[NIFL-ESL:4703] [Fwd: ACTION ALERT: Update on Latino and Immigrant Fairness Act]

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Subject: ACTION ALERT: Update on Latino and Immigrant Fairness Act
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			National Immigration Forum

Date:	July 23rd

To: 	Forum Associate E-mail List

From:	Maurice Belanger

Re:	Update on Latino and Immigrant Fairness Act
----------------------------------------------------
CONTENTS
	(Text was sent by fax on July 21)


	No deal on vote in the Senate.
	Senators still need to hear concerns.
	Monday conference call is CANCELLED
----------------------------------------------------

SENATORS STILL NEGOTIATING SO-CALLED "H-1B PLUS" ISSUES

* Senate leaders have no agreement to bring "Latino and Immigrant Fairness
Act" to a vote next week after negotiations broke down Thursday night.

* Impasse may continue until Senate offices are aware that these issues
matter to a lot of people.

* Calls still needed to Senate offices to get them to ACT before adjournment
next Friday.

UPDATE

On Thursday, the Forum sent out an alert based on information we had from
Senate offices that the Democrats were seeking an agreement that, in
exchange for clearing the way for consideration of the H-1B bill, they would
be allowed to offer an amendment to the Elementary and Secondary Education
Act that would include Central American parity, Registry update, and the
restoration of Section 245(i).  Late Thursday night, negotiations between
Democratic and Republican leaders broke down.  As of this writing, there is
no vote scheduled to take place next week.

MONDAY CONFERENCE CALL CANCELLED

There will be no conference call on Monday, as announced on 7/20.


FRIDAY'S CONFERENCE CALL

On Friday, there was a conference call with about 30 individuals from around
the country.  Given that there is no agreement among Republicans and
Democrats in the Senate on what to do about the immigration issues, it was
suggested on the call that folks proceed as if the Senate may consider the
Latino and Immigrant Fairness Act next week.  (Congress recesses on Friday,
July 28th .)

Since there is no agreement in the Senate, what we call for is a bit tricky.
The Latino and Immigrant Fairness Act is a construct of Senate Democrats,
with the three issues of parity, registry, and 245(i) wrapped in one.
Between now and the Congressional recess next week, Senators should be
contacted about these issues, and their offices should be prepared to vote
on the Latino and Immigrant Fairness Act as such.

Our basic message should be that we want these issues addressed now; that it
is unacceptable that Congress finish the session without addressing these
important issues.

In addition to calls from advocates, the issue will be brought to the
attention of Senators through the press.  On Monday, there will be a press
conference organized by the Forum that will feature speakers from unions and
from business, conservative, and civil rights organizations.

If the Senators fail to act next week, the package of issues now called the
Latino and Immigrant Fairness Act will be revisited.  Other issues important
to advocates may be considered in future bargaining, such as a reduction in
family visa backlogs, and restoration of due process.

Senators that should be targeted are listed below (the same list as
circulated on 7/20).  If there is a vote, it will be crucial to have some
Republicans voting in favor of our issues.  Communications to Republicans
offices on this list is particularly important.

The number for the Capitol Switchboard is (202) 224-3121.

Democrats					Republicans

Daniel Akaka (HI)				Spencer Abraham (MI)
Max Baucus (MT)				Lincoln Chaffee (CT)
Jeff Bingaman (NM)				Susan Collins (ME)
John Breaux (LA)				Peter Fitzgerald (IL)
Richard Bryan (UT)				Orrin Hatch (UT)
Robert Byrd (WV)				Jim Jeffords (VT)
Kent Conrad (ND)				Connie Mack (FL)
Byron Dorgan (ND)				Gordon Smith (OR)
John Edwards (NC)				Olympia Snow (ME)
Daniel Inouye (HI)				Arlen Specter (PA)
Ernest  Hollings (SC)
Tim Johnson (SD)
Robert Kerry (NE)
Carl Levin (MI)
Blanche Lincoln (AR)
Daniel Patrick Moynihan (NY)
Charles Robb (VA)
Ron Wyden (OR)

Below is a revised Backgrounder on the Latino Immigration Fairness Act,
taking into account the lack of clarity on its immediate future.


======================
TEXT OF BACKGROUNDER
======================

THE SENATE SHOULD PASS THE LATINO AND
IMMIGRANT FAIRNESS ACT

The Senate may imminently be voting on the Latino and Immigrant Fairness
Act, a bill that would correct for past government mistakes and misdeeds
that have kept long-established, hard-working immigrant families in
bureaucratic limbo.  The bill would also help sustain our nation's
prosperity by making permanent and legal defined groups of immigrants who
are already here and already working.  By taking a common sense approach,
this legislation would keep workers working, families together, and our
economy strong.

The Latino and Immigrant Fairness Act includes three issues.  These issues
are:

*	Updating a provision of immigration law known as "registry" by which our
government recognizes that it makes more sense to allow long-time resident,
deeply-rooted immigrants who are contributing to our economy to remain here
permanently.  The amendment would change the registry cutoff date so that
undocumented immigrants who have been residing in the country since before
1986 would qualify to remain here permanently.

