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Click for more articlesLEGISLATIVE UPDATE - ADVOCACY UPDATE CENTER

The 106th Congress was sworn in on January 6, 1999. Although the trial of President Clinton in the Senate will undoubtedly make legislation difficult to pass over the next few months, the members of the House of Representatives are proposing legislation as usual. And in a new feature on our web site, we will present information on pending legislation that will have an impact on immigration. The Advocacy Updates page on our web site is at http://www.visalaw.com/advocacy.html.

Representative Mark Foley, a Republican of Florida, along with eight other Republican representatives, has proposed an amendment to the U.S. Constitution that would severely limit U.S. citizenship. The proposed amendment reads "No person born in the United States after the date of ratification of this article shall be a citizen of the United states, or of any State, on account of birth in the United States unless the mother or father of the person is a citizen of the United States, is lawfully in the United States, or has a lawful status under the immigration laws of the United States, at the time of birth."

This is not the only proposed piece of legislation that would narrow citizenship. There are two other bills that would do essentially the same thing in the form of a law, not a constitutional amendment. One, the Citizenship Reform Act of 1999, introduced by Representative Brian Bilbray, a Republican of California, makes citizenship of a child born in the U.S. contingent on whether, if the child was born in wedlock, one of the parents was a citizen or legal permanent resident, and if the child was born out of wedlock, the mother is a citizen or legal permanent resident. The other bill, introduced by Bob Stump, Republican of Arizona, makes the citizenship of the child depend on the status of the mother as a citizen or legal permanent resident.

The Mass Immigration Reduction Act of 1999. Representative Bob Stump (R-AZ) has introduced an immigration moratorium bill that would reduce immigration to one-third its current level. The bill has support from most of the anti-immigrant wing in the House, with 49 initial sponsors, including two committee chairmen and four Democrats. Under the proposed law, immigration would be reduced to about 270,000 people. This includes 25,000 refugees, 5,000 priority workers and an unlimited number of spouses and minor children of U.S. citizens. For five years, all other forms of immigration would be halted.

There are two bills that would make English the official language of the U.S. One, the Bill Emerson English Language Empowerment Act of 1999, introduced by Bob Barr, Republican of Georgia, states as its purpose "To help immigrants better assimilate and take full advantage of economic and occupational opportunities in the United States." The bill would require all naturalization ceremonies to be conducted entirely in English, and imposes upon representatives of the federal government "an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government." The other, introduced by Bob Stump, Republican of Arizona, is essentially the same, but adding that the INS "shall enforce the established English language proficiency standard for all applicants for United States citizenship." It would also repeal the parts of the Voting Rights Act that call for access to a bilingual ballot.

The Illegal Foreign Contributions Prohibitions Act of 1999. This bill, introduced by Douglas Bereuter, a Republican of Nebraska, would prohibit anyone but U.S. citizens from making contributions to Federal election campaigns.

Central American and Caribbean Refugee Adjustment Act of 1999. This bill, introduced by Luis Gutierrez, a Democrat of Illinois, and supported by 33 other Representatives, including 31 Democrats and 2 Republicans would amend the Nicaraguan and Central American Relief Act (NACARA). The amendment would eliminate the requirement that spouses and children of aliens eligible for adjustment of status under NACARA be nationals of Nicaragua or Cuba. It would also extend NACARA adjustment of status eligibility to nationals of El Salvador, Guatemala, Honduras, and Haiti.

Baseball Diplomacy Act. This bill, introduced by Jose Serrano, Democrat of New York, would prohibit the exercise of authority otherwise allowed to prevent Cuban national from coming to the U.S. when the Cuban is coming to the U.S. to play professional baseball. Nor would any restriction be allowed on the amount of earnings thus derived that could be sent back to Cuba. The visa allowed would be valid only for the duration of the baseball season, and is valid without renewal in each subsequent year the Cuban comes to the U.S. to play baseball for the team for which he played in the previous season.

The Retiree Visa Act of 1999. This bill, introduced by Bill McCollum, Republican of Florida and supported by 2 Republicans and 1 Democrat, would create a new form of nonimmigrant visa for certain aliens over the age of 55. The length of the visa would be at least four years, and would be indefinitely renewable as long as the renewal application is filed in the nonimmigrant's country of citizenship. In order to be eligible, the alien must be at least 55 years old, be a citizen of Canada or a country that has always been a member of the Visa Waiver Pilot Program (United Kingdom, Japan, France, Switzerland, Germany, Sweden, Italy and the Netherlands), and prove that they have adequate health coverage for the duration of their stay in the U.S. The alien must also demonstrate that they will have, for each year they will spend in the U.S., and adjusted gross income equal to two times the poverty level.

Bill McCollum also introduced a bill co-sponsored by eight fellow Republicans and three Democrats that would authorize the Social Security Commissioner to make improvements to the design and materials of Social Security cards in order to ensure the best possible protection against counterfeiting, forgery, alteration and misuse. It would require the new cards to be as difficult to counterfeit as a 0 bill and as secure against fraudulent use as a U.S. passport. The purpose of the bill is to curb illegal employment by making it easier for employers to recognize false work authorization documents.

Representative McCollum has also introduced a bill that would create an Immigration Court, the United States Immigration Court Act of 1999. The new court, which would not be part of the federal judiciary, would consist of trial and appellate levels. The members of the appeals court would be appointed by the President with the advice and consent of the Senate, and would serve 15-year terms. The chief immigration appeals judge would appoint the trial judges.

McCollum introduced a private bill, petitioning for the suspension of the deportation of the son of a political supporter. Thirty-two year old Robert Anthony Broley, a citizen of Canada has a criminal record dating back to 1984, including convictions for burglary, drug possession, driving under the influence, and forging ,175 worth of checks belonging to the Orange County Republican Party, where his father was treasurer. McCollum denies the political connection has any relation to the private bill, citing instead the personal aspects of the case. McCollum sponsored the failed Criminal Alien Deportation Improvements Act of 1995, many portions of which were incorporated into the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the very law that ordered Broley's deportation.

Next month: What's coming in the Senate.

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