HOUSE VOTES TO EXTEND SECTION 245(I) DEADLINE

On Monday the House of Representatives voted 336 to 43 to extend the section 245(i) deadline four months.  The section expired on April 30, 2001, and the extension would reopen the law until August 31, 2001.  President Bush, who has said he would support a longer extension, is expected to sign the bill, H.R. 1885, assuming the Senate passes it.  Democratic House leader Richard Gephardt (D-MO) has said he would support a 12-month extension.  In testimony before Congress this month, Acting INS Commissioner Kevin Rooney said the agency supports a six to 12 month extension, in large part because it took the agency so long to release implementing regulations.

The bill was passed through an expedited process that limited debate to 40 minutes.  This was, according to a spokesperson for House Majority Leady Richard Armey (D-TX), because of wide bipartisan agreement on the need for an extension.  Under the expedited rules, the bill had to pass by a two-thirds majority, which it easily did.

A number of House Democrats, however, were concerned that the four-month period will not be sufficient for all eligible applicants to take advantage of section 245(i).  Rep. Sheila Jackson-Lee (D-TX), the ranking Democrat on the House Immigration Subcommittee, expressed concern that the deadline would occur when the House was debating funding for the federal government, before the Congress could provide increased funding to deal with the many expected applications.  Also unpopular with many is the requirement that the qualifying family or employment relationship have been created before April 30, 2001.

When the Legal Immigration and Family Equity Act (LIFE Act) was enacted last December, about 640,000 immigrants who would not otherwise be eligible to apply for adjustment of status were thought to be eligible.  The INS estimates that about 200,000 eligible people missed the deadline.  To be eligible to apply under the extended version of section 245(i), the applicant must have been in the US on December 21, 2000.  They must also have been offered the qualifying job, or entered into the qualifying family relationship, before April 30, 2001.

A bill in the Senate, introduced by Sen. Chuck Hagel (R-NE) would extend the section 245(i) deadline for six months, until October 31, 2001.  Hagel has said that four months is not a sufficient extension.