AILA ADVOCACY
UPDATE
Vol.
4, No. 12
November 21, 2000
LEGISLATIVE UPDATE
Looking Toward the 107th Congress in a Lame-Duck Session World
Who would have guessed that we would be where we are today? Weeks after the Presidential elections we still do not know the identity of the next President of the United States, nor exactly how or when we will know. Pro-immigration advocates are asking if a President Bush would translate campaign rhetoric into reality and succeed in steering the Republican Party away from the restrictionist forces that have held sway for so long. Advocates also wonder if a President Gore would include a pro-immigration agenda in his top priorities. Just as the outcome of the Presidential election is unclear, so too is the end game for the 106th Congress. With two key issues hanging in the balance, the Latino and Immigrant Fairness Act and a down payment on due process reform in H.R. 5062, advocates cannot rest during these next few weeks. We need to continue our efforts in support of these important measures. Please look on InfoNet for information about these important issues, and contact the Advocacy Department with any questions.
While there is much now we do not know, several facts have emerged. We know that this election probably did not produce a mandate for either Party. If there was one, it is that both parties need to stop bickering and get things done! However, given recent history, conflict rather than accommodation appears the more likely response. We also know that Republican control over both Houses of Congress will be even more challenged in the 107th Congress than it has been in the 106th, with the Senate split either 50/50 or 51/49 (depending on the outcome of the Washington state Senate race) and the House split 221-212, with several races still outstanding. Observers offer differing opinions about whether these close margins will lead to conflict or accommodation.
Pro-immigration advocates are closely watching whom Republican leadership will name to chair the Senate and House Immigration Subcommittees. With term limits in the House, Representative Lamar Smith no longer will chair the House Subcommittee. At the time of this writing, three candidates have emerged, Representatives Gallegly (CA), Barr (GA), and Cannon (UT). Representatives Gallegly and Barr share Lamar Smith’s views on immigration. In contrast, Representative Cannon has supported the restoration of Section 245(i) and the H-1B visa increase. While the chairmanship of the subcommittee is still in play, it appears that Representative James Sensenbrenner (WI), who does not support our pro-immigration agenda, will chair the full Judiciary Committee. Less is known about the Senate, other than that the defeat of Senator Spencer Abraham leaves the subcommittee chairmanship open. Possible candidates include Senators Specter (PA), or a Senator newly appointed to the Subcommittee. Senator Orrin Hatch (UT), the current chair and chief sponsor of the LIFE Act (the Republican counter-proposal to LIFA) will remain as chair of the full Judiciary Committee.
We also know that while immigration was not the lightening rod it was in the 1996 elections, immigrant voters are here to stay and in this election were supportive of Democratic candidates. In fact polling data shows that Republican opposition to the Latino and Immigrant Fairness Act (LIFA) ended up hurting both George Bush and Republicans in high profile House races. Republican candidate George W. Bush’s outreach to the Hispanic community had been paying off until opposition to LIFA cut into his support among Latinos during the campaign’s final days, according to Hispanic Trends, a Miami-based polling and research firm. For example, among foreign-born Latino voters who were naturalized in the 1980s, Governor Bush went from a five-point lead in the week before the election to a 17-point deficit. And in the several competitive California House races (in which Democrats defeated Republicans), Latino voters constituted from 7% to 38% of the electorate.
Overall, Latinos nationally supported Gore 62%, versus 35% for Bush. The Latino vote was central to Gore victories in California, New York, Pennsylvania, Michigan, Wisconsin, and (depending on the outcome) New Mexico. The Asian –Pacific American vote shows similar trends. A poll conducted by the Asian Pacific American Legal Center in more than a dozen Southern California communities found that 62 % of Asian –Pacific Americans voted for Gore, while 35% voted for Bush. The poll found that in this election 48% were registered Democrats, while 30% were Republicans, versus 36% Democratic and 40% Republican in 1996.
These last few weeks have confirmed other facts as well. The 2000 elections underscore that immigrants vote their interests, that the Hispanic and other immigrant voters are here to stay, and that while this vote is concentrated in the five states with the largest number of electoral votes (California, Texas, New York, Florida, and Illinois), the immigrant vote is significant in other states and in Congressional districts throughout this country. IT IS THUS IMPORTANT TO ENCOURAGE YOUR CLIENTS WHO ARE ELIGIBLE TO REGISTER TO VOTE. (AILA has developed a voter registration brochure, available in English and Spanish, that you can distribute to your clients and make available in your waiting rooms.)
