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We Have Hope Yet!

Posted on December 16, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: Ever since 1996 when the immigration laws changed to make it much more difficult for immigrants to come to the United States and to stay in the United States, many of my friends have been deported, and many more have had no hope of staying here legally in the United States. Is there any hope that any new laws might change this?

Answer: Actually, you are not alone. There are many people in Congress who have submitted bills which would allow people who have suffered from the 1996 laws and who are currently suffering to fall under new provisions of law to help them. While none of the following bills are actually law as of the present, they are at least on the table. This means that the anti-immigrant movement shown in the 1996 laws is showing Congress that it is harsh, unfair and a burden to families trying to meet the American dream. Here are some of the bills proposed in Congress right now:

The Development, Relief, and Education for Alien Minors (DREAM) Act of 2003: Introduced on July 31 by Senators Orrin Hatch (R-UT) and Richard Durbin (D-IL), S. 1545 would amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to again permit states to determine residency for in-state tuition purposes. The DREAM Act also would grant conditional permanent resident status to young people who came to the U.S. before the age of 16, have good moral character, have lived in the U.S. at least five years at the time of enactment, and have graduated from high school.

The Family Reunification Act of 2003: Introduced on June 24 by Representative Barney Frank (D-MA), H.R. 2585 would amend the INA to permit certain long-term permanent residents to seek cancellation of removal.

The Student Adjustment Act of 2003: Introduced on April 9 by Representatives Chris Cannon (R-UT), Howard Berman (D-CA), and Lucille Roybal-Allard (D-CA), H.R. 1684 would amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to permit states to determine state residency for in-state tuition purposes and would also provide for the adjustment of status of certain undocumented college-bound students.

The Central American Security Act: Introduced on March 17 by Representative Tom Davis (R-VA), H.R. 1300 would amend § 202 of the Nicaraguan Adjustment and Central American Relief Act (NACARA) to make certain Salvadorans, Guatemalans, and Hondurans eligible for relief under this section, and would give those individuals with applications for relief currently pending under § 203 the option of having their applications considered as applications for adjustment under § 202.

The Unity, Security, Accountability, and Family (USA Family) Act: Introduced by Representative Luis Gutierrez (D-IL) on January 29, H.R. 440 would: provide legal permanent residence to immigrants who have been living in the U.S. for 5 years or more; grant conditional legal status and work authorization to all law-abiding immigrants living in the U.S. for less than 5 years; repeal the 3- and 10-year bars to admissibility and the provisions that render aliens removable from the U.S. for having committed certain minor nonviolent offenses; and create an improved system of accountability that allows critical resources and manpower to be redirected to fight the war on terror.

The Legal Immigration Family Equity Act (LIFE Act) established a nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they wait processing of their case to permanent resident status.

Question: Are any of these items law yet?

Answer: Not yet. However, these are only a few of the bills in Congress at this time. However, we should write our representatives in Congress, and show our support for these bills. Hopefully, they will pass in the near future.

Filed under: Congress, DREAM Act, Immigration Law, immigration provisions, USCIS | Tagged: , | Leave a comment »

What new Bills are on the Horizon?

Posted on December 16, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that there are a large number of new immigration bills that are in Congress. Can you give a summary?

Answer: Yes, there are a significant number of bills. Whether they actually become law will only be determined by time. However, it does appear that there should be a significant number of changes in the coming year. Below are just a few of the bills introduced.

The Uniting American Families Act or the Permanent Partners Immigration Act: Introduced on June 21 by Senator Patrick Leahy (D-VT), S. 1278 would provide a mechanism for U.S. citizens and lawful permanent residents to sponsor their permanent partners for residence in the United States. S. 1278 defines the term “permanent partner” to mean an individual 18 years of age or older who (a) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment; (b) is financially interdependent with that other individual; (c) is not married to or in a permanent partnership with anyone other than that other individual; (d) is unable to contract with that other individual a marriage cognizable under the INA; and (e) is not a first, second, or third degree blood relation of that other individual. The bill is companion legislation to H.R. 3006 below.

The Unaccompanied Alien Child Protection Act of 2005: Introduced on January 24, 2005, by Senator Dianne Feinstein (D-CA), S. 119 would build upon the Homeland Security Act, which transferred the care and custody of unaccompanied alien children from the former INS to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR). Among other things, the bill would ensure that unaccompanied alien children have access to counsel; give ORR the authority to provide guardians to such children; establish minimum standards for the care and custody of unaccompanied alien minors; and strengthen policies for permanent protection of unaccompanied alien children. The bill is similar to legislation that Senator Feinstein introduced in the 108th Congress.

The Civil Liberties Restoration Act: Introduced on April 6 by Representative Howard Berman (D-CA), H.R. 1502 seeks to roll back some of the most egregious post-9/11 policies and strike an appropriate balance between security needs and liberty interests. Among other things, H.R. 1502 would secure due process protections and civil liberties for non-citizens in the U.S., enhance the effectiveness of our nation’s enforcement activities, restore the confidence of immigrant communities in the fairness of our government, and facilitate our efforts at promoting human rights and democracy around the world.

The Secure America and Orderly Immigration Act: Introduced on May 12 by Senators John McCain (R-AZ), Edward Kennedy (D-MA) and others, S. 1033 would comprehensively reform our immigration laws so that they enhance our national security and address the concerns of American businesses and families. Among other things, the bill would establish a break-the-mold new essential worker visa program (the H-5A visa) while also providing a mechanism by which eligible undocumented immigrants present in the U.S. on the date of the bill’s introduction could adjust to temporary nonimmigrant (H-5B) status; promote family unity and reduce backlogs; call for the creation and implementation of a national strategy for border security and enhanced border intelligence; create new enforcement regimes; and promote circular migration patterns. House companion legislation (H.R. 2330) was introduced on May 12 by Representatives Jim Kolbe (R-AZ), Jeff Flake (R-AZ), and Luis Gutierrez (D-IL).

The Agricultural Job Opportunities, Benefits, and Security (AgJobs) Act of 2005: Introduced on February 10, 2005 by Senators Larry Craig (R-ID) and Edward Kennedy (D-MA), S. 359 would create an earned adjustment program for undocumented farm workers who would be eligible to apply for temporary immigration status based on their past work experience, and could become permanent residents upon satisfying prospective work requirements. The legislation would also streamline the existing H-2A foreign agricultural worker program while preserving and enhancing key labor protections. Representatives Chris Cannon (R-UT) and Howard Berman (D-CA) introduced a companion measure in the House (H.R. 884). The bill is similar to legislation that the two Senators introduced in the 108th Congress.

The Save America Comprehensive Immigration Act of 2005: Introduced on May 4 by Representative Sheila Jackson Lee (D-TX), H.R. 2092 would, among many other things, increase the allocation of family-based immigrant visas; provide age-out protection for children; provide earned access to legalization; provide adjustment of status for certain children; update the registry provisions; and enhance border security.

We have fought long and hard to try to get reform of unfair immigration laws, and hopefully, this will be the year that much of the positive reform happens.

Filed under: Congress, Immigration, Immigration Law, immigration provisions, USCIS | Tagged: , | Leave a comment »

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