[NIFL-ESL:6112] FW: Immigration Policy Update

From: Aliza Becker (azbecker@mindspring.com)
Date: Thu May 24 2001 - 16:37:56 EDT


Return-Path: <nifl-esl@literacy.nifl.gov>
Received: from literacy (localhost [127.0.0.1]) by literacy.nifl.gov (8.10.2/8.10.2) with SMTP id f4OKbuf19596; Thu, 24 May 2001 16:37:56 -0400 (EDT)
Date: Thu, 24 May 2001 16:37:56 -0400 (EDT)
Message-Id: <B732DA9F.1081%azbecker@mindspring.com>
Errors-To: listowner@literacy.nifl.gov
Reply-To: nifl-esl@literacy.nifl.gov
Originator: nifl-esl@literacy.nifl.gov
Sender: nifl-esl@literacy.nifl.gov
Precedence: bulk
From: Aliza Becker <azbecker@mindspring.com>
To: Multiple recipients of list <nifl-esl@literacy.nifl.gov>
Subject: [NIFL-ESL:6112] FW: Immigration Policy Update
X-Listprocessor-Version: 6.0c -- ListProcessor by Anastasios Kotsikonas
Content-transfer-encoding: 7bit
Content-type: text/plain; charset="US-ASCII"
Status: O
Content-Length: 7787
Lines: 157


------ Forwarded Message
From: "Maurice Belanger" <Mbelanger@immigrationforum.org>
Reply-To: <Mbelanger@immigrationforum.org>
Date: Thu, 24 May 2001 15:19:05 -0400
To: <mbelanger@immigrationforum.org>
Subject: Immigration Policy Update



National Immigration Forum

Date:    May 24, 2001

To:     Forum Associate E-mail List

From:    Maurice Belanger and Angela Kelley

Re:    Immigration Policy Update

----------------------------------------------------
CONTENTS

    Senator Jeffords' party switch means there will be changes in the Senate
    Update on 245(i) legislation

----------------------------------------------------

WITH SENATOR JEFFORDS' PARTY SWITCH, THE SENATE CHANGES HANDS

The decision by Sen. James Jeffords (R, soon to be I-VT) to leave the
Republican party and become an Independent, has significant, though not yet
fully understood implications.

Senator Jeffords stated today that he will leave the Republican party upon
the completion of the work of the House-Senate Conference Committee on the
tax bill.  As you recall, until Jeffords' decision today, the Senate was
evenly divided with 50 Democrats and 50 Republicans.  Control of the Senate
will now shift to the Democrats, with 50 Democrats, 49 Republicans, and one
Independent.  This means that the current minority leader, Tom Daschle
(D-SD) will become the majority leader, Trent Lott (R-MS), the current
majority leader, will become the minority leader.  As for the committees,
Sen. Kennedy will assume the chairmanship of the Immigration Subcommittee
and Sen. Patrick Leahy (D-VT) or another Democrat will be the chair of the
Judiciary Committee.

Earlier this year both parties reached a power-sharing agreement that
required that all the committees have an equal number of Democrats and
Republicans as long as there was a 50:50 split.  Now that there is not an
evenly divided Senate, the committees and subcommittees will have one more
Democrat than Republican on the committee.    All this change however will
take time.  No one can predict how long it will take for the composition of
the Committees and their staff to be sorted out.   It is also not certain
what the tone or mood will be in the Senate for some time to come or its
willingness and ability to pass legislation.   It is certain though that
Republicans will still wield extraordinary influence and power.  In
addition, both the House of Representatives and the White House are
unchanged.

What does it mean for our issue?  In truth, the Senate has many Republicans,
including Sam Brownback (R-KA) the current chair of the Immigration
Subcommittee, that are supportive of our issues.  However, on several
occasions we have been stopped from moving legislation because of the power
of Trent Lott as majority leader and Phil Gramm's loud restrictionist voice
in the Republican leadership.   With the Democrats in control, they  will
decide the agenda and action in Committees.  It will now be Sen. Kennedy who
will decide what hearings and mark-ups of legislation will take place and,
more significantly,  Sen. Daschle as the majority leader effectively has the
final say over what bills move to the floor.

