NLA Info: Immigration Policy Update

[Aliza Becker]

--
Aliza Becker
Phone: (773) 267-0746
Fax (773) 478-5091
E-mail alzbec at interaccess.com

[Cross-posted from]

From: Mbelanger at immigrationforum.org
To: <mauriceb at erols.com>
Subject: Immigration Policy Update
Date: Fri, 13 Aug 1999 18:20:01 -0400


			National Immigration Forum

Date:	August 13, 1999

To: 	Forum Associate E-mail List
	Fix '96 E-mail list

From:	Maurice Belanger

Re:	Immigration Policy Update
----------------------------------------------------

CONTENTS:
	Text of National Forum Fax of August 13
	Talking Points for Advocacy of New ESL/Civics Funding
	Sample Letter to Congress Advocating for ESL/Civics Funds
-----------------------------------------------------

Congress has left Washington for the remainder of August.  Here are some
highlights of recent developments in immigration policy.

------------------
INS REORGANIZATION - Bills Introduced in House, Senate
------------------

In a previous fax, we reported on an INS reorganization bill, the
Immigration Reorganization and Improvement Act of 1999 (H.R. 2528),
introduced by the Chairman of the House Appropriations Subcommittee on the
Departments of State, Justice, and Commerce, Harold Rogers (R-KY).  The
Forum and several other immigrant advocacy organizations expressed serious
reservations about the proposal because of its potential to worsen INS's
service problems.

Two additional bills have since been introduced.  Senate Immigration
Subcommittee Chairman Spencer Abraham (R-MI), along with Senators Edward
Kennedy (D-MA) and Chuck Hagel (R-NE) introduced S. 1563, The INS Reform and
Border Security Act of 1999.  The bill would establish an Immigration
Affairs Agency within the Department of Justice, to be directed by an
Associate Attorney General for Immigration Affairs.  Functions of the agency
would include inspections, policy and planning, the maintenance of records
and databases, human resources and training, security and maintenance of
facilities, procurement, and providing resources and support for two
bureaus, the Bureau of Immigration Services and Adjudications and the Bureau
of Immigration Enforcement and Border Affairs.  The Agency would oversee and
coordinate policy and activities of the two bureaus.

The Bureau of Immigration Services and Adjudications would be responsible
for the adjudication of nonimmigrant and immigrant visas, citizenship
applications, asylum and refugee adjudication and all other adjudications
now performed by the INS.  Within the Service Bureau, an Ombudsman would be
established, to assist individuals in resolving problems with their cases,
and to propose administrative changes to correct systemic problems.  An
appropriation would be authorized, raising the possibility that application
fees would not be the sole source of funding.

The Bureau of Immigration Enforcement and Border Affairs would be
responsible for the Border Patrol, detention, deportation, intelligence, and
investigations.  An Office of Professional Responsibility would be
established to investigate complaints from the public about the misconduct
of enforcement officers.

A hearing and markup in the Immigration Subcommittee are expected as soon as
September.  A good bill overall, it is likely to gain the support of
Subcommittee members Dianne Feinstein (D-CA) and Jon Kyl (R-AZ).

In the House, Rep. Shiela Jackson-Lee (D-TX), the ranking Democrat on the
House Immigration Subcommittee, introduced H.R. 2680, the Immigration
Restructuring and Accountability Act of 1999.  The bill would replace the
INS with the National Immigration Bureau, headed by a Director who would
report to the Attorney General.  The National Immigration Bureau would
oversee four separate offices:

* The Office of Immigration Adjudications would be divided into a Division
of Adjudications; a Division of Refugees, Asylum, Parole, and Humanitarian
Affairs; and a Division of Community Relations.
* The Office of Immigration Enforcement would be divided into Divisions of
the Border Patrol; Removal; Intelligence and Investigations; and Community
Relations.
* The Office of Pre-Hearing Services would handle detention, access to
representation, bonding, and alternatives to detention.
* The Office of Shared Services would provide operational support to all
offices.

