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From: Aliza Becker <azbecker@mindspring.com>
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Subject: [NIFL-ESL:6176] FW: Immigration Policy Update
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------ Forwarded Message
From: "Maurice Belanger" <Mbelanger@immigrationforum.org>
Reply-To: <Mbelanger@immigrationforum.org>
Date: Tue, 5 Jun 2001 18:11:34 -0400
To: <mbelanger@immigrationforum.org>
Subject: Immigration Policy Update
National Immigration Forum
Date: June 5, 2001
To: Forum Associates and other interested advocates
From: Maurice Belanger, Lynn Tramonte, Tara Young
Re: Immigration Policy Update
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CONTENTS
1. Movement to Ease Access to College for Undocumented Students Gains
Momentum
2. Due Process Restoration Legislation Introduced in Senate
3. World Refugee Day to be Celebrated June 20
4. Some States Drop SSN Requirement for Drivers Licenses
5. In Memorium: Congressman Joe Moakley
This update is excerpted from the Forum's monthly fax update dated June 5th.
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STATE AND FEDERAL LEGISLATION WOULD FACILITATE
ACCESS TO HIGHER FOR UNDOCUMENTED STUDENTS
There is a growing movement in states around the country to confront
obstacles faced by undocumented immigrant students who excel in high school
classrooms, but are deterred from continuing their education at the
university level. These students are ineligible for financial aid and
in-state tuition rates by virtue of their immigration status. They are
considered “non-residents,” even though they may have lived nearly their
entire lives in the state in which the colleges of their choice are located.
Therefore, they are required to pay non-resident or even foreign student
tuition rates to attend these universities, which are significantly higher
than the in-state fees and often result in making college an unrealizable
dream for these students.
Recognizing that these students are not responsible for their immigration
status, and that they are “American” in every other sense of the word,
lawmakers from around the country are taking steps to remove the bars they
face in accessing higher education. In Texas, a bill extending in-state
tuition rates to those who attended Texas high schools for three years or
more and graduated from a Texas school passed both chambers of the state
legislature. This bill would effectively grant in-state tuition rates to
all eligible persons, regardless of immigration status. After the separate
House and Senate bills are reconciled, advocates are optimistic that Texas
Governor Rick Perry (R) will sign off on the final version.
California’s proposal, similar to the bill that passed the state Assembly
and Senate last year only to be vetoed by Governor Gray Davis (D), passed in
the Assembly again this year and is currently being considered by the
Senate. Additionally, state Senator Richard Polanco (D-Los Angeles) has
introduced a bill that would create a reciprocal arrangement in which 1,000
Mexican students could pay in-state tuition rates to attend California
universities, while 1,000 Californian students could attend Mexican
universities and pay resident rates.
University presidents and advocates in other states, such as Utah and North
Carolina, have also begun discussing how to address this problem in their
states.
Obstacle at the Federal Level
However, there is a federal remedy that must be pursued. Section 505 of the
Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA)
precludes states from offering undocumented immigrants a residency-based
benefit, such as in-state tuition rates, without extending the same benefit
to all United States citizens and legal permanent residents—regardless of
the state in which they reside.
Individual states’ attempts to avoid the mandate implicit in Section 505
hinge on two points. Undocumented students are not explicitly barred from
attending universities at rates comparable to in-state tuition rates.
Additionally, and within reason, states may determine their own requirements
for granting a “discounted” tuition rate to students who have lived in their
states or otherwise demonstrated some kind of “residency” claim. These
requirements may be extended to people who are not currently considered to
be “residents” of the state in which the university is located. The
requirements can be written independent of immigration status, as they are
in the Texas bill, and therefore may take effect even while Section 505 of
IIRAIRA remains law.
Still, a more comprehensive solution to the problem would be for Congress to
repeal Section 505 and establish an avenue for these students to become
lawful permanent residents. This is necessary so that, upon graduation,
they are not again faced with the problem of being unable to continue along
the path they have started, precluded from pursuing a career in their chosen
fields.