The Senate is about to adjourn for a week long recess.  We will keep you
posted on developments in the new Senate structure as they we learn them.


UPDATE ON 245(i) EXTENSION LEGISLATION

THE HOUSE: On May 21st, the House passed an extension of time for filing to
preserve an immigrant's ability to adjust status under section 245(i).  The
bill, passed in a special procedure that allowed no amendments, passed by a
vote of 336-43.

The House extension represents an option considerably narrower than the
President--and previously introduced legislation--has called for.  If passed
in its current form, the bill would give immigrant sponsors an additional
four months after the date of enactment to file petitions for relatives or
employees.  As mentioned in a previous e-mail, the immigrant would have to
demonstrate that the family or employment relationship must have existed
PRIOR to April 30th.  In other words, immigrants who were not married or who
were unable to get married due to the last-minute crunch prior to April 30,
will be out of luck.

To qualify to adjust under this extension, the immigrant will have to show
that he or she was in the U.S. on December 21, 2000 (continuing the
requirement set by the LIFE Act).

If passed with its new restrictions, the bill would require new implementing
regulations.  Given that the INS has a lot on its platter, regulation-wise,
it is unlikely that the regulations would be drafted and published in a
timeline that would leave much of the extension period for people to act.

THE SENATE: It is unlikely that the Senate will act on this legislation
prior to the Memorial Day recess.  (The Senate was originally slated to go
out later today, but work on the tax bill will delay the recess.)

That gives you time to urge your Senators to pass legislation that will
provide people with more of an opportunity to take advantage of 245(i).
Senators Chuck Hagel (R-NE) and Edward Kennedy (D-MA) have introduced
legislation in the Senate providing for a one-year extension, and there is
no separate deadline for the familial or employment relationship.  The
Hagel/Kennedy bill is S. 778.  Regardless of what is happening with the
composition of the Senate, this bill is an excellent example of bi-partisan
cooperation.  For example, Senator Hagel is a new ally, and he is by no
means the lone Republican on this bill.  Other Republicans on the bill are
Lincoln Chafee (RI), John Ensign (NV), Pete Domenici (NM), Richard Lugar
(IN), Peter Fitzgerald (IL), and Charles Grassley (IA).  Democrats on the
bill, aside from Sen. Kennedy, are Jeff Bingaman (NM), Barbara Boxer (CA),
Richard Durbin (IL), Jack Reed (RI), Harry Reid (NV), Hillary Clinton (NY),
Charles Schumer (NY), Jon Corzine (NJ), Paul Wellstone (MN), Tom Daschle
(SD), Christopher Dodd (CT), and John Kerry (MA).

THE WHITE HOUSE: The White House appears to favor more generous legislation,
though it is unclear whether this has been communicated to Congress in
response to the legislation that has moved through the House.  In a previous
public letter, the White House said it favored a 6-12 month extension.  The
Congressional recess also gives you time to call the White House comment
Line at (202) 456-1111 and urge the President to support a longer extension,
with no separate April 30 deadline for the relationship to be established.

NEXT STEPS: We have gotten some calls asking if, because the House passed
the bill in a special fast-track procedure, the bill will become law.  There
undoubtedly will be (or there may have been already) erroneous press reports
that 245(i) has been extended already.  It is important to remember that ANY
bill must be acted on by BOTH the House AND the Senate, and be signed by the
President.  The Senate must act next.  If there are differences between what
the Senate passes and what the House passed, the separate House and Senate
bills must be reconciled in a "Conference Committee" comprised by members of
the House and Senate.  The resulting compromise bill then goes back to the
House and Senate for another vote, and then the bill is ready for the
President's signature.  Because the Senate has not acted, there is time for
advocates to urge their Senators to improve upon what has been passed in the
House.

In the next day or two, the Forum will be sending out more information on
the 245(i) extension to help you make your case with your Senators.

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

E-Mail:  mbelanger@immigrationforum.org

Web: http://www.immigrationforum.org


------ End of Forwarded Message



This archive was generated by hypermail 2b30 : Fri Jan 18 2002 - 11:30:45 EST