The bill specifies that fees received by the Office of Immigration
Adjudications be used to fund the Office's functions, but the fees may be
supplemented by congressional appropriations.  The restoration of Section
245(i) is included in the bill, with fees and penalties collected going to
fund adjudications.

The House bill is a useful counterproposal to the bill introduced by Rep.
Rogers, and it will pull Democratic support away from the Rogers bill.
However, chances for the bill's passage are limited by the fact that the
agenda for the Immigration Subcommittee (through which the bill must pass)
is set by Rep. Lamar Smith (R-TX), who is an original co-sponsor of the
Rogers reorganization bill.

A more detailed description and analysis will be sent in the coming weeks.
Both the Abraham and the Jackson Lee bills meet the general principles which
advocates (including the Forum) established earlier in the year for an
acceptable reorganization of the INS.

-----------------------
CENTRAL AMERICAN PARITY - Administration Sends Bill to House
-----------------------

The Clinton Administration transmitted to Congress on August 6th the Central
American and Haitian Adjustment Act of 1999.  The intent of this bill is to
offer the same opportunity for permanent residence to Salvadorans,
Guatemalans, Hondurans, and Haitians as was offered to Nicaraguans and
Cubans in the Nicaraguan Adjustment and Central American Relief Act of 1997.
In the House, the bill, H.R. 2722, was introduced by Christopher Smith
(R-NJ) and Luis Gutierrez (D-IL).  Co-sponsors include Benjamin Gilman
(R-NY), Chair of the House's International Relations Committee.

In his transmittal letter, the President noted the "strong foreign policy
interest" in providing the covered nationals with treatment equal to that
granted Cubans and Nicaraguans by NACARA.  "By offering legal status to a
number of nationals of these countries with long-standing ties in the U.S.,
we can advance our commitment to peace and stability in the region," the
President said.

Highlights:

* Amends NACARA to include Guatemalans, Salvadorans, Hondurans, and Haitians
in section 202 of that law, providing for adjustment of status for those who
have resided continuously in the U.S. since December 1, 1995 (and who meet
certain other requirements).

* Eliminates the requirement that a dependent of a Cuban or Nicaraguan or
Haitian must also be Nicaraguan, Cuban, or Haitian.  (There is no similar
requirement for Salvadorans and Guatemalans covered by NACARA.)

* Sets an application deadline of April 1, 2003 (also pushing back the
deadline for Cubans and Nicaraguans to that date).

* Allows the Attorney General to waive certain grounds of inadmissibility
based on health and misrepresentation.

* Removes obstacles to adjustment for those with a previous order of
deportation or removal and for those who are inadmissible because of a
previous immigration violation.

* Provides for visas outside of the normal immigrant visa ceilings.

As introduced, the bill had 27 co-sponsors.  Rep. Lincoln Diaz-Balart
(R-FL), one of the co-sponsors, is quoted in the Miami Herald as saying that
prospects for the bill's passage will be better next year, when presidential
candidates vie for Hispanic votes.  (Legislation introduced in one session
of Congress can be carried over to the next session of the same Congress; it
is only when Congress changes after an election that a bill must be
reintroduced.)  Rep. Diaz-Balart has also introduced a bill (H.R. 2741),
which would provide for permanent residence for undocumented Colombians and
Peruvians after he unsuccessfully tried to have these groups included in the
Administration's bill.

***	Because prospects for the bill are uncertain, Guatemalans and
Salvadorans eligible to apply for Cancellation of Removal under Section 203
of NACARA, and Haitians eligible to apply for permanent residence under
HRIFA should continue to pursue those avenues to adjustment of status, and
not hold back to await the final outcome of this legislation.

-------
FIX '96 - Upcoming Events
-------

As reported in an earlier fax and e-mail, a press conference was held July
28th in Washington, DC, to kick off the Fix '96 Campaign.  Many more events
are being planned for the coming months.

