LEGISLATIVE UPDATE
Vol. 4, No. 11, October 23, 2000

The Latest on Legislation- -Victories Behind Us, Challenges Ahead. Your Advocacy Needed!

Contents of this Issue

1. Latino and Immigrant Fairness Act Continues to Take Center Stage
   
   
2. H-1B Bills Signed Into Law
   
   
3. Limited Retroactivity Reform Continues to be Delayed in Senate
   
   
4. Religious Workers Will Get Three-Year, Perhaps Permanent, Extension
   
   
5. Permanent Extension of Visa Waiver Program Includes H-1B Corporate Restructuring Provision and an Extension of the EB-5 Pilot Program
   
   
6. Bills to Ease Citizenship Law for Foreign Born Children and People with Disabilities Sent to the President
   
   
7. Congress Sends to President Trafficking Bill and Reauthorization of Violence Against Women Act (VAWA) 

Latino and Immigrant Fairness Act Continues to Take Center Stage in End-of-Session Negotiations

The Latino and Immigrant Fairness Act (LIFA), S. 2912, would restore Section 245(i), update the Registry Date to 1986, and create parity in the NACARA legislation.  With Congress drawing to a close, these measures are among the last sticking points between the Administration and Republican leadership. The White House has stated clearly that the President will veto any version of the Commerce-State-Justice (CSJ) appropriation bill that does not include these provisions.  The Republican leadership have indicated their opposition to these needed measures, despite the strong support for LIFA from such key Republicans as Senator John McCain (R-AZ) and Jack Kemp, the 1996 Republican Vice-Presidential candidate.

However, instead of supporting LIFA, Senator Orin Hatch (R-UT), has indicated that he, along with other Republicans, is working on another measure, the Legal Immigration Families Equity Act (LIFE Act).  While not releasing the exact language of this proposal Senator Hatch sent an October 18 letter to the White House outlining its contents. According to Senator Hatch, the LIFE Act would allow the INS to accept and adjudicate the application of anyone who was part of the successful lawsuits against the INS for improperly denying applications under the 1986 amnesty act that President Reagan signed.  Under his proposal, visitor visas and work authorization would be granted to Family 2A applicants (the spouses and children of lawful permanent residents) who have been waiting more than three years for their visa to be available.  The LIFE Act lacks provisions to address the lack of equity experienced as a result of NACARA, offers no protections for those people outside of the Family 2A category who are unable to become permanent residents because of the expiration of 245(i), and offers nothing for people who would benefit from updating the registry date to 1986.

.  Senator Hatch’s proposals are not substitutes for the restoration of 245(i), NACARA parity, and updating the registry date. Allowing those people who already have successfully sued INS to receive the remedies to which they are entitled does nothing to protect those people who were not part of the lawsuit but were harmed by the INS mishandling of their case in the same manner.  In addition, this proposal ignores the fact that the “Class of ’82” already has been in legal limbo for the last 15 years and unable to apply for their family members.  Updating the registry date to 1986 would allow most of those family members to apply for permanent residency themselves.  Finally, the Hatch proposal’s silence on NACARA parity and the restoration of Section 245(i) signal dramatically other aspects that need to be addressed:  roadblocks to people becoming legal need to be eliminated and people from similar circumstances fleeing civil war and strife, need to be treated equally.   Please contact your Senators, Representatives, and the White House to urge them to support LIFA.

H-1B Bills Finally Signed Into Law

Culminating a two year campaign by Lobbyists and the employer community to increase the H-1B cap and gain relief for certain green card applicants, President Clinton, on October 17, signed into law S. 2045, the American Competitiveness in the 21^st Century Act (PL 106-313).  At the same time, the President also signed H.R. 5362, a bill that will increase the education and training fee for H-1B petitioners (PL 106-311).  The majority of provisions in these bills are immediately effective upon enactment.  However, a provision allowing H-1B visa holders to change jobs as soon as their new employer files a petition applies to petitions filed before, on or after October 17.  In addition, the fee increase to $1000 will go into effect two months after enactment, in December. However, the new exemptions from the fee for elementary and secondary schools and certain nonprofits that engage in curricular clinical training for higher education students are effective immediately. 

Limited Retroactivity Reform Continues To Be Delayed In The Senate

H.R. 5062 unanimously passed the House and was sent to the Senate on September 19, 2000.  The introduction of the bill by Representative Bill McCollum (R-FL), one of the primary architects of the 1996 laws, and the unanimous passage by the House sent a strong signal that the 1996 laws went too far and had unforeseen and unfair consequences. Judiciary Chairman Henry Hyde (R-IL), Immigration Subcommittee Chairman Lamar Smith (R-TX) and Representative Bill McCollum wrote a letter to Senator Trent Lott (R-MS) expressing their support for the bill and asking that the proposal be taken up by the Senate.  However, the Senate has yet to act on the bill. 

Although H.R. 5062 offers only minimal relief to the many harsh aspects of the 1996 laws, it is important for lobbyists and pro-immigration and civil rights advocates to contact their Senators and Representatives to urge them to pass this reform.  Each day that these laws go un-changed more immigrants are put in jeopardy of being permanently separated from their children, spouses and parents.  Saving even a few from the harsh consequences of these laws would make a difference.

