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Subject: [NIFL-ESL:7863] FW: Immigration Policy Update
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National Immigration Forum
Date: July 30, 2002
To: Forum Associates and interested advocates
From: Maurice Belanger, Lynn Tramonte, Shoba Sivaprasad
Re: Immigration Policy Update
----------------------------------------------------
CONTENTS
1. Homeland Security Bills Advance in House, Senate
2. INS Publishes Regulation on Local Enforcement in
"Immigration Emergencies"
3. Modest Due Process Bill Passes House Judiciary Committee
4. Undocumented Students Come To Washington
5. TPS Extended for Nationals of El Salvador, Montserrat, and
Somalia
6. Ashcroft Announces Intention to Enforce Change of Address
Law
7. Immigrants in the Military Get Expedited Naturalization
8. Southeast Asian Parolees Soon to be Allowed Permanent Status
9. Position Opening - National Immigration Law Center
10. Federal Register Items
----------------------------------------------------
------------------
INS REORGANIZATION - House, Senate on Different Tracks on Homeland Security
------------------
The proposed massive new government department being created to deal with
homeland security is taking shape somewhat differently in the House and
Senate regarding the immigration function. In the House, several committees
of jurisdiction marked up a bill to establish the new Department of Homeland
Security during the week of July 15. The House Judiciary Committee rejected
the inclusion of the entire INS within the new Department. An amendment by
Judiciary Committee Chair James Sensenbrenner kept immigration service
functions within the Justice Department, transferring enforcement functions
to the Department of Homeland Security. The next day, the Government Reform
Committee rejected that approach, with Subcommittee Chair Dan Burton (R-IN)
saying the administration strongly opposed it. The Select Committee on
Homeland Security, the Committee responsible for drafting the bill that
would ultimately be debated on the House Floor, accepted the Sensenbrenner
approach, and split INS services and enforcement between the Department of
Justice and the Department of Homeland Security. That bill passed the House
by a vote of 295 to 132 on July 26. The House is now recessed for the month
of August.
In the Senate, the Governmental Affairs Committee considered a bill that had
the immigration function wholly within the Department of Homeland Security,
separated into a fifth division and organized along the lines provided for
in the Kennedy/Brownback INS Reorganization bill. The Homeland Security
bill was reported out of the Committee on July 25. It will now be
considered on the Senate Floor, but not before the Senate's August recess,
which begins at the end of this week. Differences in the House and Senate
versions of the bill will have to be reconciled in a conference committee in
September.
President Bush has threatened to veto the bill if it survives in the Senate
version--not over the immigration issue, but because the Senate version
retains worker protection for government workers who will transfer over to
the new department. Regarding the House bill, the Administration issued a
Statement of Policy saying, among other things, that it is "deeply concerned
that the bill retains INS' services functions in the Department of Justice."
The Administration believes that "both the service and enforcement elements
of the INS should be moved to the new Department."
Both bills create an Office of Children's Services within the Department of
Health and Human Services, removing INS's responsibility for unaccompanied
minor children. The House bill allows for moving the Executive Office for
Immigration Review (EOIR, the immigration judges and Board of Immigration
Appeals) into the Department of Homeland Security. The Senate bill creates
an Agency for Immigration Hearings and Appeals within the Department of
Justice. This agency would replace EOIR.
-----------------------------
LOCAL IMMIGRATION ENFORCEMENT - Final Rule on Immigration Enforcement in
Emergencies
-----------------------------
On July 24, the INS published a final rule implementing section 372 of the
Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA). That
section provided for the Attorney General to delegate to state or local law
enforcement officers the authority to enforce immigration laws when the
Attorney General declares an immigration emergency due to an "actual or
imminent mass
influx of aliens arriving off the coast of the United States, or near a land
border." The publication of the regulation happens to coincide with the
controversy surrounding the Justice Department's recent (as yet unreleased)
legal opinion that state and local police have "inherent authority" to
enforce all immigration laws.
However, this final rule clashes with the doctrine of "inherent authority."
In discussing the comments to the proposed rule, which was published on
April 8, 1999, the INS repeatedly asserts that this delegation power will be
used in very limited circumstances. Specifically, the delegation will
occur:
** only during a declared immigration emergency having to do with a
mass influx or imminent mass influx of aliens;
** only during a defined period of time and within defined geographic
boundaries; and
** only after state and local agencies have entered into contingency
agreements which will require, among other things, that officers who may be
called on to assist federal authorities receive training from the INS.
