Legislative Update, Volume 4, No. 6, May 18, 2000

The House and Senate are set to recess for Memorial Day on May 27 and return on June 5. Both the House and Senate Members indicate that H-1Bs top their agenda and that both bodies most likely will take up this issue shortly after they return. Pro-immigration proponents also are urging Congress to address other important immigration issues such as NACARA equity, updating the registry date, and restoring Section 245(i). What does that mean for AILA advocates? Now is the time to step up your advocacy efforts. You are more likely to be able to meet in your district/state with a Member of Congress (rather than a staffer) during recess; they in turn are more likely to give you more time to present your views. Call the district offices of your Senators and Representatives and make appointments for the Memorial Day recess. You can find message points and issue papers on the Advocacy Center on InfoNet, or call the Advocacy Staff at 202-216-2400 with your questions or concerns.

Judiciary Committee Approves Smith/Jackson-Lee H-1B Bill;
Education and Workforce Committee Okays Revisions to H-1B Fee Programs

Recent events in the House Judiciary Committee have more than demonstrated AILA’s contention that H.R. 3983 (the Dreier-Lofgren bill) is the only H-1B measure that can pass the House. Only after three tries during three scheduled days of votes did the House Judiciary Committee succeed in having a final vote on H.R. 4227, the H-1B bill sponsored by Representative Lamar Smith (R-TX). On an 18-11, largely party-line final vote, the Committee on May 12 approved a substitute version of H.R. 4227, sponsored by Chairman Smith and Representative Sheila Jackson-Lee (D-TX). All Republican members voted to approve the bill, and all but two Democrats, Representatives Jackson-Lee (D-TX) and Rick Boucher (D-VA), opposed H.R. 4227.

AILA and the business community continue to support H.R. 3983 as the only bi-partisan bill that meets the needs of industry, and view the substitute as not addressing the worst provisions in H.R. 4227. In fact, the substitute makes only the following minor changes:

During the initial May 10 hearing, Democrats (Representatives Lofgren (D-CA), Conyers (D-MI), Frank (D-MA), Berman (D-CA), and Nadler (D-NY)) tried unsuccessfully to link NACARA parity and a change in the registry date to the H-1B measure (See H-1B Plus article below). The Committee also approved two minor amendments to H.R. 4227. One, sponsored by Chairman Hyde, would eliminate teachers from the minimum salary levels for H-1B recipient. The other, offered by Representative Jackson-Lee, offers a partial fee waiver for schools that sponsor H-1B applications.

In contrast to those lengthy and confusing proceedings, the House Education and Workforce Committee approved by voice vote, with bi-partisan support, a new bill, H.R. 4420, introduced by Chairman William Goodling (R-PA), which would reallocate the funds received from H-1B filings to various education and training programs. Specifically, H.R. 4420 would ensure that any programs funded by these fees are directly used to provide education and training in H-1B qualifying occupations. The bill also would forgive loans to math, science and technical education teachers. Proponents of this measure argue that programs previously funded did not address the skilled worker shortages that are fueling the demand for additional H-1B visas. Republican Members are hopeful that this measure will be attached to the final H-1B bill that goes to the floor for a vote.

White House Endorses H-1B Plus Strategy; Press Conference Publicly Rolls Out Effort

The White House, in a May 11 letter to Congress, has weighed in on the battle over H-1B legislation by coming out in support of the “H-1B Plus” strategy. As outlined in the last issue of Advocacy Update, this strategy promotes the passage of NACARA equity of relief and a registry date change either on an H-1B bill, if possible, or on other legislation that moves during this Congress.

In his letter to Chairman Hyde and other congressional leaders, Gene Sperling, Director of the National Economic Council and Assistant to the President for Economic Policy, wrote: “as we consider allowing more foreign temporary workers into this country to meet the needs of our high tech industry, it is critical that we take this opportunity to correct two long-standing injustices currently affecting many immigrants already in our country. The Nicaraguan Adjustment and Central American Relief Act (NACARA) should be amended to provide equitable treatment for other Central American immigrants, and the Date of Registry should be changed to offer long-term immigrants with longstanding ties to this country the opportunity to apply for legal resident status.”

Republican leaders in the House said the proposal could complicate efforts to raise the H-1B cap by raising a partisan issue on what has become bi-partisan legislation. Chairman Smith denounced the move, saying that the Administration had “turned its back on American workers and pandered to illegal aliens.”

