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Subject: [NIFL-ESL:6360] National Immigration Forum Update
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National Immigration Forum
Date: August 11, 2001
To: Forum Associates and interested advocates
From: Maurice Belanger
Re: Immigration Policy Update
----------------------------------------------------
The following update is adapted from a periodic fax memo
sent to Associates of the National Immigration Forum.
CONTENTS
1. Voices of Support for a U.S.-Mexico Migration Deal
2. Refugee Protection Act Introduced
3. INS to Increase Fees
4. New INS Commissioner Starts His Job
5. Diversity Visa Registration Period Begins October 1
6. TPS for Montserrat Extended for One Year
7. Sensenbrenner, Gekas, Say INS Must be Reorganized Before Laws
Change
8. GAO Report on Southwest Border Enforcement Strategy
9. Report on 10 Federal Register Notices
----------------------------------------------------
-----------
U.S.-MEXICO - Diversity of Voices Support Legalization Component in
U.S.-Mexico Deal
-----------
Ever since the news broke about the possibility that a U.S.-Mexico
migration deal might include some sort of earned legalization program
for immigrants already in the U.S., a chorus of voices from across the
political spectrum have supported the idea.
On August 2, the Congressional Democratic leadership staged a press
conference to release a set of principles on the issue of immigration.
Those principles include: adjusting the number of family and employment
visas to reduce the backlogs; the ability of long-time, hardworking
undocumented immigrants to earn legalization, no matter their country of
origin; an enhanced temporary worker program that is structurally
different from past temporary worker programs; a restoration of due
process rights stripped from immigrants by the 1996 immigration laws;
and a reformed INS. (The Forum circulated the Democrat’s “Principles
Statement” August 2.)
On July 25, the National Campaign for Jobs and Income Support held a
press conference releasing a set of principles for U.S.-Mexico
negotiations. Over 200 immigrant advocacy and service provider
organizations, labor unions, religious organizations, and others signed
on to the principles. Briefly, those principles are:
• Any agreement between the U.S. and Mexico must include
opportunities for adjustment of status.
• A temporary worker program by itself would be an unacceptable
outcome.
• Any temporary worker program that emerges from this debate must
be markedly different from the existing model. That is, “it must
provide its workers with full labor and civil rights, which are
vigorously enforced, and provide a path to adjustment of status.”
(The Forum circulated the complete text of these principles on July 11.)
Yet another letter staking out a position on a U.S.-Mexico deal was
signed on to by a number of service and construction industry
associations, the U.S. Chamber of Commerce, and immigration advocacy
organizations. This letter asked the President to consider the
following principles:
• A comprehensive approach to migration issues is warranted, with
the goal being the creation of a legal framework for the prevailing
economic reality.
• A temporary worker program that emerges from this debate should
be markedly different from the existing and past models. It is
reasonable to construct a temporary worker framework that provides a
role for workers from Mexico who have no desire to stay permanently in
the U.S. and whose labor is needed in this country. A new program
should respect both the labor needs of business as well as the rights of
the workers.
• It is critical that an agreement between the U.S. and Mexico
include opportunities for adjustment of status.
Meanwhile, dozens of editorial boards from newspapers across the country
have taken positions on the concept of a legalization program, and
editorials have been generally positive. Indeed, many almost seem to
express relief that a sensible immigration policy may result from
U.S.-Mexico negotiations. Even newspapers that have recently been
critical of a new legalization program—the New York Times prominent
among them—have taken positions in favor of a legalization component of
a U.S.-Mexico deal.
In sum, there is broad support for some sort of legalization program
among immigrant advocates, labor organizations, business associations,
opinion-makers, and Congressional leaders. Still, the Bush
Administration itself is unclear on which direction to take. After a
high-level ministerial meeting with Mexican officials on August 8, the
Bush Administration appears to be stepping back from earlier indications
that major decisions will be made by early September. What appears to
be happening is that the administration will need more time to figure
out how to push any proposal, given the political reality within the
Republican party and in Washington.
