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From: Aliza Becker <azbecker@mindspring.com>
To: Multiple recipients of list <nifl-esl@literacy.nifl.gov>
Subject: [NIFL-ESL:7699] Immigration Policy Update
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National Immigration Forum
Date: May 17, 2002
To: Forum Associates and interested advocates
From: Maurice Belanger
Re: Immigration Policy Update
----------------------------------------------------
CONTENTS
1. Border Security Act Becomes Law
2. Proposal to Soften Harsh 1996 Law Targeted by
Restrictionists
3. U.S./Cambodian Governments Reach Agreement on Deportations
4. Items From the Federal Register
----------------------------------------------------
---------------
BORDER SECURITY - President Signs Border Security Act
---------------
On May 14, the President signed the Enhanced Border Security and Visa Entry
Reform Act. After the bill passed the Senate on April 18, one of the few
changes made by the Senate (after it passed the House) was objected to by a
member of the House. The bill had to go back to the Senate, where it was
stripped of the objectionable provision, and passed again. The House passed
the bill again (for the third time) on May 8 (by a vote of 411-0).
In signing the bill, the President noted that we can do a better job of
securing our borders. However, he said that, "[a]merica is not a
fortress.... We're a free country; we're an open society. And we must always
protect the rights of...law-abiding citizens from around the world who come
here to conduct business or to study or to spend time with their family."
For the President's full statement, see:
http://www.whitehouse.gov/news/releases/2002/05/20020514-4.html
House Minority Leader Richard Gephardt, in his statement on the signing of
the bill, said that the way should be cleared for action on comprehensive
immigration reform: "Now is the time for President Bush to keep his
commitment to Mexican President Vicente Fox to address migration issues that
are critical to both our nations." See:
http://democraticleader.house.gov/media/press/readPress.asp?ID=309
-------
FIX '96 - Bill to Modify Harsh 1996 Law Targeted by Restrictionist Smear
Campaign
-------
H.R. 1452, the "Family Reunification Act," introduced by Reps. Barney Frank
(D-MA) and Lincoln Diaz-Balart (F-FL), would modify some of the provisions
of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act
regarding the mandatory detention and removal provisions as they apply to
long-term permanent residents.
What H.R. 1452 would do is allow for the consideration, on a case-by-case
basis, of relief from mandatory removal of persons convicted of crimes that
are uniquely defined in immigration law as "aggravated felonies." A person
may be considered for relief from permanent exile if they have resided
legally and continuously in the U.S. for seven years or more (five years as
a permanent resident), were sentenced to less than five years of actual
imprisonment if convicted of an "aggravated felony," and who are determined
to not pose a threat to the community if released.
The 1996 immigration law made deportation automatic for persons committing
"aggravated felonies." (An "aggravated felony" in immigration law may be
neither a felony nor "aggravated" as defined in criminal law, but rather
generally means a conviction that results in a sentence (but not time
served) of one year or more.) The law made the punishment retroactive to
crimes committed in the past. The result has been that persons who have
committed relatively minor crimes and have since straightened out and lived
exemplary lives have been deported or placed in deportation proceedings.
H.R. 1452 would restore the ability of our system to distinguish between
serious and minor crimes; to factor in a person's behavior subsequent to his
or her criminal conviction; and to consider his or her ties to the United
States, including U.S. Citizen or Permanent Resident family members,
ownership of businesses, etc.
Seems reasonable. But to hear it told by the Federation for American
Immigration Reform (FAIR) and their allies in Congress, this modest proposal
portends the end of the world. In a "summary" of the legislation, FAIR says
that the 1996 laws were "made to protect the American public from dangerous,
often repeat criminal aliens..." and that "H.R. 1452 would restore the legal
loopholes closed by the 1996 laws and endanger public safety in the
process."
Thus far, restrictionists have succeeded in slowing down a planned "markup"
of the legislation in the House Judiciary Committee.
ACTION ITEM: Citizens and Immigrants for Equal Justice (CIEJ) and other
organizations are urging that their constituents contact their members of
Congress to counter the misinformation being spread by FAIR and to urge
passage of this bill. Below is the text of an action alert circulated by
CIEJ.
An Action Alert from the Leadership Conference on Civil Rights is posted at:
http://capwiz.com/civilrights/issues/alert/?alertid=150352
The American Civil Liberties Union has also posted an action alert on this
issue at: http://www.aclu.org/action/immigration107.html
<-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><->
ACTION ALERT: Support the Family Reunification Act!
Every year the government deports thousands of noncitizens with convictions.
Virtually everyone deported is cast as an "aggravated felon," a deceptive
term because it includes crimes that are neither "aggravated" nor a
"felony." All "aggravated felons" are MANDATORILY deportable, no matter how
strong their proof of rehabilitation or ties to this country.