What else do we know? That immigrants continue to help the American economy due to labor shortages that the Bureau of Labor Statistics project will last for two decades. These shortages underscore the need for pro-immigration advocates to reach out to new partners in the business community, many of whom now are members of the Washington-based Essential Worker Immigration Coalition.
Public opinion also has become more favorable to immigrants. A survey undertaken for the Service Employees International Union (SEIU) found that a majority of voters believe that immigration is critical to sustaining our country’s economic prosperity and that a large part of our nation’s success is owed to the diversity that comes with immigration.
We also know that restrictionists will continue their efforts. One point must be made very clear. They cannot, although they will try to, take credit for Senator Abraham’s defeat. In fact, Michigan polls registered increased support for the Senator after their attacks. Senator Abraham was defeated by a combination of union, minority and women’s support for Senator-elect Stabenow. Restrictionists also will continue to try to link immigration negatively to quality-of-life issues that Americans hold dear, like the environment, urban sprawl, and education. Please contact the Advocacy department if such efforts surface in your communities.
What are our next steps?
· We need to continue to advocate in support of due process reforms and LIFA so that these measures will be passed during the upcoming lame-duck session, or will be top agenda items during the 107th Congress if the lame-duck session accomplishes nothing more than passing the minimum necessary to keep the government running until the new Congress takes over.
· We need to meet with new and returning Members of Congress in support of our issues. AILA shortly will be preparing materials for this effort.
· AILA Members need to encourage their eligible clients to register and vote.
· AILA Members need to join or develop coalitions in their communities in support of our pro-immigration agenda and work with their local media to advance our issues.
· AILA Members should attend our annual March 22 Lobby Day and make a difference in Washington D.C. with the new 107th Congress.
Budget Bill Contains INS “Premium Processing Fee”
As reported in the October 30 Legislative Update newsflash, the Congressionally-passed FY 2001 Commerce, State, Justice (CSJ) appropriations bill authorizes the INS to collect a "premium processing fee" of $1,000 on business immigration petitions (I-129s and I-140s). This provision authorizes the INS to collect this voluntary fee in exchange for expedited service, by which a decision or a request for additional evidence (RFE) is sent within a certain period. The INS has discussed this fee in the context of a 15-day turn-around time. However, the statutory language includes no set time frame, leading some to doubt whether INS will be held to a 15-day turn-around time. The President has threatened to veto this bill because it does not include the Latino and Immigrant Fairness Act provisions. However, because the Administration supports the premium-processing fee it most likely will be included in a renegotiated bill. To date, most business groups also support this fee.
AILA opposes this fee and has articulated our concerns with the White House and Members of Congress. These concerns include: the potential negative impact of this service on the processing of other applications and petitions; the difficulty of fairly implementing this expedited service for H-1B cases, which, by law, must be processed on a first-come, first-serve basis; and the use of frivolous RFEs to meet the deadline. The Congressionally passed language does nothing to address these concerns.
AILA members and their clients should contact their Members of Congress and the White House to voice their opposition to this fee. Please call the Capitol Switchboard at 202-224-3121 or the White House comment line at 202-456-1111. You also may send e-mails from the Legislative and Media ACTION Center in the Advocacy Center on InfoNet. For more information about the premium processing fee proposal, contact the Advocacy Department at 202-216-2400.
Legislation Recently Signed Into Law
The following is a list and brief summary of immigration-related legislation signed into law since our last update. For additional information regarding any of these laws, or a more complete list of bills passed and introduced during this session of Congress, please check out the Advocacy Center on InfoNet or contact the Advocacy Department.
H.R. 2883, the Child Citizenship Act of 2000 (Public Law No. 106-395) was signed on 10/30/00. Under this law, any foreign-born child under the age of 18 who has one citizen parent, resides in the custody of that citizen parent and is residing in the US as a permanent resident automatically becomes a citizen. The law applies to both natural and adopted children. The law also allows citizen parents to petition for the naturalization of noncitizen children who do not meet the qualifications of automatic citizenship. Lastly, the law provides a very limited waiver for false claims to US citizenship or unlawful voting if the individual is a long term resident, both parents are citizens, and reasonably believed they were a citizen.
H.R. 2961, the International Patients Act of 2000 (Public Law No. 106-406) was signed on 11/01/00. This law creates a three-year pilot program, which extends voluntary departure for up to three years for people who enter the US under the visa waiver program and are receiving medical treatment. This law is limited to 300 people per year.
