ADVOCACY UPDATE
Vol. 4, No. 4, March 29,
2000
LOBBY DAY EDITION!
Lobby Day
Scores of lobbists are descending on Capitol
Hill for AILA’s March 30 Lobby Day. Among the issues members
are highlighting in their meetings with lawmakers are reforming
the overly harsh provisions of the 1996 immigration laws, raising
the H-1B cap, reinstating Section 245(i), reorganizing the INS,
and emphasizing the economic importance of immigrants. These
lobbists are being joined in our March 30 advocacy efforts by
Mary Anne Gehris, the Georgia native whose unjust deportation was
the subject of numerous news stories (including pieces on CNN,
NBC’s “Dateline,” and an upcoming PBS
documentary). Deportation proceedings against her for pulling a
woman’s hair 12 years ago were dropped after the State of
Georgia granted Mary Anne Gehris a full pardon. But, as she will
tell lawmakers and members of the media, thousands of others in
the same situation may not be so lucky.
If you are not joining the Lobbists in
Washington for this year’s Lobby Day, don’t despair.
There’s still plenty of opportunities for you to get
involved. First, you can call your Senators and
Representatives starting on March 30 and tell them to support
AILA’s position on our priority issues. (Advocacy materials
are available in the Advocacy Center on InfoNet.) The Capitol
switchboard is (202) 224-3121. The calls are especially important
on H-1Bs, because the Senate tentatively is scheduled to vote the
week of April 10 on S. 2045 (the H-1B bill sponsored by Orrin
Hatch (R-UT) and Spencer Abraham (R-MI) which AILA strongly
supports). Second, and more importantly, you can meet with
your Senators and Representatives in their states and districts
during the upcoming Congressional recess. Senators are scheduled
to be on recess from April 15-25; Representatives from April
17-28. We expect rapid movement on a number of fronts once
Congress reconvenes. The time to act is NOW!!!
AILA Issues (For more information,
contact the National Office for Toolboxes on these issues. Also,
check out Advo Center on InfoNet.)
IIRAIRA: IIRAIRA violates key
American principles of law, justice, fairness and family values.
It denies people their day in court, changes the rules in the
middle of the game, denies people the opportunity at redemption,
and tears families apart.
Summary of H.R. 1485: Sponsored by
Representatives Barney Frank (D-MA) and Martin Frost (D-TX).
Allows immigration judges to once again review and rescind
deportation orders for certain people convicted of non-serious
offenses.
Summary of H.R. 3272: Sponsored by
Representative Bob Filner (D-FL). Repeals overly broad
definitions of an “aggravated felony” and “term of
imprisonment.” Repeals so-called “time stopping”
provisions in IIRAIRA. Restores judicial discretion
in deportation cases involving minor offenses. Returns detention
policies to those that existed before IIRAIRA. Reinstates
judicial review of deportation orders.
Analysis: Support H.R. 1485 and H.R.
3272, which will help restore basic American principles to our
immigration system.
H-1B: The H-1B cap is a cap on
America’s economic growth. There is a shortage of
professional workers, which economists predict could last 20
years. Federal Reserve Chairman Alan Greenspan repeatedly has
said this severe worker shortage poses a threat to our continued
economic growth, and that increased immigration is one solution
to this problem. In fact, the Federal Reserve Chairman has told
the Senate that he endorses raising the H-1B cap.
Summary of S. 2045: Sponsored by Senators Orrin Hatch (R-UT)
and Spencer Abraham (R-MI) among others. Temporarily raises the
cap to 195,000 (for FYs 2000, 2001 and 2002). Exempts
professionals at higher education institutions, nonprofit or
government research organizations, and people with newly acquired
master’s degrees from U.S. colleges. Eases per-country
limits (currently, no more than 7% of employment-based visas can
go to nationals of any one country. The bill would allow
“over-subscribed” countries to use any available
worldwide visa). Increases portability of H-1B visas. Revokes
visas issued fraudulently or by misrepresentation, and restores
them to the “pot.” Requires a national study on the
so-called “digital divide.” Provides substantial
funding for education and training programs for American workers.
Summary of H.R. 3983: Sponsored by
Representatives David Dreier (R-CA) and Zoe Lofgren (D-CA) among
others. Increases the limit on H-1B visas to 200,000 for FY2001,
2002 and 2003. Sets aside 10,000 visas for employees of higher
educational institutions, and government and non-profit research
institutions, and 60,000 visas for individuals who hold masters
or higher degrees (or their equivalent). Eases per-country
limits. Recaptures permanent visas lost to bureaucratic
mismanagement. Allows companies to recruit over the Internet.
Increases scholarships for teachers, and funds for worker
training and education. Raises the fee from $500 to $1,000.
Summary of H.R. 3814: Sponsored by
Representative Lamar Smith (R-TX). Raises cap to just 145,000,
but only after Department of Labor issues final H-1B regulations.
Limits the use of H-1B visas to firms with gross assets of
$5,000,000 or more. Unduly restricts the program in many ways,
including by eliminating the ability of foreign professional
workers to show that they have the equivalent of a
bachelor’s degree or above through a combination of work and
experience.
