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Date: Thu, 20 Nov 1997 11:54:42 -0500 (EST)
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From: Aliza Becker <alzbec@interaccess.com>
To: Multiple recipients of list <nifl-esl@literacy.nifl.gov>
Subject: [NIFL-ESL:1523] Recent immigration legislation
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Here is an update on recent immigration legislation from the Illinois
Coalition for Immigrant and Refugee Protection.
Illinois Coalition for Immigrant and Refugee Protection (ICIRP)
FAXBrief
A Bi-Monthly Update of Statistics and Issues Facing Immigrants and
Refugees
Issue XXXXIII November
14, 1997
CONGRESS COMPLETES NEW BILLS ON §245(i), CENTRAL AMERICANS, and
FINGERPRINTS; AWAITING SIGNATURE OF THE PRESIDENT
Last night the 105th Congress completed and passed the last of several
appropriations bills (Commerce, Justice, State and the Judiciary - "CJS"
- and D.C.) that contain provisions that will impact immigrant
communities. Because language that President Clinton found offensive or
controversial (not actually having to do with immigrants) was removed,
it is expected that the President will sign these bills when they reach
his desk. Following is our understanding of the language of the bills
as they were completed.
SECTION 245(i)
"Grandfathering" period extended to January 14, 1998
Section 245(i) is the provision of law that allows people who are
eligible for an immigrant visa (through a U.S. citizen or lawful
permanent resident family member; an employer or business; having won
the diversity visa lottery, etc.) to complete the final stage of
processing in the U.S. by payment of a $1,000 fine. The law was due to
"sunset" or expire, on September 30, 1997. However, while deliberations
were going on Congress passed several "Continuing Resolutions" or CRs
that extended the law until November 14. Congress rejected a permanent
extension of §245(i). However, it will "grandfather" people who file
their petitions or labor certifications no later than January 14, 1998.
Warning: This does not mean that an undocumented person is protected
from deportation if s/he files a petition by January 14th. It only
means that they have preserved their right to use 245(i) to process
their papers in the U.S. when their turn comes up.
Derivative family members now included
When a petition is filed naming a person who falls under one of several
family-based or employer-based immigration categories, the petition will
includer "derivative" beneficiaries (spouses and children of principal
named beneficiary) to allow them to receive permanent residence at the
same time as the principal beneficiary. These "derivative"
beneficiaries have also been grandfathered under 245(i).
ELIMINATION OF DESIGNATED FINGERPRINTING SERVICES
Another provision of the CJS bill that has been overlooked by many is
language eliminating Designated Fingerprinting Services ("DFSs"), and
ordering INS to take fingeprints for all applications where prints are
required (not just naturalization as had been originally thought). The
last version heard said this provision will take effect within seven
days of enactment (i.e., a week after the President signs the bill) -
but we're still awaiting confirmation of this. In addition, it's
unclear how the law affects prints that have already been taken or
filed. Meanwhile, INS has been expecting this provision to pass, and
has already subcontracted to a private firm, Dynacorp, that provides
litigation support to the Department of Justice. Dynacorp will be
administering the contract nationwide, with some 43 sites across the
country and some mobile units replacing the more than 3,200 DFSs.
Apparently, Dynacorp will have mobile units operating after January 1,
1998 and five store-front sites ready in Illinois within 90-120 days.
Proposed sites are: Chicago - Harlem & Irving Park Plaza, 55th & Cicero,
and Lawrence & Broadway; Aurora - Fox Valley Mall; a undetermined sites
in Waukegan and Hammond, Indiana. Unfortunately, we do not know at this
time how INS will cover the gap between the time of elimination of the
DFSs and Dynacorp coming on-line.
CENTRAL AMERICAN BILL
Meanwhile, on the D.C. Appropriations bill, Congress decided on
provisions that will affect hundreds of thousands of refugees from a
number of countries principally in Central America and Eastern Europe.
The provisions granted differ from country to country, but include the
following:
Nicaraguans and Cubans who entered the U.S. by December 1, 1995
may file for amnesty by April 1, 2000. This includes applicants who
have been order deported, excluded or removed.
Salvadorans and Guatemalans who timely registered for membership
in the ABC settlement, or for Temporary Protected Status, or filed for
asylum in the U.S. no later than April 1, 1990 will be able to apply for
suspension of deportation under the "old rules", that is, to qualify for
this form of relief from deportation they need only establish 7 years of
residence in the U.S.; good moral character, and extreme hardship to
either themselves or to their U.S. citizen or legal permanent resident
parent(s), spouse or child(ren). In addition, these applicants are not
subject to the 4,000 cases per year limitation. Finally, if granted
relief, the winner in certain cases may include his or her spouse and
unmarried children (who entered on or before October 1, 1990).
Nationals of the former Soviet Union, or any of its Republics,
Russia, Latvia, Lithuania, Estonia, Poland, Czechoslovakia, Romania,
Hungary, Bulgaria, East Germany, Albania and Yugoslavia or any state of
the former Yugoslavia who entered the U.S. by December 31, 1990 and
filed for asylum by December 31, 1991 can also apply for suspension of
deportation under the "old rules".
Added to this bill was language reducing Diversity Visas by 5,000 per
year (from 55,000 annually); and certain Employer-based visas by another
5,000 per year.
The worst part of the bill was language retroactively cutting off
certain applicants eligibility for suspension of deportation, which
could affect as many as 20,000 pending cases.
WHAT'S LEFT?
Haitians
Unfortunately, Haitians were not included in the Central American bill
above. However, Senator Carol Moseley-Braun (D-IL) has requested
support from the White House to provide similar relief to Haitians.
Moseley-Braun's letter is co-signed by Senators Dick Durbin (D-IL),
Ted Kennedy (D-MA), Spencer Abraham (R-MI), Bob Graham (D-FL) and Connie
Mack (R-FL). Apparently, Senator Moseley-Braun will be introducing
legislation when Congress reconvenes in January. In the interim, we
have received word (but not confirmed in writing) that INS will hold off
from deporting Haitians who might qualify for the proposed relief.
Battered spouses
While battered spouses of U.S. citizens and legal permanent residents
will benefit from the "grandfathering" of 245(i) if they file
self-petitions by January 14th, there were no provisions protecting
battered spouses who file their petitions after January 14. This will
effectively strand many battered spouses and/or keep them from adjusting
to legal residence. It may be possible to advocate with INS to
promulgate regulations to exempt battered spouses from the 3 and 10 year
bars.
CONCLUSION
It would not have been possible to get the benefits gained or to have
fought off more draconian anti-immigrant legislation without the efforts
of the Coalition membership. If it hadn't been for the hard work of
members who called, wrote and faxed their Congressional Representatives
and Senators to support these laws and oppose anti-immigrant
legislation. Good Work!
--
Aliza Becker
Phone: (773) 267-0746
Fax (773) 478-5091
E-mail alzbec@interaccess.com
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