H.R. 3244, the Victims of Trafficking and Violence Protection Act of 2000 (Public Law No. 106-386) was signed on 10/28/00. This law creates nonimmigrant visas for women and child victims of human trafficking with an annual limit of 5,000 visas. There are also provisions to improve the Violence Against Women Act for battered immigrant women and children.
H.R. 3767, the Visa Waiver Permanent Program (Public Law No.106-396) was signed on 10/30/00. This law makes the Visa Waiver Pilot Program permanent. It also: eases the requirements for filing an amended H1-B petition due to corporate restructuring, extends the immigrant investor (EB-5) pilot program until September 30, 2003, and creates a special immigration status for employees of INTELSAT, a satellite communications company that is in the process of privatizing, to maintain valid nonimmigrant status after the company change.
H.R. 4068, the Religious Workers Act of 2000 (Public Law No. 106-409) was signed on 10/31/00. This law extends the special immigrant religious worker visa program until September 30, 2003.
H.R. 4681 (Public Law No. 106-378) legislation that provides relief for Syrian Jews was signed on 10/27/00. This law allows up to 2000 Syrian Jews who came to the United States in the early '80s and '90s and were granted asylum to adjust their status to permanent residence within one year of the date of enactment. It also allows adjustment for the spouses and children of these applicants.
H.R. 4811 (Public Law, No. 106-429) the Foreign Operations, Export Financing, and Related Programs Appropriations Act for 2001 contains an amendment which provides authority for the Attorney General to adjust the status of certain Indochinese parolees to lawful permanent residence. Section 586 of the Act makes any national of Vietnam, Cambodia, or Laos who was paroled into the United States before October 1, 1997, and who are otherwise eligible to receive an immigrant visa, eligible to apply for adjustment of status. The number of aliens who may be provided adjustment of status under this provision shall not exceed 5,000.
H.R. 5234 (Public Law No.106-415) legislation to aid widows of the Hmong Veterans Naturalization Act, was signed on 11/01/00. This law amends the Hmong Veterans Naturalization Act to make widows of veterans eligible for citizenship. The law exempts applicants from the English language requirement.
S. 2812, (Public Law No. 106-448) disability oath waiver legislation was signed by the President on 11/06/00. This bill provides a waiver of the oath of allegiance, which is normally required for naturalization, for those applicants whose disability prevents them for understanding the oath.
S. 3239, The International Broadcasters Act, was passed in Congress on 10/31/00 and has yet to be sent to the President: This bill amends the Immigration and Nationality Act to provide special immigrant status for certain United States international broadcasting employees.
GRASSROOTS UPDATE
Look Who’s Talking with Congress!
Since our last issue of Advocacy Update, AILA members have been involved in a flurry of advocacy activity! Many of you have been working hard and contacting your Senators and Representatives to urge their support now on the issues remaining on AILA’s agenda. These efforts will make a difference on whether Congress positively addresses our immigration issues before adjournment! In response to our call in the last issue of Advocacy Update to contact the White House and Congress in support of LIFA and H.R. 5062, AILA has received copies of e-mails sent by many AILA members via the Legislative and Media ACTION Center on InfoNet.
We encourage all members to use this service, and send kudos to members of the New England Chapter for their efforts. We thank the following AILA members for their advocacy efforts through the Legislative and Media ACTION Center:
Arkansas, Alene Bryson; California, Wilfred Brooks, Aggie Hoffman, Karen Levine, Amanda Perez, Rhoda Wilkinson, Jon Wu, Christopher Yun, Jerry Levine, Joanne Haag, Henry C. Wong, Stephen Scribner, David Neumeister; Colorado, Lisa Battan; Connecticut, Philip Berns; Florida, Mark Citrin, Robert Krug, Fernando Palacios, George Ramani, Jorge Robert; Illinois, Carlina Tapia-Ruano, Robert Ahlgren, Mary O’Leary, Linda Kagan; Kansas, Sandrine Lisk-Boydston; Kentucky, Judith Jones-Toleman; Louisiana, Marina Toledo; Maine, Cynthia Arn; Maryland, Andy Dalal, Mary Ryan; Massachusetts, Michele Sisselman, Cathleen DeSimone, Elaine Walsh, Christopher Weld, Erica James, Mi-Rang Yoon, Philip Curtis, Barbara Chin, Gunnar Sievert, Francis Johnson, Francis Chin, Richard Iandoli, Gerald Pearlstein, Dan Berger, Cathryn MacInnes, Deirdre Griffin, Gerald Rovner, David McHaffey, Bennett Savitz, Christopher Drinan, Jason Levy, Lisa Jacobs, Anthony Drago, Ilana Greenstein, Jane Devlin, Kathleen Curley, Peter Allen, Eileen Morrison; Minnesota, Barbara Erlandson; Mississippi, Barry Walker; Missouri, Teodoro Garcia, Jr., David Froman; Nebraska, Mark Curley; Nevada, Peter Ashman; New Jersey, Rosa Soy; New York, Bradford Bernstein, Barbara Wong, Barbara Brandes; North Carolina, Laura Burton, Augie Kreivenas, Lynn Calder, Gerry Chapman; Ohio, Linda Silakoski; Oklahoma, Judith Ashbaugh; Oregon, Michael Muniz; Rhode Island, Thomas Brown; Tennessee, Jeremy Jennings; Texas, Donald Patterson, Elizabeth Mendoza, Ann Katherine Pratt, Lal Varghese, Jusine Daly; Utah, Marti Jones; Washington, Daniel Smith
Thanks for your advocacy. Keep up the good work! The fight for LIFA and a down payment on due-process reform is not yet over. With Congress returning December 5 for the lame-duck session, we need your help more than ever!
