House to Vote on Extension of Section 245(i)

March 11, 2002

The House of Representatives is expected to vote on Section 245(i) as early as Tuesday, March 12, as part of the Border Security Bill.  No action on this legislation has taken place this Congressional session.  However, in anticipation of the President’s March 22 meeting with Mexican President Vicente Fox, the Bush Administration is actively working to extend Section 245(i).

The current proposal to be voted on by the House contains the following provisions:

·        It will extend Section 245(i) until November 30, 2002, or four months after the INS issues regulations implementing the law, whichever is earliest.

·        Eligibility for Section 245(i) must be established prior to August 15, 2001.  For people who are submitting a family-based application, the new provision would require that the “familial relationship that is the basis of the application” existed before August 15, 2001.  For people who are submitting an employment-based application, they would have to prove that a labor certification was submitted prior to August 15, 2001.

These provisions are, obviously, seriously flawed, and advocates of a more realistic extension of Section 245(i) have voiced their concerns.  Any bill passed by the House must be reconciled with any Senate version that might be passed.  As of this date, no similar bill is scheduled for a vote in the Senate.

 


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