Less than a week later, on May 16, the H-1B plus strategy had its formal public debut at a Capitol Hill press conference organized by Jack Kemp, former Republican vice presidential nominee and co-director of Empower America, and Henry Cisneros, the President of Univision and former Secretary of the U.S. Department of Housing and Urban Development. AILA supports the H-1B plus strategy, and joined with other organizations on a letter sent to Congress endorsing legislation to address NACARA equity of relief, restoration of 245(i), changing the Registry Date, and providing additional visas for family members of workers, in addition to increasing the number of H-1B visas this year. (To view the letter, please go to the Advocacy Center on InfoNet.)

The House on May 18 passed an amendment to the Defense Authorization bill that would allow the Defense Department to assign military patrols to the INS and Customs Service to monitor the U.S. borders. The amendment was sponsored by Representative James Traficant (D-OH) and passed by a 243-183 vote. Under this provision, the Attorney General could request the assistance to prevent terrorists, drug traffickers, and undocumented people from entering the U.S. The Treasury Secretary could request assistance for inspecting cargo, vehicles, and aircraft. The House then passed the Defense Authorization bill by a 353-63 vote. In the past three years, Senate opposition has prevented this measure from becoming law.

AILA opposes the militarization of the border as an ineffective response to enforcement concerns, a violation of our history and traditions, and a practice that this country has criticized when implemented by other countries.

Following months of negotiations with AILA, industry representatives from the American for Better Borders coalition, the Administration and Members of Congress, Representative Lamar Smith (R-TX) and Senator Spencer Abraham (R-MI), today jointly announced an agreement to amend Section 110 of the Illegal Immigration and Immigrant Responsibility Act of 1996 (IIRAIRA). The agreement would amend Section 110 to no longer require an automated entry-exit system at all ports of entry to the United States, but instead would order the INS to create an integrated database of all entry and exit data that is currently collected. Smith and Abraham have introduced the agreed-upon legislation, called the “Immigration and Naturalization Service Data Management Improvement Act” concurrently in the House and Senate. The House likely will vote on the bill on Monday or Tuesday of next week. Senator Abraham intends to attach the Senate version to his Visa Waiver Bill, which is also expected to quickly pass. The combined version will then be voted on again by the House.

The bills expressly would prohibit INS from using the legislation to introduce new entry or exit documentary requirements on any visitors to the country. It would instead phase in implementation of the new searchable database system at land borders, seaports, and airports. The bills would also created a new task force of government agencies and private sector interests to evaluate the need and costs of any additional measures.

All parties hailed the agreement as a victory. Senator Abraham stated, “The agreement strikes the right balance in enhancing our security and immigration enforcement needs while ensuring that we preserve the jobs and other economic benefits….” Representative Smith also praised the agreement. AILA was pleased to be part of this process and looks forward to working with the task force created by this legislation to craft good, reasonable border policy.

The House Judiciary Committee is set to mark-up H.R. 3918, the Rodgers/Smith/Reyes INS reorganization bill, after the Memorial Day recess. The issue has taken a back seat to the H-1B debate, which helps explain the cancellation of an earlier mark-up of this measure. Now that the Judiciary Committee has passed an H-1B bill, INS reorganization will be put back on the Committee calendar after the Memorial Day recess. AILA opposes H.R. 3918, which is identical to the earlier H.R. 2528. The bill meets none of AILA’s INS reform principles: a single person in charge with clout who sets and supervises national immigration policy; the separation, but coordination, of enforcement and adjudications functions; and adequate funding for adjudications that includes direct appropriated funds to supplement user fees.

May has been recognized as Asian-American Heritage month. As part of the increasing awareness of the contributions of Asian Americans to the United States, Congress has been considering efforts to expedite the naturalization process for certain Asian veterans to facilitate their becoming U.S. citizens.

H.R. 371 was approved by a voice vote in early May. The bill would waive the English proficiency requirement and ease the civics test requirement for Lao Hmong veterans who served with the U.S. Special Forces in a secret army during the Vietnam War.

The Senate Judiciary Committee is poised to address the issue. Some lawmakers disagree over who should determine which Hmongs would be eligible for citizenship under the bill. As written, H.R. 371 would require the federal government to consult with the group Lao Veterans of America to determine which Lao Hmong served with the U.S. Special Forces. Supporters say this organization has kept better records on the Lao Hmong than the government has. However, Senator Rod Grams (R-MN) wants to amend the bill to allow only the Pentagon and the CIA to make that determination. He and Judiciary Committee Chairman Orrin Hatch, R-Utah, have been working with Senators Russ Feingold (D-WI) and Paul Wellstone (D-MN) to craft a compromise. Both sides were hopeful that the bill shortly would be ready to move forward on Thursday.