MEDIA UPDATE
Immigration Around the Nation
Members & Staff in the News. An op-ed about IIRAIRA reform written by Martin Dunn was published in the November 20 issue of The National Law Journal. The Ft. Worth Star Telegram on November 20 quoted Judy Golub in an article that focused on advocates work in the lame-duck session in support of due process reforms. The Rocky Mountain News on November 14 published a letter to the editor about LIFA written by Donna Lipinski. Carlos Magaletta and Harvey Kaplan were quoted in a November 14 Boston Globe article about a notario accused of bilking clients. Gary Endelman was quoted in a November 12 Ft. Worth Star-Telegram article about the INS deporting a man who may be a U.S. citizen. Judy Golub was quoted in two recent articles about LIFA (November 5 in The Dallas Morning News and November 2 in CQ Monitor). Carl Schusterman was quoted in a November 4 Orange County Register article about a private bill that would grant citizenship to a Canadian orphan who wants to join the U.S. Army. Anne Robertson was quoted in a November 1 Raleigh News & Observer article about LIFA. A November 1 article in The Omaha World-Herald about a private bill in Congress quoted Miryam Antunez de Maolo. An October 30 article about IIRAIRA in The National Law Journal cited Claudia Slovinsky. An October 5 article about H-1Bs in The Austin American-Statesman quoted Paul Parsons. Doug Stump was quoted in an Oct 4 article about H-1B that ran in The Daily Oklahoman. The Ft. Worth Star-Telegram quoted Judy Golub in an October 25 article about LIFA. Kelly McCown was interviewed by Tech TV about H-1bs on October 24. Hiroshi Motomura was quoted in a September 28 Los Angeles Times article about asylum. Howard Silverman and Ben Johnson were quoted in a September 27 article about IIRAIRA in the Boston Globe. Judy Golub was quoted in a September 23 article about H-1B visas that appeared in CQ Weekly. Julie Krasnogor was interviewed on News Channel 12 (Long Island) about immigration legislation (she also was featured along with Norine Krasnogor in a February article about the mother-daughter legal team that appeared in The New York Law Journal).
Consumer Protection. The Boston Globe ran a November 14 article about legal action against a notario, and AILA members organizing a pro-bono effort to help people harmed by this notario.
Economy. The Minneapolis Star-Tribune ran a November 5 article about the states’ growing economic dependency on immigrants. A November 1 article in The Bergen County Record reported on the growing number of immigrant-owned businesses. The Orange County Register ran an October 30 article about a program that teaches immigrants business skills. The Burlington Hawk Eye ran an October 22 article about efforts to attract immigrants into Iowa.
Education. The Atlanta Journal-Constitution ran a November 6 article about the University of Georgia allowing undocumented immigrants to enroll as students.
Essential Workers. The Ft. Worth Star-Telegram ran an October 24 article about how worker shortages are forcing contractors to recruit employees in Mexico. The Minneapolis Star-Tribune ran an October 16 article about businesses looking to immigrants to fill job vacancies.
H-1B Visas. The San Jose Mercury-News ran a November 12 article about fraud allegation in the H1B programs and an October 30 article about a National Academy of Sciences study that confirmed the need for temporary foreign professionals. A similar article ran in The San Francisco Chronicle.