Among other things, the contingency agreements between the Justice
Department and state and local enforcement agencies will include:
** "a statement that the relevant ...law enforcement officers are not
authorized to perform any functions of [the INS] ...until the Attorney
General [has declared an emergency];"
** "a requirement that State or local law enforcement officers cannot
perform any authorized functions of [the INS] ...until they have
successfully completed and been certified in a Service described course of
instruction in basic immigration law, immigration law enforcement
fundamentals and procedures, civil rights law, and sensitivity and cultural
awareness issues;"
** "a requirement that any State or local law enforcement officer
performing [INS] functions ...must adhere to the policies and standards set
forth during the training...;" and
** "a requirement that a mechanism to record and monitor complaints
regarding the immigration enforcement activities of State or local
enforcement officers exercising the authority to enforce immigration laws be
in place."
The preamble to the rule notes that, due to the fact that state and local
officers will have little opportunity to use training that will be provided
by the INS after a contingency agreement is signed, the INS will "develop a
means to provide appropriate refresher training."
The final rule can be found at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-18655-filed.pdf
------
FIX 96 - Due Process Bill Passes House Judiciary Committee
------
On July 23, 2002, the House Judiciary Committee approved an amended version
of the Family Reunification Act (H.R. 1452), which modestly improves the
excessively harsh 1996 immigration laws that have torn apart thousands of
American families. The final language of the bill reflects a compromise
between Judiciary Chairman James Sensenbrenner (R-WI) and the bill's
original sponsor, Rep. Barney Frank (D-MA). This bi-partisan bill allows a
limited number of long term legal permanent residents, who have committed
certain crimes and who are subject to mandatory removal under the 1996
immigration law, to apply for "cancellation of removal" before an
Immigration Judge. The Sensenbrenner-Frank bill limits eligibility for
relief to two categories of individuals: 1) legal permanent residents who
entered the U.S. as children and who now face deportation; and 2) legal
permanent residents who committed certain crimes that were later classified
as an "aggravated felony" under the 1996 Act. This compromise bill allows
certain long-term permanent residents who have committed less severe crimes
their "day in court," excluding those with more violent or terrorist-related
records.
The final language of H.R. 1452 includes additional compromising language
offered by Rep. Darrell Issa (R-CA). This amendment requires the Attorney
General or Deputy Attorney General (with no further delegation) to approve
each application for cancellation of removal under the new provision. The
amendment also includes a "sunset provision" of three years after enactment,
at which time the bill would expire.
Even with the compromise language, Rep. Lamar Smith (R-TX) spoke in
opposition to the bill, stating among other reasons that a different
administration--with a different Attorney General--might be "tempted to
abuse" its discretion to grant these waivers.
H.R. 1452 was passed in the Judiciary Committee by a vote of 18-15. The
bill was approved by every Democrat on the Committee. Republicans who voted
for the bill include Chris Cannon (R-UT), Darrel Issa (R-CA), Melissa Hart
(R-PA), Henry Hyde (R-IL), and Chairman Sensenbrenner.
There is no corresponding bill in the Senate. The Due Process Working Group
will be meeting with Senate staff over the August recess to discuss a Senate
companion bill.
---------------------
UNDOCUMENTED STUDENTS - Students Come to Washington, Press for Access to
Higher Education
---------------------
On July 17, 250 immigrant students, their counselors, teachers, and
classmates, and immigrants' rights advocates rallied on Capitol Hill in
support of the Development, Relief and Education for Alien Minors (DREAM)
Act (S. 1291) and the Student Adjustment Act (H.R. 1918). These two bills,
which enjoy strong bi-partisan support, would restore states' ability to
define residency for in-state college tuition purposes irrespective of
immigration status, and would also provide a mechanism for qualified
undocumented immigrant students to gain legal permanent residency.
