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 g66KB5X09669; Sat, 6 Jul 2002 16:11:05 -0400 (EDT)
Date: Sat, 6 Jul 2002 16:11:05 -0400 (EDT)
Message-Id: <B94CB782.449C%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:7831] 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: 17031
Lines: 342
National Immigration Forum
Date: July 5, 2002
To: Forum Associates and interested advocates
From: Maurice Belanger, Lynn Tramonte, Nick Hearing
Re: Immigration Policy Update
----------------------------------------------------
CONTENTS
1. Bill to Help Students Stirs Anti-Immigrant Backlash
2. Supreme Court Grants Government Stay of Open Immigration
Hearing Order
3. Bill to Reduce Immigration Introduced by Subcommittee Chair
in House
4. Senate TANF Bill Would Provide Access for Immigrants
5. Bill to Tie Drivers' Licenses to Visas Advances in House
6. Supreme Court to Review Mandatory Detention Policy
7. Resources of Interest
----------------------------------------------------
Congress has been out this 4th of July week. It will be back in session
July 8.
---------------------
UNDOCUMENTED STUDENTS - Undocumented Students One Step Closer to College
Dreams
---------------------
On Thursday, June 20, the Senate Judiciary Committee approved by voice vote
the Development, Relief, and Education for Alien Minors Act (DREAM Act), S.
1291. This bill represents a compromise between Senator Richard Durbin's
(D-IL) Children's Adjustment, Relief, and Education Act (CARE Act), S. 1265,
and an earlier version of the DREAM Act introduced by Senator Orrin Hatch
(R-UT).
The new DREAM Act would repeal Section 505 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (IIRAIRA), which holds that any
residency-based benefit states give to undocumented immigrants must also be
extended to legal residents and citizens of other states. This clause has
been an effective deterrent to states wishing to offer in-state tuition to
undocumented residents, although a few (notably California and Texas) have
interpreted the law in a way that has allowed them to provide in-state
tuition rates to resident undocumented students. Since most states have not
enacted their own laws to deal with the federal restriction, repealing this
section is crucial to widening the universe of undocumented students who can
access universities at in-state rates.
The DREAM Act also creates a path for certain undocumented students to
obtain legal permanent residency based on their age, length of U.S.
residence, high school graduation, and demonstration of "good moral
character." The Act establishes a new "cancellation of removal" procedure
for which students who meet these criteria may affirmatively apply. Without
this provision, students who attend college but still do not have legal
status here would ironically find themselves unable to work in their chosen
fields upon graduation.
Following the solid approval of this bill in the Judiciary Committee, the
Federation for American Immigration Reform (FAIR) issued a press release
denouncing it as an "amnesty" for "illegal alien students." FAIR decried
what it considers "federal subsidies" for college education and creating
even more foreign students for the INS to keep tabs on, playing up fears
over terrorists who used student visas to enter the country. FAIR ignored
the fact that these students and their parents have been, for years, paying
taxes into a system they are basically barred from accessing.
Anti-immigrant groups have launched a targeted campaign against Senator
Hatch, and his office has received dozens of communications denouncing his
co-sponsorship of this "amnesty."
Action Item
If you support Senator Hatch's leadership in coming to this compromise with
Senator Durbin, please let him know. A letter, phone call, or other contact
with Senator Hatch's office would go a long way toward showing him the depth
and breadth of support that exists on the other side of the immigration
policy debate.
Sen. Orrin Hatch
104 Hart Office Building
Washington, D.C. 20510
Voice: 202.224.5251
Fax: 202.224.6331
The future of this bill in the 107th Congress is uncertain. Sen. Robert Byrd
(D-WV) objected to a "unanimous consent" request to bring the bill to the
Senate floor--temporarily stalling action. Congress has a lot on its
platter with relatively few legislative days to get all of its work done.
However, advocates from around the country and in Washington are planning a
July 17th Washington, DC, lobby day to keep this issue on the radar screen.
For more information or to tap into the activities being organized for this
event, contact Josh Bernstein of the National Immigration Law Center (NILC)
at bernstein@nilc-dc.org.
For a summary of the DREAM Act, written by NILC, contact Lynn Tramonte of
the National Immigration Forum (ltramonte@immigrationforum.org) or Josh
Bernstein of NILC.
------------------------------
ANTI-TERRORISM AND DUE PROCESS - Supreme Court Stays Ruling on Open Hearings
------------------------------
On June 28, the Supreme Court blocked implementation of a New Jersey judge's
order opening the immigration hearings of persons held on immigration
charges since September 11.
Shortly after September 11, Chief Immigration Judge Michael Creppy issued a
directive closing the immigration hearings of all immigration cases of
"special interest" to the post-September 11 terrorism investigation. The
government has held hundreds of foreigners in secret, and has closed
deportation proceedings for these persons. The blanket policy was
challenged by New Jersey media outlets, represented by the American Civil
Liberties Union and the Center for Constitutional Rights.