Despite the broad support for legalization, there are powerful opponents
in Congress. Anti-immigrant groups will spare no expense in trying to
kill a legalization program as the debate proceeds. Therefore, it will
be important for advocates to keep pressing the argument that a
legalization program must be included in an overall migration deal with
Mexico. Here are some talking points that the Forum has been using:
• These immigrants are working hard, paying taxes, and are already
established in the U.S. They should be given the opportunity to obtain
regular legal status.
• Our current immigration enforcement scheme has failed to stop
people from coming illegally. The combination of tight legal
restrictions, which make it nearly impossible for many immigrants to
enter the U.S. legally, and the massive enforcement efforts along the
border, has lead many immigrants to pay criminal smugglers and risk
their lives to try to cross into the U.S. to seek work.
• We have made criminals of people for seeking the American dream,
and we need to change our policies to make legality the norm.
Immigration must be made legal, safe, and orderly.
• In addition to legalizing those who have already established
themselves in the U.S., we need to expand legal avenues of immigration
so that those who come in the future can come legally.
• In any temporary worker program that might be included in a
negotiated deal, workers should have full labor rights, including the
right to change jobs, and the right to travel freely. Workers should
also have a path to eventual permanent residence and citizenship in the
U.S. for those who want to settle permanently.
• A change in policy, including a program to give legal status to
those already here and already working, has broad support. From labor
unions to the business community, leaders are calling for change.
• Development initiatives should be targeted to areas of high
out-migration to strengthen the Mexican economy, thus gradually reducing
emigration pressures.
------
ASYLUM - Refugee Protection Act Introduced
------
On August 2nd, Senators Sam Brownback (R-KS) and Patrick Leahy (D-VT)
introduced the Refugee Protection Act (S. 1311). The bill currently has
seven co-sponsors, including Susan Collins (R-ME), Jim Jeffords (I-VT),
Edward Kennedy (D-MA), Richard Durbin (D-IL), and Bob Graham (D-FL). It
enjoys substantial support from Republican and Democratic leadership
within key committees, as Senator Leahy chairs the Judiciary Committee,
Senator Kennedy chairs the Immigration Subcommittee, and Senator
Brownback is the Ranking Minority Member on the Immigration
Subcommittee.
The Refugee Protection Act was first introduced during the 106th
Congress to correct injustices visited upon asylum-seekers by the
Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of
1996. S. 1311 is similar to the version introduced during the 106th
Congress, but also includes additional measures that more
comprehensively address the problems experienced by those seeking asylum
in the United States. The current RPA:
• Ends the use of expedited removal except when there is an
“immigration emergency”;
• Provides safeguards to ensure that legitimate refugees are not
turned away even when expedited removal is in effect;
• Clarifies the circumstances under which an asylum-seeker may be
detained, and allows for parole of eligible asylum-seekers while their
claims are under review;
• Promotes the use of alternatives to detention whenever possible;
• Facilitates an Immigration Judge’s review of a decision to
detain an asylum-seeker who requests parole;
• Eliminates the one year filing deadline for asylum applications;
and
• Eliminates the annual asylee adjustment cap of 10,000.
The Asylum Working Group in Washington, DC, led by the Lawyers Committee
for Human Rights, has been actively working with Senator Brownback and
Senator Leahy’s staff to line up grassroots support and co-sponsors for
this bill. The August recess presents advocates with an opportunity to
contact their Senators and ask them to sign on to the bill. Supporters
of this bill are particularly interested in securing more Republican
co-sponsors, including John McCain (AZ), Gordon Smith (OR), Charles
Grassley (IA), Arlen Specter (PA), Mike DeWine (OH), Lincoln Chafee
(RI), Olympia Snowe (ME), Bob Smith (NH), and Peter Fitzgerald (IL), but
would welcome the help of any and all Senators in getting this bill
enacted. Hearing that there is support for this common-sense bill in
their home states would do significantly more to influence these
Senators’ decisions to sign on than any advocacy done in Washington, DC.
The working group has prepared some materials to help you advocate for
this important bill. If you would like a section-by-section summary of
S. 1311, a background memo on the bill, or a sample letter you can
re-work for your particular Senators, please contact Lynn Tramonte at
the Forum (ltramonte@immigrationforum.org).