The Washington, DC lobby day was organized by the National Immigration Law
Center, the National Campaign for Jobs and Income Support, the Mexican
American Legal Defense and Education Fund, and the National Network for
Immigrant and Refugee Rights, among others. The day featured a press
conference on Capitol Hill, with speakers including the bills' major
co-sponsors (Senators Orrin Hatch (R-UT) and Richard Durbin (D-IL);
Representatives Chris Cannon (R-UT), Howard Berman (D-CA), and Lucille
Roybal-Allard (D-CA)) and immigrant students who would see their college
dreams become reachable with the passage of this important legislation.
This press conference was attended by nearly twenty reporters and generated
several stories over the next few days in both local and national media
outlets.
The students, traveling from 25 states, then split up to visit their
respective Congressional offices and the White House to push for enactment
of this legislation. Students and accompanying advocates reported
sympathetic reception from Congressional members and their staffs, who were
touched by the students' stories and inspired to keep this issue moving. In
all, students and their allies met with 75 offices on the Hill.
Congress leaves Washington in August for its summer recess, and that would
be a great time for immigrant advocacy groups around the country to meet
with their Congressional delegations in their local offices to raise the
profile of this issue. This is also a perfect time to make contacts with
local educators and school administrators (both at the high school and
college level) to partner on advocacy efforts related to this legislation.
The DREAM Act has cleared the Senate Judiciary Committee but has not yet
been scheduled for further Senate action. The Student Adjustment Act has
not been considered yet by the House Judiciary Committee. To assist in your
advocacy efforts, the National Immigration Law Center has summaries of both
bills, which can be obtained either by e-mailing Tiana Murillo of NILC
(murillo@nilc-dc.org) or Lynn Tramonte of the National Immigration Forum
(ltramonte@immigrationforum.org). NILC is also maintaining a list-serv
covering this topic, which you can subscribe to by e-mailing Tiana.
Finally, should you know of immigrant students who would be affected by
these bills, contact Tiana for a survey form so that you can record their
stories. NILC is maintaining a file of students' stories for use in future
advocacy work around this issue.
---
TPS - Administration Extends TPS for Nationals of El Salvador, Montserrat,
Somalia
---
On July 11, the INS published a notice in the Federal Register extending
Temporary Protected Status to nationals of El Salvador for a period of one
year, until September 9, 2003. TPS was originally granted to Salvadorans on
March 9, 2001, after a series of devastating earthquakes caused widespread
destruction throughout El Salvador. Much of the housing and infrastructure
destroyed by the earthquakes remains to be rebuilt, and the Attorney General
decided that the conditions that warranted the original grant of TPS still
exist. There are approximately 263,000 Salvadorans with TPS in the U.S.
To be eligible for this extension of TPS, Salvadorans will have to
re-register between September 9 and November 12, 2002. For the most part,
only persons who entered the U.S. prior to February 13, 2001, and have
registered for TPS (or have yet to register under the initial designation)
will be eligible to re-register. Work authorizations are automatically
extended until March 9, 2003, to give the INS more time to renew the
Employment Authorization Documents (EADs). Having the re-registration
period end before the expiration of the EADs is apparently cause widespread
confusion in Salvadoran communities.
An INS news release on the extension, in English, can be found on the INS
website at:
http://www.ins.gov/graphics/publicaffairs/newsrels/elsalexrel.htm.
The Spanish version can be found at:
http://www.ins.gov/graphics/publicaffairs/newsrels/elsalexrelsp.htm
A fact sheet prepared by the INS, in English, can be found at:
http://www.ins.gov/graphics/publicaffairs/factsheets/elsalfs.htm
The Federal Register notice announcing the extension is at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-17479-filed
On July 17, the Justice Department extended TPS for nationals of Montserrat
for another 12 months, until August 27, 2003. TPS was originally granted to
nationals of Montserrat on August 28, 1997, after a volcanic eruption
destroyed much of the small island. There are 327 nationals of Montserrat
eligible for re-registration, which began on July 17 and ends on September
16, 2002. Persons who entered the U.S. prior to August 22, 1997, and who
have previously registered for TPS, are eligible with some exceptions.
The Federal Register notice announcing the extension is at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-18040-filed
An INS press release announcing the extension is on the INS website at:
http://www.ins.gov/graphics/publicaffairs/newsrels/TPSMont_NR.htm
On July 26, the Justice Department also extended TPS for Somalis for 12
months, until September 17, 2003. TPS was originally granted to Somalis on
September 16, 1991. A redesignation was made on September 4, 2001, giving
protection to Somalis who entered the U.S. after the cutoff date for the
original designation in 1991, but who have resided continuously in the U.S.
since September 4, 2001. The end of the initial registration period for
that group of Somalis is September 17, 2002. For those who already have
been granted TPS, the re-registration period began July 26 and ends on
September 24, 2002. The Justice Department estimates there are 250
nationals of Somalia in the U.S. eligible for re-registration.