Student Adjustment Act Introduced
Members of the U.S. Congress have been working on this much-needed federal
remedy. On May 21, 2001, Representatives Howard Berman (D-CA), Chris Cannon
(R-UT), and Lucille Roybal-Allard (D-CA) introduced the Student Adjustment
Act of 2001 (HR. 1918). This bill would repeal Section 505 of IIRAIRA, and
also provide an adjustment of status for students who meet certain
requirements so that, upon graduation from a college or university, they
will be able to work legally in their chosen professions. Representatives
Luis Gutiérrez (D-IL) and Sheila Jackson Lee (D-TX) also introduced similar
bills in April.
The Forum is collecting sympathetic profiles of affected students and their
families—stories that highlight the need to enact meaningful legislation
this year. If you know of compelling cases, such as high school
valedictorians or other star students who will not be able to afford college
at non-resident rates, please send these to Lynn Tramonte at
ltramonte@immigrationforum.org. Additionally, if you have contacts in
education, business, law enforcement, state and local government, or other
sectors that might have an interest in this issue, please send their names
and contact information to Lynn. We are building up our network of allies
and cache of individual stories so that we can support a media campaign and
other activities to push for the enactment of this bill.
For more information on state and federal legislation related to
undocumented students accessing higher education, contact Angelo Amador of
the Mexican-American Legal Defense and Education Fund (MALDEF) at
aamador@maldef.org, or Josh Bernstein of the National Immigration Law Center
(NILC) at bernstein@nilc-dc.org.
SENATE DUE PROCESS LEGISLATION INTRODUCED
On May 24th, Senators Edward Kennedy (D-MA) and Bob Graham (D-FL) introduced
the Immigrant Fairness Restoration Act, S. 955. The legislation restores
due process rights stripped from immigrants by the 1996 Illegal Immigration
Reform and Immigrant Responsibility Act (IIRIARA) and the Anti-terrorist and
Effective Death Penalty Act (AEDPA). Joining Senators Kennedy and Graham as
original cosponsors were Senators Patrick Leahy (D-VT), John Kerry (D-MA),
Paul Wellstone (D-MN), Christopher Dodd (D-CT), Richard Durbin (D-IL),
Russell Feingold (D-WI), Daniel Akaka (D-HI), and Daniel Inouye (D-HI).
Among other things, the bill would:
** eliminate the retroactive application of the 1996 laws;
** restore a sense of proportionality and rationality to the list of
offenses for which immigrants can be removed by, for example, changing the
definition of "aggravated felony" to apply only to serious crimes;
** restore a process to make distinctions between, for example, serious
criminals with no ties to the U.S. and those with families here who commit
less serious crimes, by allowing immigration judges to evaluate individuals
on a case by case basis;
** make changes in the law that would make it possible for deserving
immigrants and their families to remain together in the U.S.;
** restore judicial review;
** ensure that immigrants are not detained unnecessarily;
** repeal the three and ten-year bars to re-entry instituted by the 1996
immigration law; and
** allow immigrants already deported as a result of the unfair provisions
of
the 1996 laws to reopen their cases.
A public event drawing attention to the bill (originally scheduled for the
week of June 4th) has been postponed. However, with the change in Senate
leadership, there is a greater likelihood that the bill will be considered
and passed out of committee; both the Chair of the Immigration Subcommittee
(Edward Kennedy) and the Chair of the Judiciary Committee (Patrick Leahy)
are co-sponsors of the legislation.
We expect that a comprehensive "Fix 96" bill will be introduced in the House
sometime this session.
The Forum will circulate additional information about this bill in the near
future.
WORLD REFUGEE DAY JUNE 20
Wednesday, June 20th, has been proclaimed World Refugee Day. This is a day
to honor individuals who were forced to flee their homelands due to
political and religious persecution. Washington, DC-based advocates are
bringing media attention to this day by sending materials and information
about refugees who have recently fled to the United States to columnists and
editorial writers. In 1996, Congress passed a law that severely undermined
the ability of refugees to seek asylum here. Many refugees have been sent
back to their home countries—perhaps to face persecution—due to this law.
Media attention to World Refugee Day will provide an opportunity to call on
Congress to pass the Refugee Protection Act, expected to be introduced by
Senators Sam Brownback (R-KS, outgoing Chair of the Senate Immigration
Subcommittee), Patrick Leahy (D-VT, incoming Chair of the Senate Judiciary
Committee), and others.