Analysis: Support S. 2045 and H.R.
3983 to help keep our economy growing. There is a shortage of
professional workers. Chairman Greenspan has said this
professional worker shortage poses a threat to our continued
economic boom, and that one solution is to increase the cap on
H-1B workers. S. 2045 and H.R. 3983, among other provisions, do
just that, and are short-term solutions to the nation’s
shortage of skilled professional workers.
In contrast, H.R. 3814 will stifle our
economic growth and merits strong opposition. Not only does it
not really raise the cap, but H.R. 3814 also imposes new burdens
and would bar most small- and mid-sized businesses from using
temporary foreign professional workers brought in on what would
become an overly restrictive H-1B visa. H.R. 3814 could cut short
the largest economic boom in U.S. history. Oppose moves to
short-circuit our economy. Oppose H.R. 3814.
INS Reorganization: The Lobbists
support separating, but coordinating enforcement and
adjudications. True INS reorganization also must include a single
person in charge with the clout and authority to set national
immigration policy, true coordination between enforcement and
adjudications, and adequate funding to both functions.
Summary of S. 1563: Sponsored by
Senators Spencer Abraham (R-MI) and Edward Kennedy (D-MA). S.
1563 meets all three of AILA’s criteria for true INS reform.
S. 1563 provides both a single person in charge with clout to run
national immigration policy and the staff needed to do the job.
S. 1563 also provides for permanent coordination between
enforcement and adjudications, adequate funding for
adjudications, and a firewall between adjudications and
enforcement monies.
Summary of H.R. 2680: Sponsored by
Representative Sheila Jackson-Lee (D-TX). H.R. 2680 also meets
all three of AILA’s criteria for true INS reform. H.R. 2680
provides for a single person in charge with clout to run national
immigration policy. S. 1563 also provides for permanent
coordination between enforcement and adjudications, adequate
funding for adjudications, and a firewall between adjudications
and enforcement monies. This bill also includes the restoration
of Section 245(i), the funds from which would help support
adjudications and backlog reduction.
Summary of H.R. 3918: HR 3918 fails
on all accounts. It does not provide for a single person in
charge with the clout to set national immigration policy. It does
not provide for coordination between enforcement and
adjudications, and effectively guts the Office of Shared
Services. Finally, it does not provide adequate funding for
adjudications, or a firewall between adjudications and other INS
functions, thereby continuing the current practice of the agency
diverting funds from adjudications (i.e.; naturalization, family
unity and other programs) to fund unrelated activities.
Analysis: H.R. 2680 and S. 1563 meet
all three of AILA’s criteria. H.R. 3918 meets none of them.
H.R. 3918 is a false reform measure that would make an already
bad situation worse. AILA opposes H.R. 3918, and supports both
H.R. 2680 and S. 1563.
Section 245(i): Restoring Section
245(i) is pro-family, pro-business, fiscally prudent, and makes
sense. Section would allow families to stay together and
businesses to retain valued employees, would create new revenues
for the INS at no cost to taxpayers, and would give no special
rights or status to immigrants. AILA supports HR 1841, which
would restore Section 245(i).
Immigrants and the economy: All the
experts agree: immigration benefits the economy, and helps
sustain our economic boom. The simple fact is that the U.S. has a
severe and widespread worker shortage affecting all sectors of
our economy. Leading economists have testified before Congress
that this shortage will continue for 20 years. The Bureau of
Labor Statistics predicts a 10-million worker shortage by the
year 2006. Chairman Greenspan has said these shortages pose a
threat to our economy. For example, as recently as February 17,
Chairman Greenspan said the shortages have “serious
implications” for our economic expansion, and unless a
solution is found, either inflation will occur or profit margins
will be shrunk “with either outcome capable of bringing our
growing prosperity to an end.” According to Chairman
Greenspan, one solution is to increase immigration. The Fed head
has told Congress that our country “should be carefully
focused on the contributions” of immigrants. He also said
that one solution is for Congress to consider uncapping
immigration.
Please get the word out that America is a
nation of immigrants, and immigration and immigrants have been
and will be central to our nation’s economic well being.
(Contact AILA National Advocacy Staff for more information at
(202) 216-2400).
IN BOX:
American Business for Legal Immigration
(ABLI), the coalition of businesses, organizations and higher
educational institutions of which AILA is a member, is holding a National
Call-In Day on H-1Bs on Tuesday, April 4. On that day, all
H-1B advocates should call their Senators and Representatives and
urge support for S. 2045 and H.R. 3983. Our goal is to get as
many new co-sponsors on those bills as possible. The Senate is
scheduled to vote on S. 2045 the following week, but the House is
bogged down. A strong showing of support for these bills can keep
things moving. In addition to your Representatives, you also
should call House Leadership: Representatives Dennis Hastert
(R-IL), Tom DeLay (R-TX) and Richard Armey (R-TX), to urge them
to quickly move H.R. 3983. Let's pull out the stops and clog
the Capitol Switchboard with support for H-1Bs!
38me0038