to coordinate and implement government actions involving unaccompanied alien children.

H.R. 1266 Secret Evidence. Introduced by Representative David Bonior (D-MI), H.R. 1266 would ensure that no alien is removed, denied a benefit under the Immigration and Nationality Act, or otherwise deprived of liberty, based on evidence that is kept secret from the alien.

H.R. 1242 Extension of 245(i) Deadline. Introduced by Representative King (R-NY), H.R. 1242 would expand the class of beneficiaries who may apply for adjustment of status under Section 245(i) by extending the deadline for classification petition and labor certification filings until October 31, 2001.

H.R. 1195 Extension of 245(i) Deadline.  Introduced by Representative Charles Rangel (D-NY), this measure would expand the class of beneficiaries who may apply for adjustment of status under Section 245(i) by extending the deadline until April 30, 2002.

H.R. 707 Central American and Haitian Adjustment Act of 1999. Introduced by Representative Christopher Smith (R-NJ), H.R. 707 would amend the Nicaraguan Adjustment and Central American Relief Act to provide to certain nationals of El Salvador, Guatemala, Honduras, and Haiti an opportunity to apply for adjustment of status under that act.

H.R. 500  U.S. Employee, Family Unity, and Legalization Act. Introduced by Representative Luis Gutierrez (D-IL), H.R. 500 calls for changes in the INA including a change of entry date into the United States for purposes of a record of admission for permanent residence for certain aliens; the elimination of retroactive application; restoration of proportionality to grounds of removal; elimination of prohibition on admission for aliens who have been unlawfully present in the United States; visas for certain spouses and children of citizens and permanent residents temporarily waiting for visa numbers; and the establishment of a national task force on the exploitation of and trafficking of immigrants.

H.R. 357  Liberian Refugee Immigration Protection Act of 2001. Introduced by Representative Patrick Kennedy (D-RI), H.R. 357 would adjust the immigration status of certain Liberian nationals who were provided refuge in the United States.

H.R. 348 Central American and Haitian Adjustment Act of 1999.  Introduced by Representative Luis Gutierrez (D-IL), H.R.348 would amend the Nicaraguan Adjustment and Central American Relief Act to provide to certain nationals of El Salvador, Guatemala, Honduras, and Haiti an opportunity to apply for adjustment of status under that act.

H.R. 87 Keeping Families Together Act of 2001. Introduced by Representative Bob Filner (D-CA), H.R. 87 would amend the Immigration and Nationality Act to restore certain provisions relating to the definition of aggravated felony and other provisions as they were before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

ADVOCACY AND INFORMATION RESOURCES ON THE WEB!

Resource materials for all of AILA’s Advocacy issues are available in the Advocacy Center on AILA InfoNet (www.aila.org/infonet) and in the Newsroom on the AILA Web Site (www.aila.org). Here is a sampling of what you can find:

In the Advocacy Center of InfoNet (for AILA Members Only)

• Contact Congress/Media: Locate and send e-mails on AILA’s issues to your Members of Congress, send letters to the editor or story ideas to your local print, radio and television media; Check your Senators’ and Representative’s voting record and co-sponsorship on AILA’s bills and issues.

• Advocacy Tools: Issue-specific handbooks with how-to’s, issue backgrounders, sample letter and op-eds; Advocacy and Media Handbooks; Tips for Media Advocates; AILA’s Issue Papers and fact sheets.

• Advocacy Update and Connect! The Advocacy Department’s regular publications keep you up-to-date on the latest happenings in Congress and the Media, to keep you “in the know” with your clients.

In the Newsroom at the AILA Website (for AILA Members, their clients, the media, and the general public):

• Hot Bills/Legislative Update:  Major legislation introduced on AILA’s priority issues; Update on happenings on the Hill

•  Press Releases: AILA Speaks on the immigration news of the day

•  Fact Sheets/Issue Papers: Backgrounders on immigration and AILA’s priority issues

• Testimony: AILA Members before Congress

•  Statements and Correspondence: AILA Members’ letters to the editor and op-eds; official correspondence with Congress and the White House.

If you do not see something you need, ASK! We will be happy to prepare something and share it with all. If you have any questions, contact the Advocacy Department at 202-216-2400 or e-mail ssatpathy@aila.org