The INS extended for 12 months temporary protected status for nationals of Honduras and Nicaragua. The extension, which lasts until July 5, 2001, covers an estimated 100,000 people who already have applied for TPS. Current TPS registrants who want an extension must re-register by filing both a TPS application and an application for employment authorization. The TPS extension applies only to Nicaraguans or Hondurans who entered the U.S. after December 30, 1998, and have been continuously present as of January 5, 1999, and who have continually resided in this country since December 30, 1998. Some people who previously did not apply for TPS may now do so. In order to qualify, applicants must meet the basic criteria outlined above, and demonstrate that they:

Members & Staff in the News. An op-ed about INS reorganization written by Greg Boos was published in the May 15 Bellingham Herald. Malea Kiblan was quoted by The Associated Press in a May 15 article about an Algerian seeking political asylum. In a May 13 article about INS raids, The Miami Herald quoted Tammy Fox-Isicoff. Neil Dornbaum was quoted by The Newark Star-Ledger in a May 12 article about H-1B visas. Ben Casper and Karen Ellingson were interviewed May 10 on KNOW-FM (Minnesota Public Radio) discussing recent cases involving Cuban immigrants. An op-ed about the economic benefits of immigration written by Gerry Chapman was published in the May 7 Greensboro News & Record. An op-ed about Haitian children written by Steve Forester was published in the May 5 issue of The Miami Herald. Hiroshi Motomura was quoted in a May 4 article about asylum in The Los Angeles Times. Ronald Kaplovitz was quoted by The Detroit Free Press in a May 2 article about a teenager from Cameroon who was kept in virtually slavery. Harry Gee was mentioned in a May 2 article in The Atlanta Journal-Constitution about marathoner Khalid Khannouchi’s attempts to gain U.S. citizenship. The Minneapolis Star-Tribune quoted Michael Davis in a May 1 report about a BIA decision allowing a businesswoman to remain in the U.S. Robert Banta was quoted by The Atlanta Journal-Constitution in an April 26 column about H-1B visas. Judy Golub was quoted in an April 23 article about IIRAIRA that ran in the April 23 Providence Sunday Journal. Rodney Barker was interviewed about the Elian Gonzalez case by Boston’s Channel 7 News (Boston) and by New England Cable News (those interviews aired on April 22 and April 20, respectively). Horishi Motomura was quoted by NPR in an April 23 piece about Elian Gonzalez. An op-ed article about IIRAIRA written by Joel Pfeffer ran in the March 23 issue of The Jewish Chronicle. Steve Yale-Loehr was quoted by ABC radio, ABCNews.com and The New York Post about the Elian Gonzalez case. Dale Schwartz was interviewed about the Elian Gonzalez case by The Wall Street Journal, New York Post, Atlanta Journal-Constitution and CNN.com. Tammy Fox-Isicoff covered the Elian Gonzalez appeal for NBC, MSNBC and CNBC; she also appeared on “The Today Show” about the same topic, and was quoted in The Miami Herald and USA Today.

AILA. A May 8 article in The Arizona Daily Star reported on a poetry contest sponsored by the local AILA chapter. A fifth grader won for her poem, “Why I’m Glad America Is a Nation of Immigrants.”

Asylum. The Bergen County Record reported May 3 on a lawsuit alleging inhumane conditions filed by 26 immigrants detained in a local New Jersey jail.

Editorials. The Arizona Daily Star ran an editorial on May 8 calling the secret evidence provisions of the Anti-Terrorism and Effective Death Penalty Act a violation of American legal principles.

Elian Gonzalez and immigration. An op-ed in the May 15 USA Today noted that decision could undermine the rights of all parents. The Modesto Bee ran a May 13 article noting that the Elian Gonzalez case is a reminder of how Cubans are treated differently from others with regard to immigration benefits. Numerous publications (including The New York Times, Washington Post and Atlanta Journal-Constitution) ran articles May 12 reporting on the oral arguments in the Gonzalez case before the Eleventh Circuit. A May 11 column in The Seattle Times reported that immigrant families are no strangers to INS raids such as the one conducted against Elian Gonzalez. A May 10 column published by Excitenews.com contrasted the case of the Cuban youth with that of immigrants from Mexico. The Miami Herald ran a May 8 article about how not all juvenile immigrants get the same attention and treatment as Elian Gonzalez. In a May 7 article, The Los Angeles Times noted that the INS has never before faced a case where a Cuban parent wanted a child back. The New York Times published an April 29 column noting that the INS raid was legal. An April 28 article in The Washington Times reported on an Eleventh Circuit decision denying a motion by the youth’s Miami relatives that they be allowed visitation rights, and asking for a third-party guardian.