The Washington, DC Asylum Working Group is conducting an op-ed campaign
around the country. The Working Group has drafted sample op-eds on renewing
the United States’ commitment to refugee protection. If you are interested
in placing one of the op-eds in your local newspaper, please contact Gene
Guerrero at the Lawyers Committee for Human Rights, at guerrerog@lchr.org
The Forum will send out more information on the Refugee Protection Act once
it is introduced.
STATES TAKE ACTION TO REMOVE BARRIERS TO OBTAINING
DRIVERS' LICENSES FOR IMMIGRANTS WITHOUT SSNs
Currently, many states require a Social Security Number (SSN) of all driver’
s license applicants. Undocumented and other immigrants who do not have
access to SSNs are unable to obtain legal driving permits and, consequently,
car insurance. Many of these individuals drive anyway out of necessity, and
do so often without formally learning the rules of our roads—putting
themselves and others at risk should they become involved in an accident.
Confronted with this problem, state legislatures in Illinois, Tennessee, and
other states around the country are considering eliminating the SSN
requirement. This effort has brought together immigrant advocates and
advocates of highway safety in an unusual coalition that further shows how
so-called “immigrant issues” are really community issues, often better dealt
with at this level.
For example, in Illinois the Illinois Coalition for Immigrant and Refugee
Rights (ICIRR) has been instrumental in convening unusual allies in support
of eliminating the SSN requirement in that state. Supporters, including
Illinois Secretary of State Jesse White, police chiefs, state legislators,
labor unions, and the Illinois chapter of Mothers Against Drunk Driving
recognize that extending access to permits for all drivers, regardless of
whether or not they have an SSN, is in everyone’s best interest. These
drivers will be trained in the state's traffic laws, able to purchase car
insurance, and can be properly identified in the case of a serious accident
or traffic violation.
Building on the broad-based support of this issue, the Tennessee state
legislature passed a bill removing the SSN requirement and permitting other
forms of ID to be used in this process. Governor Don Sundquist (R) signed
the bill into law in May. Similar legislation is currently awaiting the
Governor’s signature in Texas, and was introduced this spring in Illinois
but has been tabled until the summer.
To stay on top of this issue, you can sign up to be part of a list-serve
managed by the National Immigration Law Center (NILC). Send your name,
organization, title, address, phone/fax/e-mail address, and a sentence or
two about your organization and how membership in the list-serve would be
helpful in your work to Josh Bernstein at bernstein@nilc-dc.org.
CONGRESSMAN JOE MOAKLEY OF MASSACHUSETTS DIES OF LEUKEMIA
Congressman Joe Moakley, Democrat of Massachusetts, died May 28 of leukemia.
The 15-term congressman was 74. Rep. Moakley is best known in the immigrant
and refugee advocacy community for taking up the cause of human rights in El
Salvador at a time when the U.S. government was spending millions of dollars
funding a military government that brutally trampled on the rights of its
citizens. He led congressional battles to cut U.S. aid to El Salvador.
Meanwhile, hundreds of thousands of Salvadorans fled their country's civil
war and sought refuge in the U.S. At that time, our asylum system was so
politicized by foreign policy considerations that asylum applicants from El
Salvador faced one of the lowest approval rates of any nationality.
Representative Moakley, along with Senator Dennis DeConcini of Arizona, led
a seven-year effort to force the government to stop deporting Salvadorans.
His persistence ultimately led to a piece of the 1990 Immigration Act that
granted Salvadorans a new, nationality-wide protection from deportation,
Temporary Protected Status.
That was not the end of a fight to get our government to treat Salvadorans
equitably with other immigrants and refugees. However, that important
victory has, over the past decade, led to thousands of Salvadorans finally
gaining their permanent residence in the U.S., with more gaining residence
now under the Nicaraguan Adjustment and Central American Relief Act
(NACARA). Few members of Congress have made such an impact on the lives so
many immigrants and refugees as Rep. Moakley.
Save the Date: Next Nationwide Immigration Policy Call will be June 29
On Friday, June 29th, at 1:00 PM (EDT), the Washington-based immigration
groups will be holding their monthly nationwide conference call. The calls
are a way for DC groups and activists around the country to exchange ideas
and report on different activities. Information on how to get on the call,
along with a proposed agenda, will be circulated prior to the call.
==============================
Maurice Belanger
Senior Policy Associate
National Immigration Forum
E-Mail: mbelanger@immigrationforum.org
Web: http://www.immigrationforum.org
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