**	Personally Affected Children

During the week of August 30th, before Congress returns to Washington,
advocates in Washington are planning to hold a press conference that will
highlight children of immigrants caught up in the various provisions of the
1996 laws.  We encourage you to consider holding similar events in your
local area, using local children who have been personally affected by the
laws' harsh provisions.  Children with personal stories are likely to
attract the attention of reporters, and therefore be the subject of many
sympathetic press stories.

**	Fix '96 Rally in Washington

The week of September 13th will be Fix '96 lobby week.  Here in Washington,
on Friday September 17th (also Citizenship Day), immigrants and advocates
will be gathering in Washington for a rally at the Capitol.  The New York
Immigration Coalition is expected to bring as many as 500 people to the
rally.  Other advocates are planning to come to Washington on that day as
well.  Just prior to the rally, there will be a press conference that will
feature community leaders, affected individuals, and members of Congress who
are in town and wish to participate.  Some advocates will also visit the
offices of their congressional representatives after the rally.

Some groups outside of Washington are planning events related to the Fix '96
Campaign for the same day.  More about those events in a future fax.

If you are able, please consider sending a contingent of advocates and
affected immigrants to the September 17th event in Washington, and bring the
stories of those who have been harmed by the 1996 laws directly to your
congressional representatives.

**	Activities Around the Country

* Korean American community groups held press conferences on August 5th in
Los Angeles, New York, Chicago, and Seattle, to launch their participation
in the Fix '96 Campaign.  Korean American groups are working on an Immigrant
Families Mural Project, with photos and drawings of immigrant families hurt
by the anti-immigrant 1996 laws.

* On August 7th, a coalition of organizations staged a march in San Diego
protesting against the harsh immigration laws and attacks on immigrants.

* On Friday, August 13th, the American Friends Service Committee, the
Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), Citizens &
Immigrants for Equal Justice, and other organizations held a rally against
the 1996 anti-immigration reforms at the Federal Building in Downtown Los
Angeles.

If you are planning (or have already conducted) activities related to the
Fix '96 Campaign, contact Maurice Belanger at the Forum by e-mail at
mbelanger at immigrationforum.org.

--------------------------
TEMPORARY PROTECTED STATUS - Extensions, Terminations, and Other News
--------------------------

**	TPS Terminated for Liberians

On July 30th, the INS published a notice in the Federal Register terminating
Temporary Protected Status (TPS) for Liberians in the U.S.  Liberians have
been protected from deportation since TPS was first designated in 1991.
They will lose that status when the current designation expires on September
28, 1999.  Liberians protected by TPS will revert to the status they were in
prior to TPS designation.  If undocumented, they will begin to accrue time
in unlawful presence, which may lead to a bar to reentering the U.S.
Persons who believe it may be particularly unsafe for them to return to
Liberia may apply for other forms of relief, such as political asylum.  Two
bills have been introduced in Congress to adjust the status of Liberians in
the U.S., S. 656, introduced by Sen. Jack Reed (D-RI), and H.R. 919,
introduced by Rep. Patrick Kennedy (D-RI).

In a meeting with advocates on July 30th, representatives of the INS said
there were no plans to target Liberians for deportation, but neither will
they be protected from deportation should the INS come across Liberian
individuals in an enforcement action.  The INS estimates there are
approximately 10,000 Liberians in the U.S. who have been granted TPS.

**	TPS Designation for Bosnia-Herzogovina Extended for One Year

On August 11, 1999, the INS published a notice in the Federal Register
extending TPS for nationals of Bosnia-Herzogovina until August 10, 2000.
These nationals were first granted TPS in 1992, and the re-designation
applies only to persons here prior to the initial designation.  The INS
estimates there are 400 Bosnian-Herzogovinans in the U.S. eligible to
re-register for TPS.

**	Application Period for Honduras/Nicaraguan TPS Ends August 20

On August 6th, the INS published a notice about a previously-announced
extension of the application period for Honduran and Nicaraguan TPS.  The
application period ends August 20th.  TPS for nationals of Honduras and
Nicaragua has been granted through July 4, 2000.