Enforcement. A May 8 article in The Arizona Republic reported on ranchers’ practices of detaining immigrants, and the problems that is causing with the INS. A May 7 article in The San Diego Union-Tribune reported that INS agents say the Office of Internal Audit persecutes agency whistle-blowers. The Sacramento Bee ran a May 2 article about deportation proceedings against a toddler who was used in an illegal entry scheme. A May 2 article in The Arizona Daily Star reported on a General Accounting Office audit finding that the INS does not have data on its efforts to deter and disrupt alien smuggling. An April 13 article in The Austin American-Statesman noted that the INS has been criticized for conducting raids during the census.

Essential Workers. The Minnesota Star-Tribune ran a May 15 article about business efforts to attract and retain essential workers. The same paper also ran a May 12 article about worker shortages and the effect on wages.

H-1B Visas. A May 15 article in The Washington Post described efforts by Senate leaders to have the high-tech industry respond to ads being run by the Federation for American Immigration Reform in Michigan. The Christian Science Monitor ran a May 15 article about efforts to raise the H-1B cap. An article in the May 15 issue of Wired News noted the links between the Institute of Electronics and Electrical Engineers and various anti-immigrant groups. A number of publications (including The Associated Press, The Washington Post and The New York Times) ran articles on May 12 and 13 about the Clinton Administration’s proposal on H-1B visas. A May 10 dispatch from The Associated Press reported on the Judiciary Committee mark up of H.R. 4227 (see full article in this issue).

IIRAIRA. A May 16 article in The Arizona Daily Star reported on the effect IIRAIRA is having on Native Americans living along the U.S.-Mexican border. Newsday ran a May 11 article about INS deportation proceedings against a Thai toddler used in an immigrant smuggling plot. In a May 10 article, The Houston Chronicle reported on undocumented teenagers who are being denied scholarships because their parents are subject to the 10-year bars. The Chicago Tribune reported on May 10 about an INS decision to drop deportation proceedings against a family because a woman left the country to be with her dying mother. The Los Angeles Times published a May 8 article about how IIRAIRA is threatening a Native American tribe that lives on the U.S.-Mexican border. The Washington Post reported May 5 about how a couple is being separated on their first wedding anniversary due to INS deportation proceedings stemming from the 10-year bars. A May 2 article in The Christian Science Monitor noted that the overly harsh 1996 law is generating second thoughts by Members of Congress. The Los Angeles Times ran an April 28 article about how IIRAIRA was pushing the legal system in Southwestern states to the breaking point.

Immigration. The Associated Press reported May 11 on efforts by Iowa to attract immigrants. An article in the May 8 issue of The Washington Post focused on child custody cases and immigration law. In a May 2 dispatch, The Associated Press reported that an internationally known marathoner became a U.S. citizen (a similar article ran in the May 3 issue of The Chicago Tribune). The Washington Post reported April 30 about three Vietnamese immigrants. An article in the April 29 Las Vegas Tribune-Review focused on how immigration has shaped the U.S. The April 28 issue of The Boston Herald contained an article by a leading businessman about how immigrants are changing the face of Massachusetts’ workforce.

NACARA. An article in the May 14 Sun-Sentinel reported on the treatment of Haitian orphans in Florida.

Politics. A May 16 article in The New York Times noted the creation of a coalition seeking a pro-immigration legislative agenda. The Associated Press reported May 12 that former California Governor Pete Wilson is keeping a low profile because of his links to Proposition 187. The Washington Post published a May 3 op-ed noting that political candidates were ignoring immigration as an issue.

Reform Proposals. A May 15 article in The Sacramento Bee focused on legislative proposals to help naturalize workers. Congressional Quarterly ran a May 12 article about the National Restaurant Association support for NARACA equity of relief and changing the registry date. The Los Angeles Daily News reported on May 11 about efforts by labor organizations to change the registry date. The Orange County Register ran a May 4 article about a California Assembly committee vote endorsing amnesty. In an article published on May 3, Fox News noted the efforts by the AFL-CIO to obtain legalization for immigrants. The Bergen County Record ran a May 2 article about a call for amnesty from religious, community and labor leaders. An April 28 article in The Los Angeles Times reported on proposals that would allow certain immigrants to adjust their status.

Restrictionists. The New York Times ran a May 15 article about the Federation for American Immigration Reform’s advertising campaign. An op-ed in the May 5 issue of The Washington Post suggested that the United States be “choosier about who we let in.”

Section 110. Canadian Press published a May 11 article about U.S.-Canada efforts at border enforcement.

Did You Know?

The Department of Labor recently announced that the U.S. unemployment rate currently is 3.9%, the lowest rate in three decades. Data also show that there are not enough people of working age: until 2008, the workforce will grow by only 1% annually. After 2011, when the Baby Boomers retire, the workforce actually will shrink. With unemployment at a record low and a dearth of workers due to demographic changes, America needs immigrants now more than ever!