IMMIGRATION AROUND THE NATION

Members & Staff in the News. Robert Frank (New Jersey) was quoted in a March 27 Newark Star-Ledger article about Section 245(i). Mario Russell (Southern California)[H was quoted in a March 27 Bergen County Record article about Section 245(i) and the increasing number of marriages between immigrants and citizens. Greg Siskind (Tennessee) was quoted in a March 27 Reuter’s dispatch about H-1B visas. Vic Goel (Maryland) was quoted in a March 26 Computerworld article about H-1B visas. A March 23 Wired article about H-1B visas quoted Indu Liladhar-Hathi (Southern California), Dyann DelVecchio (Massachusetts) and Crystal Williams (national office). Karen Musalo (Northern California) was quoted in a March 22 Los Angeles Times article about a Ninth Circuit ruling that granted asylum on the grounds of domestic abuse. A similar article in March 22 The San Francisco Chronicle quoted Niels Frenzen (Southern California). Theresa Cardinal Brown (national office) was quoted in a March 21 Washington Post article about H-1B visa approvals. Hemant Habbu (Southern California) was quoted in a March 19 Contra Costa Times article about layoff fears among H-1B visa holders. Dyann DelVecchio (Massachusetts) and Crystal Williams (national office) were quoted in a March 16 article about H-1B visas that ran in Wired. Howard Skolnick (Texas) was quoted in a March 12 Compterworld article about H-1B visas. Tammy Fox-Isicoff (Southern Florida) was quoted in a March 10 Miami Herald article about Section 245(i). An article by Bob Beer (Georgia) about Section 245(i) was published in the March issue of Cobb Bar News.

Immigration Issues in the News.

Adoption. The Wheaton (MD) Sun ran a March 12 article about the Child Citizenship Act. The Minneapolis Star-Tribune ran a March 9 on the same topic.

Citizenship. The Washington Post ran a March 15 article about 50 immigrants becoming citizens during halftime at a National Basketball Association game.

Consumer Protection. A March 20 Associated Press article reported on fraud charges filed by Los Angeles County prosecutors against 10 notarios. The Los Angeles Times ran a March 7 article about notarios making erroneous claims regarding Section 245(i).

Demographics. For much of February and March, USA Today ran a series of articles reporting on Census data from various parts of the country. The New York Times ran a March 28 report noting that Hispanics now outnumber African-Americans in Florida, and an article about Arizona’s growth spurt due largely to immigrants (a similar article ran in the March 28 Miami Herald). A March 26 Anchorage Daily News article noted that the Census Bureau reports that immigrants have added to the growing diversity of the United States. The Christian Science Monitor ran a March 26 article about the growing Hispanic population. The New York Times ran a March 25 article about Census data showing Hispanics may soon become the majority in Texas. The same newspaper ran a March 23 article about Atlanta’s increasing Hispanic population (a similar article ran in that day’s Atlanta Journal-Constitution). Associated Press ran a March 14 dispatch about the Hispanic population in Alabama. The Los Angeles Times ran a March 13 article about Census findings that illustrate diversity in America. The Chicago Sun-Times ran a March 11 article about Hispanics changing the urban ethnic landscape. An article in the March 10 Washington Post reported that immigrants are diversifying the Virginia suburbs. The Washington Post ran March 9 articles on the rising number of immigrants in Northern Virginia, and on the growing diversity in Washington’s suburbs. The Wall Street Journal ran a March 8 article about the number of Hispanic immigrants (similar articles ran in The New York Times and Associated Press).

Due Process. The Village Voice ran a March 24 article about a Nigerian asylum seeker detained by the INS for nearly a year. The Atlanta Journal-Constitution ran a March 16 article about a Dominican immigrant threatened with deportation because she voted thinking she was a citizen. The New York Times ran a March 13 article about the U.S. Supreme Court hearing oral arguments on two cases focusing on due process rights of immigrants and legal permanent residents. The Sacramento Bee ran a March 13 article about immigrants being detained indefinitely by the INS. The Christian Science Monitor ran a March 12 article about the lack of due process in IIRAIRA. The Houston Chronicle ran a March 8 article about the INS ignoring a Fifth Circuit ruling that drunk driving was not a crime of violence under the INA.

Economics. USA Today reported March 26 that immigrants might be powering the high-tech sector in Idaho. The Los Angeles Times ran a March 22 article about Latino immigrants assisting the high-tech boom in North Carolina. USA Today ran a March 19 article about an urban renaissance caused by immigrants. A column in the March 18 Washington Post noted that immigration may save the United States from population losses and resultant benefit cuts. The New York Times ran a March 16 article saying that New York City’s revitalization during the 1990s partially was due to immigrants. The Washington Post ran a March 16 article about how immigrants are fueling the economic revitalization of U.S. cities. The Wall Street Journal ran a March 16 article about how immigrants are fueling a resurgence of the nation’s biggest cities (a similar article, focusing on New York City, ran in the March 16 USA Today). The Los Angeles Times ran a March 16 article about the lure of jobs at McDonald’s to Latino immigrants. The Bergen County Record ran a March 16 article about poultry businesses catering to immigrants. An article in the March 15 USA Today noted that Hispanic immigrants had helped Oregon come out of an economic downturn. The Washington Post ran a March 15 article about the fortunes of recent immigrants in the Washington area. The Las Vegas Review-Journal ran a March 14 article about businesses catering to Hispanics. The March 13 Jersey Journal ran an article about immigrants revitalizing the New Jersey economy. The Washington Post ran a March 13 article about Hispanic immigrants reviving an Oklahoma town. A March 13 Associated Press article noted that immigrant workers are boosting Nevada’s population. The Los Angeles Times ran a March 12 article about the impact of immigrants on the U.S. economy. A March 10 article in The Los Angeles Times noted that immigrants helped fuel U.S. economic growth. The Bergen County Record ran a March 9 article about how immigrants are revitalizing the economy of northern New Jersey (a similar article ran in the March 9 New York Times).