Service providers in different areas of the country have reported that few
Hondurans and Nicaraguans who applied in January and February have received
their work authorizations.  The issue was raised in a meeting between
advocates and representatives of the INS at the end of last month.  As of
July 26th, 14,550 work authorizations had been issued out of 92,000
applications (15.8%).  The slow processing of applications for a program
that lasts 18 months in total has raised questions among service providers
as to whether their clients should bother applying.  The INS is aware of the
problem, and will be making changes to the way applications for TPS are
handled.  A decision on processing changes should be reached in the coming
days.

----------
OTHER NEWS
----------

**	INS Announces Fiscal Year 1998 Immigration Numbers

According to the INS, 660,477 persons became permanent residents in Fiscal
Year 1998, ending September 30, 1998.  This number includes 284,270
immediate relatives; 191,480 family preference immigrants; 77,517 employment
preference immigrants; 54,709 refugee and asylee adjustments; and 45,499
diversity immigrants.  The total number is lower than it would have been if
the INS had been able to keep pace with applications.  The backlog in
permanent resident applications has grown in recent years and stood at
811,000 by the end of Fiscal Year 1998.  The INS report is just a summary of
1998 numbers.  The agency's last detailed Statistical Yearbook was for
Fiscal Year 1996.  The Fiscal Year 1997 yearbook is reportedly due out in
September.

A press release announcing the Fiscal Year 1997 numbers can be found on the
new improved INS Website at
http://www.ins.usdoj.gov/graphics/publicaffairs/newsrels/Legal.htm


**	ESL/Civics Funds Face Uphill Battle

The President's original budget included $70 million for English language
and civics and history instruction for immigrants.  If approved, it is
expected that approximately 150,000 people would benefit from the increased
capacity.  Of the $70 million, approximately $40 million would be awarded to
states; $30 million would be awarded in competitive grants to states,
community-based organizations, local education agencies, public libraries,
institutions of higher learning, Native American tribally controlled
schools, and other non-profit organizations.

The funding would be included in the Labor, Health and Human Services, and
Education appropriation bill.  Prospects for funding this new program are
not stellar, as competition for funds from this bill is intense.  Background
information, talking points, and a sample letter to Congress urging support
for this program (prepared by the National Council of La Raza) are included
below.


================================================================
The following backgrounder and talking points on the President's
English Language and Civics Education Initiative, and the sample
letter to Congress about this initiative were prepared by the
National Council of La Raza
----------------------------------------------------------------

English Language and Civics Education Initiative:
Common Ground Partnerships

The President's FY 2000 budget includes $70 million for the English Language
and Civics Education Initiative: Common Ground Partnerships.  This
initiative will help states and communities provide limited English
proficient adults with expanded access to high quality English as a Second
Language (ESL)programs which are linked to civics and life skills
instruction such as understanding and navigating through our government
system,  education system, workplace, and other key institutions in American
life.

Background

* Immigrant communities demonstrate high levels of enthusiasm for learning
English and participating in the democratic process.  In fact, enrollment in
ESL has increased 105% over the past 10 years (in 1997, the ESL enrollment
was 1.85 million.)

* However, immigrant enthusiasm for participation is not matched by federal
investment in programs that assist with the process of integrating into
American life.  Currently, there is no federal commitment, outside of the
Adult Education Act, to ensure that all who desire to learn English have
access to appropriate programs.

* Demand for English language instruction far outweighs supply, waiting
lists for classes typically range from several months to years, and
community based groups providing English language classes must piecemeal
programs together with volunteer labor and facilities. For example, Los
Angeles has a waiting list of 50,000 for ESL classes.

* Investing in English and civics instruction for our nation's new Americans
would go a long way toward meeting the extraordinary demand in immigrant
communities as well as demonstrating to both immigrants and the larger
American society of your resolve toward full integration of America's
newcomers.

*  English proficiency is key to economic mobility in the United States.
The initiative would provide services in several key areas to help
immigrants acquire the skills that they need to find productive employment.
Commitment to this effort will send a clear message to millions of
immigrants and their families, who constitute a significant portion of our
nation's taxpayers, workers, citizens and voters, that we are committed to
investing in the education and full integration of immigrants into American
life.