The Federal Register notice announcing the extension is at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-18897-filed
-----------
DOJ ACTIONS - AG Announces Intention to Enforce Change of Address Law
-----------
On July 22, the Department of Justice announced the latest in a series of
initiatives that will make life more difficult for all immigrants in the
U.S. The Department announced that it will enforce a 50-year-old law
requiring immigrants to report changes of address to the INS. This
little-known provision of the immigration law requires immigrants to report
to the INS within 10 days if they change their address. Failure to do so is
a misdemeanor, punishable by a $200 fine and/or up to 30 days in prison.
Unless an immigrant proves that his or her failure to file was not
"willful," the immigrant is also removable.
On July 26, the INS published a proposed regulation setting out how it
intends to provide notice to immigrants of their obligation to keep the INS
informed of their current address. According to the supplementary
information accompanying the regulation, the proposed rule would resolve a
problem the INS has had in deporting immigrants in absentia. The Notice to
Appear placing an immigrant in removal proceedings contained information on
the immigrant's obligation to keep the INS informed of his or her most
recent address. However, if the INS did not have a current address to which
it sends the Notice to Appear, the immigrant would not receive notice of his
or her obligation to provide a current address. The INS is now proposing to
amend all of its application forms for immigrant benefits to contain the
notice of obligation to provide a current address.
It is not clear what will happen to the several million immigrants currently
in the U.S. who have already turned in an application for an immigration
benefit, but who are unaware of the requirement to keep the INS informed of
their current address. It is also unclear what the INS will do with all of
the change of address forms. The INS has been collecting change of address
forms for years, but has been unable to update its databases with the
information provided on them. A recent story in the San Diego Union Tribune
reported on an underground storage facility in Missouri in which 200,000
change-of-address cards sit in boxes, along with hundreds of thousands of
other applications and forms.
Comments on the proposed rule are due on or before August 26. The
regulation can be found at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-18896-filed.pdf
A press release from the Department of Justice in which this initiative was
announced is at: http://www.usdoj.gov/opa/pr/2002/July/02_ag_410.htm
-----------
CITIZENSHIP - President Expedites Naturalization for Immigrants in the
Military
-----------
On July 3, President Bush signed an executive order providing for expedited
naturalization for aliens and non-citizens serving in active-duty status
during the war on terrorism. The Executive Order 13269 was published in the
Federal Register on July 8. Persons honorably serving in the military
beginning September 11, 2001 (and until a subsequent Executive Order ends
the period), may naturalize with the exceptions to the naturalization
requirements provided for in Section 329 of the Immigration and Nationality
Act. That section gives the President the power to provide an exception to
the normal naturalization requirements regarding length of residence in the
U.S. and permanent resident status. (Normally, a naturalization applicant
must have been a permanent resident for five years.) The Federal Register
Notice can be found at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-17273-filed
--------
REFUGEES - Limbo About to End for Certain SE Asian Refugees
--------
The Fiscal Year 2001 Foreign Operations, Export, Financing, and Related
Programs Appropriations Act, signed into law on November 6, 2000, included
an amendment that allows up to 5,000 persons from Southeast Asia who have
been in the U.S. in a temporary status since the early 1990s to become
permanent residents. While most refugees from Southeast Asia were resettled
here with refugee status, some (most with family members already in the
U.S.) were admitted as "Public Interest Parolees." Parolees, unlike
refugees, cannot adjust to permanent residence after a year in the U.S.
These individuals have been in immigration limbo for years, waiting for a
permanent immigrant visa to become available through family sponsorship. At
the time the law passed, there were an estimated 15,000 to 20,00 potential
beneficiaries.
On July 9, the INS published a proposed rule to implement this law.
Comments are due September 9. The Federal Register notice can be found at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-17117-filed
----------------
POSITION OPENING - NILC Seeks Communications Director
----------------
The National Immigration Law Center (NILC) is seeking an experienced
Director of Communications to lead and design NILC's communications program.
