FEDERAL JUDGE ORDERS INS TO ACCEPT LEGALIZATION APPLICATIONS FROM LATE AMNESTY APPLICANTS

In early July a federal district court judge issued an order compelling the INS to accept legalization applications from people who were eligible for amnesty under the Immigration Reform and Control Act of 1986, but were denied legalization because they had left the US. This order mirrors an order issued by the same judge over 11 years ago, which was appealed by the government.

Under the order, the INS must accept and process applications from persons who meet the following requirements. First, the applicant must have resided in the US since before January 1, 1982. Second, the applicant must have presented a legalization application and fee to the INS or a qualified designated entity that was empowered to receive amnesty applications between May 1987 and May 1988. Third, the application must have been rejected for filing because the applicant left the US after January 1, 1982 and returned using a facially valid nonimmigrant visa, such as a tourist or student visa.

According to Peter Schey, an attorney representing the class members, over 100,000 people nationwide may benefit from the ruling. The INS does not believe the number is that high, but is unable to give any precise number.

Those who believe they are eligible under this new order have until February 2, 2001 to petition the INS to accept and process their legalization applications. All members of the class remain eligible for work authorization, but once the INS determines that the class members is not eligible for relief under this order, work authorization will not be renewed.

This good news in this case runs in stark contrast to another amnesty case, CSS v. Reno, that was also decided recently. In that case, discussed later in this issue, the court ruled for the government and could lead to the deportations of up to 200,000 people.

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