The ESL/Civics Program: Common Ground Partnerships

* Under the proposed English Language Acquisition initiative as proposed by
the Administrations budget, $70 million in National Leadership funds would
be available for English Language Proficiency (ELP) instruction along with
civics, history, and essential life skills. The $70 million in competitive
grants would be administered by the Department of Education's existing Adult
Education and Leadership Activities program.

* Funds for "Common Ground Partnerships" would allow States and/or
localities that are significantly affected by immigration to implement
programs that address four critical areas in helping immigrants adapt to
their new lives in the US:

* Acquisition of English Literacy skills
* Knowledge about the rights and responsibilities of citizenship
* Understanding of participation in American culture
* Life skills that are necessary to function effectively in daily life
(utilizing the banking, education, workplace systems)

* The Department of Education would award cooperative agreements to States
and local communities with significant need for adult ESL.

* State grants: Currently these states include New York, California, Texas,
Arizona, Florida, Michigan, Illinois, Hawaii, New Jersey, Georgia, Oregon
and Pennsylvania. The State grants would be for approximately $3.5 million
each.

* Local competitive grants would be awarded to 20 - 30 localities that are
home to high concentrations of immigrants, such as cities that are not
located in high-density states.  The grants would be for approximately $1.5
million

* Further, communities would be encouraged to develop English language and
civics education projects tailored to their specific needs and populations.
The funds would be distributed via competitive grants to states, community
based organizations, local education agencies, tribally controlled schools,
institutions of higher education, public libraries and other non-profit
organizations.

* If approved, the initiative would provide English Language and civics
instruction to approximately 150,000 people in FY 2000

-------------
SAMPLE LETTER
-------------

Dear Member of Congress:

As you consider funding priorities for the U.S. Departments of Labor, Health
and Human Services, and Education, I request your strong support for $70
million in National Leadership Funds to implement the English Language
Acquisition Initiative to be administered by the Department of Education's
Adult Education and Leadership Activities.

Immigrant communities demonstrate high levels of enthusiasm for learning
English and participating in the democratic process.  In fact, enrollment in
English Language Proficiency (ELP) classes has increased 72% over the past
10 years.  However, immigrant enthusiasm for participation is not matched by
federal investment in programs that assist with the process of integrating
into American life.  Currently, there is no federal commitment, outside of
the Adult Education Act, to ensure that all who desire to learn English have
access to appropriate programs.  Demand for English language instruction far
outweighs supply, waiting lists for classes typically range from several
months to years, and ethnic community based groups providing the front lines
of English language classes must assemble programs by piecing together
volunteer labor and facilities.

Under the proposed English Language Acquisition initiative, $70 million in
funds would be available for English Language Proficiency (ELP) instruction
along with civics, history, and essential life skills such as how to
navigate in the banking system, the public education system, and the
workplace.  Further, communities would be encouraged to develop English
language and civics education projects tailored to their specific needs and
populations.  The funds would be distributed via competitive grants to
states, community based organizations, local educational agents, tribally
controlled schools, institutions of higher education, public libraries and
other non-profit organizations.

Investing in English and civics instruction for our nation's new Americans
would go a long way toward meeting the extraordinary demand in immigrant
communities as well as demonstrating to both immigrants and the larger
American society of your resolve toward full integration of America's
newcomers.  English proficiency is key to economic mobility in the United
States and your commitment to this effort will send a clear message to
millions of
Hispanics, who constitute a significant portion of our nation's taxpayers,
workers, citizens and  voters, that you are committed to investing in the
education and full integration of immigrants into American life.

I recognize that this appropriations cycle will be challenging.  However,
while we believe in the virtue of fiscal discipline and the need to curb
unnecessary government spending, we strongly believe this initiative
deserves the attention of appropriators.
I appreciate your time and consideration.

Sincerely,







==============================
Maurice Belanger
Senior Policy Associate
National Immigration Forum

E-Mail:  mbelanger at immigrationforum.org

Web: http://www.immigrationforum.org



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