NILC is one of the nation's leading legal advocacy organizations working on
behalf of low-income immigrants. The Director of Communications will design
and implement a vision that allows NILC to effectively communicate its
messages to various constituencies, namely coalition and community-based
groups, policymakers, healthcare and social service agencies, government
agencies, and the media.
RESPONSIBILITIES
* Publications and Trainings - Manage NILC's publications program,
which includes: management of production timelines and budget, supervision
of editing, oversight of production, marketing, and distribution.
* Website and Electronic Communication - Implement a coordinated
electronic communications approach that takes full advantage of emerging and
existing technologies; redesign and maintain NILC's website.
* Management - Supervise staff and consultants serving as training
coordinators, editors, writers, designers, or web masters.
QUALIFICATIONS
* Minimum five years experience, or comparable experience, working in
a non-profit's communications program
* Minimum two years experience supervising staff and demonstrated
leadership abilities
* Demonstrated writing, editing, or journalism experience. Ability to
translate technical legal and policy information into an understandable,
concise form for general readership
* Experience with websites and e-communication technologies
* Background in social justice, legal services, or immigrant advocacy
SALARY AND BENEFITS
Competitive annual full-time salary negotiable based on experience.
Benefits include health, dental, vision, life insurance.
TO APPLY
Go to www.nilc.org or send a cover letter, resume, writing sample, and three
references to: Director of Communications Search, National Immigration Law
Center, 3435 Wilshire Blvd, Suite 2850, Los Angeles, CA 90010. Fax (213)
639-3911. Applications will be accepted through August 15, 2002.
EOE/ People of diverse backgrounds encouraged to apply.
-------------------------------------------------------
FROM THE FEDERAL REGISTER
Final Rules, Proposed Rules, Notices
On June 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 final document provides guidance to programs that receive
funding from the Justice Department, which have a responsibility to ensure
meaningful access to their programs and activities by persons with limited
English proficiency. This replaces the guidance originally published in
January, 2001, and republished for public comment in January and April 2002.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-15207-filed
On July 1, the INS published an interim rule, "Allowing Eligible Schools To
Apply for Preliminary Enrollment in the Student and Exchange Visitor
Information System (SEVIS)." The interim rule "will allow eligible schools
to preliminarily enroll in SEVIS, beginning on July 1, 2002." By sometime in
mid-August, INS says it will publish an interim rule guiding certification
for schools that will be able to accept foreign students. At that time,
"the preliminary enrollment period will end and all schools will be required
to apply for certification prior to enrollment in SEVIS." Comments are due
July 31.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-16676-filed
On July 8, the Office of Refugee Resettlement published a Final Notice of
Allocations to States of FY 2002 Funds for Refugee Social Services.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-17027-filed
On July 12, the INS published a notice about an upcoming meeting to solicit
views from the public concerning the terms of a proposed safe third-country
agreement now being negotiated between the U.S. and Canada. The meeting
will be held on Thursday, August 1, 2002, from 1 p.m. to 4 p.m. at INS
headquarters in Washington. The full notice is at:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-17609-filed
INS & Other Forms
On July 2, the Department of Labor published a notice seeking public comment
on a currently used form, Labor Condition Application and Requirements for
Employers Using Nonimmigrants on H-1B Visas.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-16597-filed
On July 8, EOIR published a notice extending the public comment period on
revisions to forms EOIR 33/BIA and EOIR 33/IC, Alien's Change of Address
Form. Comments due August 7.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-16988-filed
Form G-639, Freedom of Information/Privacy Act Request. Republished July 8;
comment period extended to August 7.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-16944-filed
Form I-9, Employment Eligibility Verification. Extension of a currently
used form. Published July 23; comments due September 23.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-18488-filed
Form I-914, I-914 Supplement S, and I-914 Supplement B, Application for T
Nonimmigrant Status; Application for Immediate Family Member of T-1
Recipient; and Declaration of Law Enforcement Officer for Victim of
Trafficking in Persons. Published July 8; comments due August 7.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&doci
d=02-16943-filed
*****************************************************
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=====================================================
Maurice Belanger
Senior Policy Associate
National Immigration Forum
mbelanger@immigrationforum.org
http://www.immigrationforum.org
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