Religious Workers Will Get Three-Year Extension, But Permanent Extension May Yet Pass

The Senate passed H.R. 4068, the Religious Workers Act of 2000, on October 19.  This measure would extend the religious worker immigrant visa program (the R nonimmigrant visa did not sunset) for an additional three years, through September 30, 2003. The House already had passed this same measure in September, thus clearing the bill to be sent to the President. However, also on October 19, the Senate  passed S. 2406, the Mother Theresa Religious Workers Act, which would make the program permanent. Since the House, according to Hill sources, may now support a permanent extension, the House may now quickly take up S. 2406. Thus, it is unclear at this time whether the President will be presented with a measure that extends the program for three years or permanently.

Permanent Extension of Visa Waiver Program Includes H-1B Corporate Restructuring Provision and Extension of EB-5 Pilot Program

With the Senate passing a permanent extension of the visa waiver program October 3 and the House agreeing to the Senate version on October 10, the Visa Waiver Permanent Program Act (H.R. 3767) has been cleared for the President’s signature, which is expected shortly.  In addition to making the visa waiver program permanent, the measure changes some of the qualification rules for countries’ participation in the program.  The bill also includes other immigration measures: a provision that will eliminate the requirement for an amended H-1B petition in many corporate restructuring situations, and a three-year extension of the EB-5 pilot program for regional centers and an expansion of the ways in which “indirect job creation” can be measured for that program.

Other provisions included in the legislation will allow former employees of INTELSAT to qualify for L-1 and EB-1 status following the privatization of that organization. This legislation will also amend Section 641 of IIRAIRA (that established CIPRIS, a computerized tracking database for students) to require the INS to collect the fee associated with that program directly from foreign students, and to delay the expanded implementation of the program.

Bills To Ease Citizenship Law for Foreign Born Children and People with Disabilities Sent to the President

Both the House and Senate on October 18 agreed on language that would make it easier for foreign-born children to obtain citizenship.  H.R. 2883 would grant automatic citizenship to any foreign born child when at least one parent is a citizen (whether by birth or naturalization), the child is under 18, and the child is residing in the U.S. in the legal and physical custody of the citizen parent pursuant to lawful permanent residence.  For foreign born children who do not meet these qualifications: parents may apply for naturalization on behalf of their child if at least one parent is a citizen (whether by birth or naturalization); the citizen parent has been present in the United States for a period totaling five years (two of which were after attaining the age of 14); the child is under the age of 18; the child is residing outside of the United States in the legal and physical custody of the citizen parent, and the child is temporarily in the United States pursuant to a lawful admission and is maintaining such lawful status.

The law also would provide a waiver of the criminal, deportation, and inadmissibility grounds for certain aliens who unlawfully vote or make false claims of citizenship.  These waivers are available only if each parent of the alien is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed that they were a citizen or were entitled to vote at the time that the violation occurred.

In a separate measure, Congress passed S. 2812 thereby making it easier for people with certain disabilities to obtain citizenship.  Under the law, the Attorney General may waive the taking of the citizenship oath by a person if, in the opinion of the Attorney General, the person is unable to understand, or communicate an understanding of, its meaning because of a physical or developmental disability or mental impairment.

Congress Sends to President Trafficking Bill and Violence Against Women Act (VAWA) Reauthorization to the President

Both the House and Senate passed H.R. 3244, The Victims of Trafficking and Violence Protection Act of 2000, on October 6 in the House and October 11 in the Senate. The law will increase penalties for trafficking in human beings, and provide protections for the victims of trafficking.  The law provides a new, non-immigrant, "T" visa for up to 5,000 victims of trafficking per year. To be eligible for the visa, victims would have to show they would suffer extreme hardship involving unusual or severe harm if returned to their home country. If the victims could meet certain criteria, they could be eligible to adjust their status and apply for permanent residency several years after receiving the "T" visa.

The reauthorization of the Violence Against Women Act (VAWA) is included as an amendment to H.R. 3244.  VAWA contains important protections for battered immigrants. These protections had been left out of the original version in the House but were part of the Senate measure.  While the bill’s final language did not include all of the protections that advocates sought, it is a significant step forward.  Among the protections included in the bill are:

• The removal of the requirement that the victim continue to be married to the abuser and that the abuser maintain their citizenship or legal permanent residency in order for the victim to self-petition or apply for suspension of deportation.
  
  
• The ability of approved self-petitioners to adjust under 245(a) rather than relying on 245(i).
  
  
• Removal of the extreme hardship requirement for self-petitioners, and the ability for a parent to allege extreme hardships to themselves in suspension claims.
  
  
• The availability of waivers for grounds of inadmissibility, deportability, or findings of good moral character for certain acts connected to domestic violence.
  
  
• Establishing a new nonimmigrant “U” visa with adjustment possibility after three years for noncitizens who suffer “substantial physical or mental abuse” as a result of a laundry list of criminal violations