------------
FEE INCREASE - INS again to raise fees for immigration and
naturalization benefits
------------
On August 8, 2001, the INS published a proposed rule in the Federal
Register to increase fees for naturalization and immigration benefits.
The proposed fee increase is based on a 1997 review of costs for
adjudicating naturalization and immigration applications, with increases
for inflation to Fiscal Years 2002 and 2003—the period during which the
new fees will be in effect. To each application, the Service added
$5.00 to cover the cost of information technology and quality assurance.
Fee increases, for the most part, are approximately 15%, including the
$5.00 charge for technology and quality assurance. Naturalization fees
are proposed to go from $225 to $260. Adjustment of Status fees are
proposed to increase to $255 from $220. Fingerprinting fees, however,
are going up 100%, to $50. The original $25 fee was not based on an
assessment of costs, but was set in 1998, when Congress gave the INS
three months to take over fingerprinting from the non-governmental
organizations that previously performed that task. After reviewing its
costs, the INS says it needs $50. In discussing the proposed increases,
the INS notes its proposed budget for next year, including the backlog
reduction initiative, is based on the assumption that it will recover
its costs for processing applications. Failure to institute the fee
increases would result, the Service says, in the likelihood of increased
backlogs.
Comments on the proposed rule are due on or before October 9, 2001. The
INS will be accepting comments on the proposed fee increases
electronically. A copy of the Federal Register notice, as well as a
chart of the proposed fee increases, can be found on the INS website at
http://www.ins.gov.
----------------------
THE NEW ADMINISTRATION - New Commissioner Starts Job at INS
----------------------
On July 31, the Senate confirmed James Ziglar as Commissioner of the
Immigration and Naturalization Service. The vote was non-controversial.
The Judiciary Committee had unanimously voted to send the nomination to
the floor of the Senate after a confirmation hearing which featured the
glowing testimony of both Senate Leader Thomas Daschle (D-SD) and
Minority Leader Trent Lott (R-MS). Mr. Ziglar developed good relations
with Senators during his tenure as Senate Sergeant at Arms, his previous
job. Mr. Ziglar has no immigration experience, but has been commended
for his management skills.
The Forum reported on the confirmation hearing of Mr. Ziglar on July 19.
His written testimony from the hearing can be found on the INS website
at: http://www.ins.gov/graphics/071801testimony.htm
----------------------
DIVERSITY VISA LOTTERY - Registration Period Begins October 1
----------------------
On August 1, the State Department published a notice in the Federal
Register announcing details of the Fiscal Year 2003 Diversity Visa
Program. Registration for the 50,000 visas allotted through the lottery
program begins October 1st, and ends October 31, 2001. Countries that
are excluded from the lottery program, because they have sent more than
50,000 immigrants to the U.S. in the past five years, are Canada, China
(mainland-born; persons born in Hong Kong SAR, Macau SAR and Taiwan are
eligible), Colombia, Dominican Republic, El Salvador, Haiti, India,
Jamaica, Mexico, Pakistan, Philippines, South Korea, United Kingdom
(Except Northern Ireland) and its dependent territories (including
Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland
Islands, Gibraltar, Montserrat, Pitcairn, St. Helena, Turks and Caicos
Islands), and Vietnam.
Instructions for applying for the visa lottery can be found on the State
Department’s website at:
http://travel.state.gov/visainstructions.html
---
TPS - TPS for Montserrat Extended
---
On August 3rd, the INS published a notice in the Federal Register
announcing that TPS for nationals of Montserrat is being extended to
August 27, 2002. A 90-day re-registration period began August 3rd, and
will end November 1, 2001. Nationals from Montserrat were originally
granted TPS in August of 1997, after a volcanic eruption caused
widespread destruction on the small island. Re-registration is open
only to those who registered during the original registration period,
which ended August 27, 1998. An estimated 323 persons are eligible for
re-registration.
