Since our last issue, there have been two major developments in immigration legislation. First, the President has signed the Anti-Terrorism Bill. Unfortunately, the new law contains a number of anti-immigration provisions that have little to do with terrorism. The President noted this fact when he signed the bill and expressed his hope that the provisions would be eliminated when the major immigration bill reaches his desk. The other development is the Senate’s passage of the Simpson Immigration Bill (now renamed S.1664). The bill largely covers illegal immigrant issues, but contains several important provisions affecting legal immigrants.
The provisions in the Anti-Terrorism Bill which address immigration include the following:
- Persons who enter the US illegally will be treated as though they are at the border regardless of how long they have been in the US. This drastic provision means that anyone who entered the US illegally is ineligible for suspension of deportation and would be subject to summary exclusion proceedings. Suspension of deportation is a form of relief which allows certain persons in deportation proceedings who have been in the US at least seven years, have no criminal history and whose deportation would cause hardship to adjust to permanent residency. These provisions are scheduled to take effect beginning this August.
- Provisions in the immigration laws which allow for the waiving of deportation for certain aliens with a criminal conviction are toughened.
- Aliens arriving without documents or with false documents are subject to summary exclusion. If the person is seeking asylum, the person must pass a credible fear screening. There would be no hearing or judicial review. If the credible fear screening is passed, the applicant would only get an interview with an asylum officer, not a hearing before a judge.
The Senate has passed the Simpson Immigration bill by a 97-3 margin. The bill mainly contains provisions affecting illegal immigration, but it also contains new rules for sponsoring immigrants. Highlights of the bill include the following:
- The bill authorizes the creation of a pilot computer-based program to verify the employment authorization of employees.
- The number of documents which may be presented by a new employee to prove work authorization has been reduced from 20 to six.
- The bill calls for the phasing in of counterfeit-proof birth certificates, driver’s licenses and other identity documents (the House bill only calls for a study).
- The number of border patrol agents will be nearly doubled from 5,000 to 9,700.
- Sponsors of immigrants would need to make more than 125% of the poverty level for the sponsor, the sponsor’s family and the immigrant. Current law sets it at equal to or greater than the poverty rate. The House bill says twice the poverty rate.
- The sponsor’s income will be deemed to be part of the immigrant’s income for purposes of qualifying for federal assistance within the first ten years of arrival or until the immigrant naturalizes to citizenship. The House bill is similar but varies the time limits depending on the relationship of the sponsor.
- The I-134 Affidavits of Support completed by the immigrant’s sponsor will now be a legally binding document.
- Immigrants who receive more than a year of public assistance within the first five years of entry will be deportable. The House bill says seven years.
- The bill provides million for triple fencing along the border near San Diego.
- The bill would reverse provisions in the Anti-Terrorism Act which call for summary exclusion proceedings for asylum applicants who present fraudulent documents at the time of entering the US.
The Senate bill does not contain one of the most controversial provisions from the House bill. The House bill gives states the power to prevent illegal children from attending public schools. President Clinton has threatened to veto the bill if it contains such a provision. The House bill also bars illegal aliens from applying for certain types of welfare benefits for their US-born children. The constitutionality of such a provision is suspect.
The next step for the immigration bill is the House/Senate Conference Committee.
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. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.