U.S. Department of Justice
Immigration and Naturalization Service
Washington, D.C. 20536

Contact:
Media Services
Office of Public Affairs
202-514-2648
Fax: 202-514-1776

NEWS RELEASE

U.S INS Accepts Legalization Questionnaires as District Court Issues Permanent Injunction in 'Late Amnesty' Case

On July 2, 1999, Judge William Keller of the United States District Court for the Central District of California issued a permanent injunction against the Immigration and Naturalization Service (INS) in the Newman v. INS lawsuit more commonly known as "LULAC v. INS."

The permanent injunction requires INS to adjudicate the legalization applications of aliens who can establish that they were "front-desked" during the legalization application period. The injunction also continues the work authorization and stays of deportation already granted to the roughly 26,000 Newman class members.

The injunction identifies "front-desked" class members as "those who attempted to file a legalization application and fee with INS or a Qualified Designated Entity (QDE), between May 5, 1987 and May 4, 1988, but INS or QDE refused to accept the application." INS will determine which aliens were "front desked."

In July 1998, INS voluntarily began accepting a legalization questionnaire for aliens to detail any claim of "front desking" by INS. To conform with the injunction, INS has redesigned the questionnaire to include the possibility of "front desking" by QDEs, which were public service, non-governmental organizations authorized to accept legalization applications from aliens who were reluctant to present themselves to INS. Class members who believed that they were "front desked" must file a legalization questionnaire on or before February 2, 2001. The questionnaire is available at any INS office and on the Internet at www.ins.usdoj.gov. The court order, questionnaire and notices are attached.

Questionnaires should be submitted to the following address:

Immigration and Naturalization Service

Vermont Service Center-Attention: Front-Desking Claims

75 Lower Welden Street

St. Albans, VT 05479-0001

INS will review the questionnaire and notify the applicant in writing of its decision. If the claim of "front desking" is substantiated, the alien is eligible to have the application for legalization adjudicated. The appropriate INS Service Center will send instructions on any additional steps or information needed to complete the adjudication of the legalization and employment authorization applications.

The questionnaire is not limited to class members in the Newman/LULAC case, although the injunction applies only to that case. Any alien, including one affected by the Catholic Social Services v. Reno case, wishing to assert a claim of "front-desking" should obtain and submit a legalization questionnaire.

Background

The Immigration Reform and Control Act of 1986 (IRCA) provided for the legalization of certain aliens who had been unlawfully present in the United States since January 1982. In order to legalize under IRCA, aliens were required to submit an application during a one-year period that ended in May 1988. This lawsuit, League of United Latin American Citizens v. INS, (LULAC, later renamed as Newman v. INS), challenged the implementation of the legalization program. To date, there are approximately 26,000 registered class members, an additional 25,000 aliens applied for class membership but were denied.

In 1993, the Supreme Court agreed with the government's position and held that these lawsuits could not be maintained by aliens who had not actually applied or attempted to apply (by submitting a complete application and fee to an INS officer) before May 4, 1988. Section 377 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 was enacted on September 30, 1996. That section provides that courts may only hear cases brought by persons seeking relief under the IRCA if they in fact filed a timely application for legalization before May 4, 1988, or were "front desked."

– INS –