Immigration. The Washington Post ran a November 14 article about the sale of fraudulent documents. The Orange County Register ran a November 13 article about INS backlogs and the effect on families waiting to reunite. The Washington Post ran a November 2 article about adopted children from abroad. SoDak magazine featured an article in its November issue about the Hispanic community in South Dakota. The Los Angeles Times ran an October 5 article about a Census Bureau report that 25% of Californians are foreign born.
IIRAIRA. The Bergen County Record ran a November 16 article about a statement by U.S. Catholic Bishops endorsing IIRAIRA reform. The Akron Beacon Journal ran a November 16 article about Joao Herbert, a Brazilian adopted by a U.S. family who was deported for a single drug conviction. The Rocky Mountain News ran a November 14 article about Colorado Rockies pitcher Pedro Astacio, who is charged with an aggravated felony. Cox News Service ran an October 28 article about deportation proceedings against immigrants convicted of drunk driving. The Ft. Lauderdale Sun-Sentinel ran an October 26 article about couple being deported for overstaying their visa.
LIFA. A November 15 Associated Press dispatch reported that President Clinton still wants to see action on LIFA. The Washington Post ran a November 14 article about how the uncertainties about the presidential election would delay congressional action on LIFA. An October 31 editorial in The San Jose Mercury-News said that supporters of LIFA were “on the right side.” The Miami Herald ran a November 1 column about George W. Bush’s lack of a position on LIFA. The Boston Globe ran a November 1 article about a family that would be helped by LIFA. Associated Press reported on October 31 that pressure to pass LIFA might wane after the election. An October 28 Associated Press article reported on the congressional impasse over LFIA. An October 27 column in The Dallas Morning News noted that Democratic support for LIFA indicates the party is not taking Latinos for granted. The Dallas Morning News ran an October 26 article about LIFA. The Los Angeles Daily News reported October 26 that votes on LIFA might affect the outcome of the California elections. The Los Angeles Times ran an October 26 article about a Republican counter proposal to LIFA.
Politics. The New York Times ran a November 15 article about Haitian-American voters. The Miami Herald ran a November 15 article about polling data showing that Latino voters supported Vice President Gore, due largely to his position on LIFA. A November 6 article about Latino immigrants and politics ran in The New York Times. The Miami Herald ran a November 6 article about voter education efforts in the Haitian community. A November 6 Associated Press dispatch reported on the impact of immigration on the California elections. AP ran another article the same day about the lack of enthusiasm among Hispanic voters. The Orange County Register ran a November 3 article about Senator Dianne Feinstein’s shifting support for immigration. USA Today ran a November 1 article about the Arab-American vote in Michigan. The Las Vegas Journal-Review reported October 31 that Latino leaders contend Republicans are paying lip service to immigrant concerns. The Los Angeles Times ran an October 30 article about the growing political power of Indian-Americans. An October 29 article in The Denver Post reported that both Vice President Gore and Texas Governor George W. Bush see immigration as a plus. An article in the October 26 Washington Post noted that immigration is a forgotten issue in the 2000 election.
Restrictionists. The December issue of The American Enterprise printed a number of articles denouncing immigration as bad for America. In its November issue, EMagazine ran an article blaming immigrants for environmental problems. A November 6 Detroit Free Press article reported on an anti-immigrant sign erected by Project USA. The Grand Rapids Press ran a November 3 editorial calling the Federation for American Immigration Reform advertisements against Senator Spencer Abraham “a campaign low.” A similar editorial ran in the November 2 Detroit News. An op-ed by Robert Samuleson published in the November 1 Washington Post stated: “It is common sense to favor better-educated immigrants.” An article in the November 2 Arkansas Democrat reported that Pat Buchanan was attacking businesses for hiring undocumented workers.
Secret Evidence. The Miami Herald ran a November 14 article about an INS decision to present secret evidence in the case of an Islamic academician held for nearly three years. The Washington Times ran an October 31 op-ed calling on Congress to bar the use of secret evidence.
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Did
You Know? A post-election session of Congress, and a
President who loses his re-election bid are called
"lame ducks." According to "The Word
Detective," the phrase refers to someone or something who is unable
to keep up with the flock and who is thus easy prey for predators. It
first was used on the London Stock Exchange in the 18th century for
brokers who could not pay their debts, and a century later to describe a
Congressional representative who had failed to win re-election. |
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, Administrative Assistant