On May 28, Federal District Judge John Bissell ruled that the government
could close hearings on a case-by-case basis when it could show that an open
hearing would compromise a terrorism investigation, but otherwise the
Constitution requires open hearings. The Government appealed, asserting
that "[i]f these proceedings are open to the public during the critical
phase of the urgent threat to national security, terrorist organizations
will have direct access to information about the government's ongoing
investigations." A lawyer for two men whose hearings have been closed was
quoted in the Washington Post saying that, "[w]hat the government really
fears is that people will be allowed to attend these hearings for themselves
and see that nothing is going on." [Ironically, while the government
believes it is an urgent national security threat to release information
about these people, it apparently is NOT a threat to national security to
release the people themselves, by deporting them to another country.]
The Third Circuit Court of Appeals, which will hear the government's appeal
of the District Judge order, was not persuaded by the government's request
for a stay. The government took their request to the Supreme Court, which
granted the stay. The next step for this issue is for the Third Circuit
Court to hear the case on the merits. In the only other decision reached by
a court on this issue, a federal judge in Detroit also ruled against the
Government's secret hearings policy. It is likely that the issue will
ultimately be decided by the Supreme Court.
-----------------
LEGAL IMMIGRATION - Gekas Introduces Bill to Reduce Immigration
-----------------
House Immigration Subcommittee Chair George Gekas (R-PA) has introduced a
bill which would appear to place him solidly in the camp of Immigration
Reform Caucus Chair Thomas Tancredo, who has become the spokesman for the
restrictionist wing of the Republican party in the House. Ostensibly
introduced to make America safer from terrorism, the bill cuts legal
immigration and refugee admissions. We have not yet seen a careful analysis
of the 238-page bill, but after a quick look, it appears that it would,
among other things:
** reduce family preference immigration from 226,000 to 87,934
annually;
** eliminate the "other worker" category of third preference employment
immigration (a category that allows up to 10,000 workers performing
unskilled labor to enter the country each year);
** eliminate the diversity visa program (currently allocating 50,000
visas annually);
** reduce refugee admissions to a level no greater than the number
resettled by a country other than the U.S. (with some exceptions provided).
The bill, H.R. 5013, has not yet been posted on the Library of Congress
website. A press release from Rep. Gekas's office about the bill can be
found on his website at:
http://wwwa.house.gov/gekas/press/june/2002/26-SweepingImmigrationReform.htm
---------------
PUBLIC BENEFITS - Senate Finance Committee Keeps Immigrant Concerns on TANF
Agenda
---------------
On June 26th, the Senate Finance Committee agreed on a welfare
reauthorization proposal that would improve access to certain health and
welfare programs for immigrants barred from these programs by the 1996
Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA).
Included in the Senate's version of the Work, Opportunity, and
Responsibility for Kids (WORK) Act of 2002 (H.R. 4737) are three important
provisions:
* Giving states the option to open up Medicaid and the State
Children's Health Improvement Program (SCHIP) to legal resident pregnant
women and children, regardless of date of entry;
* Giving states the option to extend Temporary Assistance for Needy
Families (TANF) access to "qualified" legal immigrants, regardless of date
of entry; and
* Clarifying the sense of Congress that state and local governments
may legally extend health care services to undocumented immigrants by using
non-federal funding.
The House-passed version of H.R. 4737 does not contain these provisions. If
the Senate ultimately passes these pro-immigrant restorations, the
differences will be worked out in a conference committee. Advocates closely
following this debate do not expect the TANF reauthorization bill to be
brought before the full Senate until September, but the TANF program must be
re-authorized before the new fiscal year begins on October 1. For more
information or details on the Senate proposal, contact Adey Fisseha of the
National Immigration Law Center at fisseha@nilc-dc.org.
This update was compiled using information from the National Immigration Law
Center.
-----------------
DRIVERS' LICENSES - Federal Driver's License Bill Advances
-----------------
On May 2, 2002, the House Immigration Subcommittee passed H.R. 4043, a bill
sponsored by Rep. Jeff Flake (R-AZ), which would prohibit federal agencies
from accepting a driver's license as identification unless the state links
the expiration dates of its licenses to those of non-immigrant visas issued
by the federal government in cases where the license holder is not a U.S.
citizen. As a consequence, state driver's license issuing agencies would
have to verify immigration status before issuing a driver's license.
Distinguishing between immigrant and non-immigrant visa holders, as well as
understanding the various statuses and visas issued by the federal
government, is often difficult without proper training. Consequently, Rep.
Flake's bill will likely lead to the denial of drivers' licenses to
qualified individuals as a result of misinterpretation of immigration
documents.
Furthermore, this measure may also encourage racial profiling of U.S.
citizens, particularly those of ethnic minority groups, as untrained DMV
employees seek immigration documents from those they view as
"foreign-looking."