The House Judiciary Committee is considering "marking up" The Family
Reunification Act (HR. 1452), a bill that would restore some due process for
certain legal residents facing life exile. The bill is one moderate step
towards fixing our crippled immigration system.
But immigrant foes are waging a smear campaign against HR 1452. They are
invoking September 11th to hinder efforts to give people a day in court. To
pass this bill, and to set the tone for future reforms, we need you to
contact the House Judiciary Committee RIGHT AWAY. Instructions on whom to
call and the script to read/fax are below.
INSTRUCTIONS: Call and/or fax
- F. James Sensenbrenner, Jr. (Chair, WI-9): phone 202- 225-5101; fax 202-
225-3190
- John N. Hostettler (IN-8): phone 202-225-4636; fax 202-225-3284.
- Melissa Hart (PA-4): phone 202-225-2565; fax 202-226-2274
- Your own representative
SCRIPT: read and/or fax (as a letter) the following message
I am calling to express my support for H.R. 1452 ("The Family Reunification
Act"). It is a bipartisan bill sponsored by Republican Lincoln Diaz-Balart
and Democrat Barney Frank. The bill would grant long-term legal permanent
residents a chance to explain themselves in court. Currently anyone
convicted of an "aggravated felony" is mandatorily deportable. While the
label is frightening, it is also deceptive. It includes crimes such as
shoplifting, crimes that are neither "aggravated" nor a "felony" according
to states' laws.
H.R. 1452 has modest goals. It does not change who is deportable. It just
allows those people deemed "aggravated felons" who have lived here legally
for at least seven years and who served less than five years for their
conviction to go before an immigration judge. The judge would weigh the
individual's crime and favorable factors, and determine if relief from
permanent exile should be granted. "Favorable factors" include length of
residency, ties to the US, and proof of rehabilitation.
Please do what you can to support H.R. 1452.
<-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><-><->
U.S./Cambodia, Agree on Deportations
In a related matter, the U.S. Government and the Cambodian government have
reached agreement on the deportation of certain Cambodians from the U.S.
The agreement pertains to non-citizens who have committed crimes classified
as "aggravated felonies" under the 1996 immigration law, requiring their
deportation. Up to now, the Cambodian government has not agreed to accept
these deportees.
Until recent court decisions forced a change in policy, non-citizens subject
to mandatory removal, but unable to be returned to their countries were
called "lifers," because of the INS policy of holding them in detention
indefinitely. Many have been released, but are still subject to mandatory
removal pending an agreement with the governments of their home countries.
Nationals of Vietnam and Laos, as well as Cambodia and certain other
countries, faced similar punishments.
According to the Southeast Asian Resource Action Center (SEARAC),
approximately 1,400 Cambodians face forced repatriation. SEARAC's press
release on this issue can be found at: http://www.searac.org/prcam05_02.html
If passed, H.R. 1452 (described above) would create an opportunity for some
of these Cambodians to remain in the U.S.
FROM THE FEDERAL REGISTER
Rules, Guidance, and other documents.
On April 18, the Department of Justice published "Guidance to Federal
Financial Assistance Recipients Regarding Title VI Prohibition Against
National Origin Discrimination Affecting
Limited English Proficient Persons." This guidance updates the previously
published January 2001 Guidance and republished in January 2002 for public
comment. This guidance takes into account the 75 comments received to the
January 2002 publication and an OMB report to Congress in March of this
year, "Assessment of the Total Benefits and Costs of Implementing Executive
Order No. 13166: Improving Access to Services for Persons with Limited
English Proficiency.'' Comments are due May 20.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9461-filed
On April 22, the INS published an interim rule, "Release of Information
Regarding Immigration and Naturalization Service Detainees in Non-Federal
Facilities." "This interim rule governs the public disclosure by any state
or local government entity or by any privately operated facility of the name
or other information relating to any immigration detainee being housed or
otherwise maintained or provided service on behalf of" the INS. The rule
"clarifies that non-Federal [detention] providers shall not release
information relating to" INS detainees, "and that requests for public
disclosure of information relating to" INS detainees be forwarded to the
INS. The rule is aimed at preserving the ability of the INS to continue to
operate in secret regarding the detention of those being investigated for a
connection to terrorism. Comments are due June 21.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9863-filed
On April 25, a presidential determination was published releasing $20
million from the Emergency Refugee and Migration Assistance fund for a
contribution to the United Nations Relief and Works Agency for Palestine
Refugees.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10316-filed
On May 5, the Department of labor published a proposed rule, "Labor
Certification for the Permanent Employment of Aliens in the United States;
Implementation of New System." The proposed rule was summarized as follows:
"The Department of Labor is proposing to amend its regulations
governing the filing and processing of labor certification applications for
the permanent employment of aliens in the United States to implement a new
system for filing and processing such applications. The proposed rule would
also amend the regulations governing the employer's wage obligation under
the H-1B program. The new system would require employers to conduct
recruitment before filing their applications directly with an ETA
application processing center on application forms designed for automated
screening and processing. State Workforce Agencies (SWA's) would provide
prevailing wage determinations to employers. Employers would be required to
place a job order with the SWA which would be processed the same as any
other job order placed by employers. SWA's would no longer be the intake
point for submission of applications and would not be involved in processing
the applications as they are now in the present system. The combination of
prefiling
recruitment, automated processing of applications, and elimination of the
role of the SWA's in the processing of applications will yield a large
reduction in the average time needed to process labor certification
applications and are expected to eliminate the need to periodically
institute special, resource intensive efforts to reduce backlogs which have
been a recurring problem."
