COMMENTARY – ADVOCACY EFFORTS NEEDED AS LEGISLATIVE SESSION WINDS DOWN With less than one month remaining before Congress takes its summer recess it seems increasingly doubtful that important legislation, not only that related to immigration, will be passed. However, because Congress must pass appropriations bills, there is still hope that some meaningful legislation will be passed as additions to the funding bills.
Of course, the need for H-1B legislation is high on many lists, but equally important are the efforts to reverse some of the more draconian measures of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act. That law dramatically expanded the grounds for deportation, eliminated most of the discretion of Immigration Judges, and provided for the mandatory detention of many immigrants in deportation proceedings, among many other changes. After almost four years, and hundreds of stories about long-time permanent residents being deported for minor crimes committed years ago, the battle to change IIRAIRA is now in full swing.
Both the American Bar Association and the American Immigration Lawyers Association are urging its members and the public as a whole to encourage congressmen to encourage change. Some of the most pressing concerns, for which bills are already pending before Congress, are: - the restoration of section 245(i) (making it possible for immigrant-eligible applicants with status violations to pursue a green card in the US),
- updating the registry date (this basically would create a new amnesty for long-term residents of the US), and
- providing parity for nationals of all countries covered by the Nicaraguan Adjustment and Central American Relief Act.
Members of Congress need to know that their constituents care about these bills.
There are also more changes in immigration law that need to be made, but the lateness in the legislative session means that we will have to be patient. One such change would be a restriction in the definition of the term aggravated felony. As the law currently stands, almost any offense punishable by a year in prison is an aggravated felony, regardless of how the criminal law classifies the offense. Indeed, so many people have faced deportation for minor, petty offenses that are now considered aggravated felonies, that it is beginning to make an impact on how state criminal justice systems pursue convictions.
One example of this is found in a recent letter from the Georgia State Board of Pardons and Paroles to Sen. Max Cleland (D-GA). Until recently, the Board had never pardoned someone who had been convicted of a misdemeanor, because under Georgia law, a misdemeanor conviction does not impair a person’s civil or political rights. However, with the introduction of the aggravated felony provisions of the IIRAIRA, many misdemeanors are considered aggravated felonies for immigration purposes. Therefore, the state has begun pardoning some people convicted of misdemeanors to ensure that they will not face a deportation the state considers unfair.
It is vitally important that each member of Congress knows that their constituents are tired of this experiment with America’s immigration laws and want a return to a fair system that is consistent with the principles of justice. < Back | Next > Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
