 LEGISLATIVE UPDATE
H.R. 1242, introduced by Rep. Peter King (R-NY), would extend the filing deadline for section 245(i) until October 31, 2001. Earlier, Rep. Charles Rangel (D-NY) introduced a bill (H.R. 1195) that would extend the deadline until April 30, 2002.
H.R. 1266, the Secret Evidence Repeal Act of 2001, introduced by Rep. David Bonior (D-MI), would amend the Immigration and Nationality Act to reform the way in which classified evidence is used in immigration proceedings. It would allow such evidence to be used only in cases opposing an application for admission, to deny discretionary relief from removal, and if the ground of deportation is participation in terrorist activities. The bill would also require certification that the same evidence could not be gathered from other sources, and that the INS request the agency that classified the material to declassify it. It would also require that during trial the use of classified evidence be governed by the standards currently applied to the use of classified evidence in criminal proceedings.
H.R. 1306, the Wire Transfer Fairness and Disclosure Act of 2001, introduced by Rep. Luis Gutierrez (D-IL), would amend the Electronic Fund Transfer Act to require disclosure of exchange rates in international money transfers. Many immigrants and advocates feel that transfer services change unfairly high and hidden rates of exchange, and numerous lawsuits have been filed over the matter.
H.R. 1327, introduced by Rep. Ed Whitfield (R-KY), would prohibit H-2A agricultural workers from filing suit against their employer except in the state where the employer resides or has its principal place of business.
H.R. 1345, the Consular Review Act of 2001, introduced by Rep. Barney Frank (D-MA), would call for the creation of a Board of Visa Appeals with the authority to review decisions of consular officers denying visas. Rep. Frank introduced another important immigration bill this week, discussed in more detail later in the bulletin.
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S. 656, the Liberian Refugee Immigration Fairness Act of 2001, introduced by Sen. Harry Reid (D-NV), would allow Liberian nationals in the US on January 1, 2001 to apply for adjustment of status. People convicted of an aggravated felony or two or more crimes of moral turpitude would not be eligible, but would exempt applicants from some requirements for immigration, including that they properly entered the US.
S. 672, the Alien Child Status Protection Act, introduced by Sen. Dianne Feinstein (D-CA), would eliminate the problem of children ageing out while their parents’ application for immigration is pending. Currently, if a child turns 21 before the application is approved, they are no longer eligible to immigrate with their parents. This bill would allow them to immigrate so long as the parents’ application was filed before the child turned 21.
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This week the first meeting of the Senate Immigration Subcommittee was held. At the beginning of the meeting, Sen. Patrick Leahy (D-VT), the ranking minority member of the Senate Judiciary Committee, made a statement expressing his hopes for the work of the subcommittee. Leahy said that he hopes that the subcommittee can work to develop a bipartisan approach to immigration issues, and said that the leadership of the subcommittee should help this. Sen. Sam Brownback (R-KS) chairs the subcommittee, and the ranking minority member is Sen. Edward Kennedy (D-MA). Leahy also outlined the areas he hopes to see the subcommittee address. Among these are restricting the use of expedited removal of asylum seekers, restoration of due process, updating the registry date, and the permanent restoration of section 425(i). Leahy’s statement is available online at http://www.senate.gov/~judiciary/pjl040401h.htm.
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A bill has been introduced in the Illinois state legislature that would allow undocumented immigrants to obtain drivers licenses. The proposal comes after a scandal in which the state secretary of state’s office is accused of selling licenses to immigrants. The bill would eliminate the requirement that applicants for licenses provide a Social Security number. Supporters say the bill will make roads safer, while critics say that undocumented immigrants will be able to use the license to obtain other government documents and services to which they are not entitled.
In Arkansas, legislators have reached a compromise over the issue of requiring proof of legal US residency before issuing a person a driver’s license. Essentially, the requirement will be extended to all people, not just Hispanics. Proponents of the bill, enacted in 1997, say that it was designed to prevent terrorists from obtaining licenses, but opponents maintain that it has only been used against Hispanics. An effort to repeal the requirement was defeated last month, but another version was introduced that restores the law to the pre-1997 state. If the law is passed, all first time applicants for a driver’s license in the state must show proof of legal residency.
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