*	Parity for Central Americans to correct for past unequal treatment among
different groups of similarly-situated Central American and Caribbean
refugees.  Some refugees have been offered an opportunity to adjust to
permanent status.  Others-equally rooted in our country with jobs and
family-face the prospect of deportation.

*	Restoration of Section 245(i) of the Immigration Act, a provision of
immigration law that sensibly allows persons here, who are on the verge of
gaining their immigration status, to remain in the U.S. to complete the
process.

WHO ARE THE IMMIGRANTS AND WHAT SHOULD BE DONE?

There are particular groups of immigrants who are already living in the
United States but have been thwarted in their quest for resident status by a
combination of administrative delays, unfair treatment by a hostile
bureaucracy, and congressional neglect.  But for the government's failure to
properly administer and update the laws, most of these immigrants would have
already become American citizens.

Fighting the Bureaucracy for Over a Decade.  One group of immigrants has
been living in the U.S. since 1982.  They qualified to apply for a
legalization program that Congress enacted 14 years ago.  Unfortunately, the
immigration bureaucracy bungled implementation of this program, and some
immigrants were turned away even though they qualified.  Ever since, these
immigrants have been in legal limbo while the Immigration Service has fought
them in the courts.  Today, even though these immigrants have now been in
the country for nearly two decades, the Immigration Service is taking away
their permission to work.  To make matters worse for these immigrants,
Congress neglected, when it passed sweeping legislation in 1996, to update a
provision of law that rewards hard-working immigrants who have resided in
the country for a long time.  This provision of law-called "registry"-was
last updated in 1986.

The bureaucracy refuses to own up to its mistakes, keeping these immigrants
in legal limbo and wasting taxpayer dollars in the process.  The "registry"
cutoff date must be updated.  Regardless of whether they are part of the
ongoing lawsuits, immigrants should, after so many years of working in this
country, gain the ability to adjust to permanent status so that they may
eventually become citizens.

Refugees Who Would By Now Be Citizens.  A second group of immigrants are
refugees who fled civil wars and political chaos in Central America and
Haiti in the 1980s and 1990s.  Instead of finding refuge in the U.S., these
immigrants were met with unsympathetic bureaucrats and judges with a bias
against granting them permanent asylum.  For years, they have lived in
temporary statuses while trying-through the courts and in Congress-to
permanently resolve their situation.  If treated fairly by the bureaucracy
when they originally sought protection, most would be U.S. citizens today.

In 1997 and 1998, Congress, recognizing the contributions of long-resident
Central American, Cuban, and Haitian war refugees to their communities in
the U.S., passed legislation intending to allow them to resolve their legal
limbo and become permanent residents.  Unfortunately, the laws helped some,
but not others in similar circumstances.  The Latino and Immigrant Fairness
Act would tweak the original law so that groups left out of that legislation
will similarly be allowed to adjust their status, continue to work and
support their American families, and eventually become eligible to earn U.S.
citizenship.

On the Verge of Gaining Residency and Forced to Leave.  A final group of
immigrants are those whose family or employer ties make them eligible for
official immigrant status and are on the verge of gaining permanent legal
status.  This group of immigrants has been in the country with their family
or working for a U.S. employer while awaiting their status adjustment.
Although they technically should be waiting outside of the U.S. until their
relative's or employer's petition can be considered by the bureaucracy, U.S.
law recognized, until recently, that it made no sense to force someone who
may have already begun to work and support their family in the U.S. to leave
the country to get permission to come back and live permanently.  In 1997,
however, Congress did not renew the provision of law that allowed these
immigrants to remain in the country.  As a result, these immigrants find
themselves facing the choice of leaving the country for a lengthy separation
from their families or risk being denied residency for up to 10 years.  In
effect, our law now says that punishing immigrants for a simple status
violation is more important than keeping them on the tax rolls, supporting
their families, and serving as essential employees to American businesses.
This simply does not make sense.

The Latino and Immigrant Fairness Act would restore this provisions of law,
(called "Section 245(i)") so that immigrants on the verge of gaining their
immigrant visa will be able to remain with their families and American
employers while they complete the final stages of the immigration process.

Time to Take a Common Sense Approach.  America today needs workers committed
to this country and to their families.  The particular groups of immigrants
defined above have already proven their value to their communities, to our
economy, and to our country.  They have, for the most part, been here for
many years, supporting their families, paying taxes, and working for
American businesses.  We should not, whether by government neglect or
bureaucratic indifference, make it impossible to for them to support their
families, and pay their fair share of taxes.  It makes no sense to focus
limited enforcement resources on removing immigrants who have sunk deep
roots in this country.  It makes no sense, in these prosperous economic
times when we need more legal workers, to banish hard-working, tax-paying
immigrants for up to 10 years, leaving their families to fend for themselves
and forcing their employers to find new workers to replace these trained and
productive employees.

The Senate should support the Latino and Immigrant Fairness Act.


Prepared by the National Immigration Forum


7/21/00



==============================
Maurice Belanger
Senior Policy Associate
National Immigration Forum

E-Mail:  mbelanger@immigrationforum.org

Web: http://www.immigrationforum.org



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