An INS news release about the extension can be found on the INS website
at: http://www.ins.gov/graphics/publicaffairs/newsrels/mont_tps.htm
--------
CONGRESS - Committee, Subcommittee Chair Say INS Reorganization Must
Come First
--------
On August 7th, the Chair of the House Judiciary Committee, James
Sensenbrenner (R-WI), and the Chair of the Immigration Subcommittee,
George Gekas (R-PA), announced that they would not support changes in
immigration law that may come out of U.S./Mexico negotiations unless,
prior to those changes, there are steps taken to overhaul the INS. They
noted that, with 4.5 million applications already pending with INS, it
would be “foolish and unproductive to consider large changes to
immigration laws—and give the INS new responsibilities—while only
offering the same bureaucratic structure that has failed in the past.”
Their statement said that they will be drafting legislation to overhaul
the INS during the next month, and plan to hold hearings in September.
Their full statement can be found on the House Judiciary Committee
website at: http://www.house.gov/judiciary/news080701.htm.
------------------
BORDER ENFORCEMENT - GAO Report Say's Strategy's Effectiveness is
Unknown
------------------
On August 2, the General Accounting Office (GAO) released a report,
"INS’ SOUTHWEST BORDER STRATEGY: Resource and Impact Issues Remain After
Seven Years." Among other things, the report concludes that "[t]he
primary discernable effect of the strategy...appears to be a shifting of
the illegal alien traffic." Because INS has not analyzed the data in
its automated fingerprint system, the report notes, "[t]he extent to
which INS' border control efforts may have affected overall illegal
entry along the Southwest border remains unclear...." The report notes
that the strategy has taken longer to implement, because of difficulties
in hiring Border Patrol agents, and in obtaining approvals to deploy
technology. It also notes that the INS has not done a good job in
communicating with communities that are impacted by the deployment of
new resources, and that the shift of illegal traffic away from urban
areas has come at a cost to both illegal crossers (many of whom have
died in remote hostile terrain) and to the INS, which has had to
establish search and rescue units.
The report can be obtained on the GAO's website at: http://www.gao.gov/.
The release date is August 2.
-------------------------
FROM THE FEDERAL REGISTER
-------------------------
On July 31, the State Department published an interim rule, "Visas:
Documentation of Immigrants Under the Immigration and Nationality Act,
as Amended--Diversity Visas." The Department drafted the regulations to
take certain measures to prevent fraud in the DV program. Comment
Deadline: August 30.
On August 2nd, the Department of Labor published a notice setting the
Adverse Effect Wage Rates for employers seeking H-2A agricultural
workers. The notice also sets the maximum employers may charge if they
provide employees with three meals per day, and the maximum travel
subsistence
reimbursement which a worker with receipts may claim in 2001.
On August 2nd, the White House published a notice authorizing $27
million to be made available from the U.S. Emergency Refugee and
Migration Assistance Fund to meet unexpected urgent refugee and
migration needs due to the situations in Guinea, Sierra Leone, Eritrea,
and Afghanistan.
On August 3rd, the Department of Labor published a final rule, "Labor
Certification Process for the Permanent Employment of Aliens in the
United States; Refiling of Applications"
INS seeks comment on 6 forms sent to OMB
The INS published notices in the Federal Register about the following
forms (Federal Register publication date is noted):
1. July 27: Certificate of eligibility for nonimmigrant student
(F-1) status--for academic and language students (extension of currently
used form). Comment deadline: September 25.
2. July 27: Request for cancellation of public charge bond
(extension of currently used form). Comment deadline: September 25.
3. July 27: Application for removal (extension of currently used
form). Comment deadline: September 25.
4. July 27: Certification by designated school official (extension
of currently used form). Comment deadline: September 25.
5. July 27: Immigrant petition by alien entrepreneur (extension of
currently used form). Comment deadline: September 25.
6. August 8: Application for waiver of grounds of excludability
(extension of currently used form). Comment deadline: October 9.
All of these Federal Register notices, as well as the announcements
discussed in more detail above, can be obtained by going to the Federal
Register search page at
http://www.access.gpo.gov/su_docs/aces/aces140.html, and searching by
topic and date.
==============================
Maurice Belanger
Senior Policy Associate
National Immigration Forum
mbelanger@immigrationforum.org
http://www.immigrationforum.org
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