In introducing his bill, Rep. Flake said that "[t]his is common-sense
legislation, but it took an event like September 11 to shed some light on
this issue." Other than the civil rights violations and other problems that
may stem from the bill, it is unclear what would be gained from it. If the
aim is to prevent terrorists from using licenses after their visas have
expired, a potential terrorist might simply remain in legal status, and thus
maintain a current license.
The National Council of La Raza (NCLR) has sent a letter to Representative
James Sensenbrenner (R-WI), Chairman of the House Judiciary Committee, with
approximately sixty organizations signed on. The letter expresses
advocates' concerns with this piece of legislation, stating that the
driver's licenses should remain a document serving as evidence of one's
identity and one's ability to operate a motor vehicle, and should not
indicate a person's immigration status.
Resource
NCLR has issued a report, "Safe Roads, Safe Communities: Immigrants and
State Driver's License Requirements." The paper explores current federal
and state driver's license requirements, current proposals to restrict the
issuance of licenses to immigrants and non-immigrants, NCLR's driver's
license principles, arguments in favor of making licenses more accessible,
and steps that can be taken to ensure the integrity of driver's licenses and
to prevent unauthorized drivers from making our roads less safe.
The report (in Portable Document Format) can be found on NCLR's website at:
http://www.nclr.org/policy/briefs/drivers_license_issue_brief_6.pdf
-------
FIX '96 - Supreme Court Will Review Mandatory Detention Policy
-------
The Supreme Court has agreed to hear a case stemming from the 1996 Illegal
Immigration Reform and Immigrant Responsibility Act (IIRAIRA), regarding
mandatory detention of immigrants who have committed "aggravated felonies."
The 1996 law requires the detention and removal of immigrants who have been
convicted of an "aggravated felony" (as defined by immigration law, not
criminal law). Thus far, three circuit courts of appeal have ruled that
mandatory detention without the possibility of a hearing or release on bail
raises serious due process problems. The government has appealed. The case
accepted by the Supreme Court is from the 9th Circuit, based in San
Francisco, of a Lawful Permanent Resident convicted of burglary and other
property offenses.
According to the New York Times, in the government's appeal, Solicitor
General Theodore Olson [apparently forgetting his elementary school lessons
about the checks and balances of our government structure] said that the
court failed to giver proper deference to the determination by Congress that
the detention provision was necessary.
The case will be heard during the Supreme Court's next term, beginning in
the fall.
RESOURCES
Migration Policy Institute Website
In May, the Migration Policy Institute launched a new website, the Migration
Information Source (www.migrationinformation.org). The website provides
data on migration and refugees "with clear graphs and charts and concise
explanations. Reporting from around the world by expert analysts places the
data in a contemporary policy context." Information for the U.S. and other
countries is provided. There is also reporting on U.S. immigration policy,
information for the press, and much more. The Institute offers a monthly
e-mail newsletter describing new migration information and articles
published on the website.
The Anti-Immigration Movement
The Southern Poverty Law Center has written another story on the
anti-immigration movement, published in the Summer 2002 "Intelligence
Report," the Center's quarterly newsletter. This story, "The Puppeteer,"
focuses on John Tanton, a Michigan ophthalmologist who is a major funder of
several anti-immigration groups, and who has founded several of them. The
article also notes the drift of some anti-immigration groups towards the
extreme right-wing and racist groups that the Center has traditionally
monitored. You can read this article on the Center's website at:
http://www.splcenter.org/cgi-bin/goframe.pl?refname=/intelligenceproject/ip-
4v1.html
Immigration and the Environment
While the anti-immigration movement seems to have latched on to
anti-terrorism as its cause of the day, it still makes references to
yesterday's favorite selling pitch: population growth, sprawl, and
environmental degradation. The summer 2002 issue of "onearth," the National
Resources Defense Council's (NRDC) quarterly publication, contains an
interesting article on the connection (or lack of connection) between
immigration, population growth, and sprawl. The article examines a
Greenville, South Carolina, anti-immigrant group and its use of
environmental arguments. Interspersed are interesting statistics provided
by national environmental and planning organizations. The article is up on
NRDC's website at: http://www.nrdc.org/OnEarth/02sum/immigra1.asp.
*****************************************************
* If you would like to stop receiving e-mail **
* updates from the National Immigration Forum, **
* send a message to mbelanger@immigrationforum.org **
* and ask to be removed from the list. It's **
* easier to find you on the list if you identify **
* yourself when making any request. -mb **
=====================================================
Maurice Belanger
Senior Policy Associate
National Immigration Forum
mbelanger@immigrationforum.org
http://www.immigrationforum.org
------ End of Forwarded Message
This archive was generated by hypermail 2b30 : Fri Jan 17 2003 - 14:44:17 EST