Comments are due July 5.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10570-filed
On May 7, the Department of State published a final rule, "Visas: Passports
and Visas Not Required for Certain Nonimmigrants--Visa Waiver Program."
This final rule eliminates reference to the Visa Waiver Pilot Program, and
refers instead to the Visa Waiver Program (the permanent program that
replaced the pilot.) The rule also turns over responsibility for publishing
the list of visa waiver countries to the INS. The rule became effective on
May 7. (The INS has not, however, published a list of visa waiver
countries.)
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-11164-filed
INS FORMS
INS published the following notices about Office of Management and Budget
review of the following new forms:
N-600K, "Application for Citizenship and Issuance of Certificate under
Section 322." Published May 2. Comments due June 3.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10800-filed
INS published the following notices about Office of Management and Budget
review for the continued use of the following forms:
"Fax Request Form from Benefit Agency to INS for Confirmation of Status of
I-130 and Fax Request Form from Benefit Agency to EOIR for Confirmation of
Status." Second notice published April 18. Comments due May 20.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9489-filed
G-646, "Sworn Statement of Refugee Applying for Admission into the United
States." (This form
provides the grounds of admissibility to the United States as they apply to
refugees.) Published April 18. Comments due June 17.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9488-filed
I-43, "Baggage and Personal Effects of Detained Aliens." Second notice
published April 30. Comments due May 30.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10603-filed
I-94W, "Visa Waiver Nonimmigrant Arrival/ Departure Document." Second
notice published April 30. Comments due May 30.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10604-filed0-10-M
I-104, "Alien Address Report Card." Published April 23. Comments due June
24.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9821-filed
I-508, "Waiver of Rights, Privileges, Exemptions, and Immunities." Second
notice published April 30. Comments due May 30.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10605-filed
I-510, "Guarantee of Payment." (This form is regarding alien crewmen.)
Published April 23. Comments due June 24.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9822-filed
I-590, "Registration for Classification as Refugee." Published April 18.
Comments due June 17.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9487-filed
I-600 and I-600A, "Petition to Classify Orphan as an Immediate Relative and
Application for Advance Processing of Orphan Petition." Second notice
published April 30. Comments due May 30.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10608-filed
I-602, "Application by Refugee for Waiver of Ground of Excludability."
Second notice published May 2. Comments due June 3.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10798-filed
I-612, "Application for Waiver of the Foreign Residence Requirement of
section 212(e) of the Immigration and Nationality Act." Second notice
published April 30. Comments due May 30.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10609-filed
I-694, "Notice of Appeal of Decision under Section 210 or 245A of the
Immigration and Nationality Act." Second notice published April 30.
Comments due May 30.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10607-filed
I-697, "Change of Address Card." Published April 23. Comments due June 24.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9824-filed
I-760, "Guam Visa Waiver Agreement." Second notice published April 30.
Comments due May 30.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10606-filed
I-829, "Petition by Entrepreneur to Remove Conditions." Published April 23.
Comments due June 24.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9823-filed
I-855 and M-426, "ABC Change of Address Form and Special Filing Instructions
for ABC Class Members." Published April 23. Comments due June 24.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9826-filed
N-445, "Notice of Naturalization Oath Ceremony." Published April 23.
Comments due June 24.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9825-filed
N-600 (revised), "Application for Certificate of Citizenship." Second
notice published May 2. The form has been revised to take into account
comments received in June of 2001. Comments due June 3.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-10799-filed
Forms - Misc.
An April 18th notice from the Centers for Disease Control said that the
Office of Management and Budget is reviewing the form, "Statement in Support
of Application For Waiver of Inadmissibility."
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-9382-filed
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