Education. The Los Angeles Times ran a March 25 article about undocumented college students.

Essential Workers. The Bangor Daily News ran a March 21 article about Maine businesses’ reliance on foreign workers to fill essential positions. Time Magazine ran a March 20 article about Iowa’s efforts to attract immigrants for essential worker jobs.

Guest Workers. A column in the March 20 Arizona Republic called for legalization for guest workers. The Arizona Daily Star ran a March 14 article about guest worker proposals. The Orange County Register ran a March 9 article about the Congressional Hispanic Caucus rejecting a guest-worker proposal put forth by Senator Phil Gramm (R-TX).

H-1B Visas. Reuter’s ran a March 21 dispatch about proposals to overhaul the H-1B program and all business immigration. ZD Net News ran a March 16 article about the number of H-1B visas the INS says it issued during FY 01. The San Jose Mercury News ran a March 14 article about layoffs hitting H-1B visa holders (a similar article ran in the March 13 Wired). Computer World ran a March 13 article about H-1B visas. 

Immigrants. The Washington Post ran a March 19 article about immigrants sending money to relatives in their native countries. The San Antonio Express-News ran a March 19 article about a proposal to build a museum dedicating to Hispanic immigrants.

Immigration. A column in the March 26 Los Angeles Times recommended overhauling the entire U.S. immigration system. The New York Times ran a March 11 article about the Washington State Supreme Court awarding a posthumous law license to a Japanese immigrant barred from practicing law in the early 1900s.

Labor & Immigrants. Los Angeles Weekly ran a March 9 article about union organizing efforts targeting immigrant workers (a similar article ran in the March 15 Christian Science Monitor).

Mexico. A March 25 Los Angeles Times column noted that California has nothing to fear from Mexican immigration. The New York Times ran a March 18 article about the risks Mexicans take when trying to enter the U.S. without inspection. The Dallas Morning News ran a March 7 article about a proposal by Mexico to grant healthcare benefits to immigrants from that country.

Politics. The Washington Post ran a March 25 article about the growing political power of Asian Americans in the Washington area. The Washington Times ran a March 19 profile of Representative James Sensenbrenner (R-WI), chairman of the House Judiciary Committee. Congress Daily ran a March 12 article about congressional leaders taking their immigration cues from President Bush.

Restrictionists. Associated Press ran a March 27 dispatch about a Center for Immigration Studies report alleging that recent immigrants are faring worse than previous ones (that report was contradicted by comments from the former Census Director). A March 26 article in WorldNetDaily reported that the INS deports just one percent of undocumented immigrants. The Las Vegas Sun ran a March 26 article about attempts by some members of the Sierra Club to restrict immigration (a similar article ran in the March 16 issue of the same newspaper). A column in the March 19 Chicago Tribune alleged that immigrants are causing a loss of U.S. national identity. An op-ed written by Dan Stein published in the March 18 Los Angeles Daily News blamed immigrants for urban sprawl. Conservative News Service ran a March 6 article about the Federation for American Immigration Reform attacking President Bush granting Temporary Protected Status to Salvadorans.

Section 245(i). The Courier News ran a Match 26 article about the number of immigrants making adjustment of status applications under Section 245(i). USA Today Times ran a March 28 article about the increasing number of marriages between immigrants and U.S. citizens, which some say is a result of the April 30 deadline for filing for adjustment under Section 245(i) (similar articles ran in the March 23 New York Times and the March 15 Los Angeles Times). An article in the March 25 Virginian-Pilot reported the impact of Section 245(i) on local INS offices and immigration lawyers. The Houston Chronicle ran a March 19 article about efforts by the local school district to educate immigrants about Section 245(i).  The New York Times ran a March 12 article about efforts by New York Governor Pataki to inform immigrants of the provisions of Section 245(i).

Contributors:

Jeanne A. Butterfield, Executive Director of AILA
Judith E. Golub, Senior Director of Advocacy and Public Affairs
Theresa C. Brown, Associate Director of Business Immigration
Matt Tallmer, Public Affairs Manager
Ben Johnson, Associate Director
Supriya Satpathy, Advocacy Assistant

23AU1007-03-30-01

Copyright © 2001, American Immigration Lawyers Association