LEGISLATIVE UPDATE – ADVOCACY UPDATE CENTER

Congress has returned from its break, and many bills relating to immigration have been proposed in the weeks since its return. A key piece of legislation, the Commerce, Justice and State Department Appropriations bill, passed the House of Representatives and is expected to pass the Senate, but it is still up in the air since the President is threatening to veto the legislation. The bill contains language on a number of important issues including increasing funding for the Border Patrol, increasing funding for INS detention facilities, barring visa processing for nationals of countries that do not accept deportees from the US and the physician in the national interest proposal. We expect to issue a short supplemental newsletter issue of the newsletter when the bill finally becomes law.

House bills

H.R. 2849, the Illegal Alien Educational Impact Aid Act of 1999, introduced by Rep. Brian Bilbray (R-CA), would provide federal reimbursement for money state public schools spend on educating undocumented children. 

H.R. 2854, introduced by Rep. Robert Andrews (D-NJ) would amend the Immigration and Nationality Act to allow spouses of permanent residents to enter the US as permanent residents without being subject to an annual numerical limit. 

H.R. 2883, the Adopted Orphans Citizenship Act, introduced by Rep. Lamar Smith (R-TX) and supported by Reps. Ray LaHood (R-IL), Ron Paul (R-TX), George Nethercutt (R-WA), Steven Kuykendall (R-CA), and Christopher Shays (R-CT), would make certain adopted children US citizens from birth.  To qualify under this provision, the child must be adopted by at least one US citizen who has been physically present in the US for at least five years prior to the adoption, be in the US as a lawful permanent resident, and under 18 years of age.

H.R. 2899, the Senior Citizenship Act of 1999, introduced by Rep. Jerrold Nadler (D-NY), would exempt certain elderly persons from the requirement that they take the citizenship test in English and would allow them to take the test in the language of their choice.

H.R. 2909, the Intercountry Adoption Act of 1999, introduced by Rep. Benjamin Gilman (R-NY) and co-sponsored by 36 other Representatives including 17 Republicans and 18 Democrats, would implement the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.  Among other things, the bill calls for an annual report detailing intercountry adoptions, including a collection of information on the countries from which children were adopted.

H.R. 2998, introduced by Rep. Bill McCollum (R-FL) and Rep. Lincoln Diaz-Balart (R-FL) would modify the requirements for an affidavit of support in cases where the sponsored immigrant has a job offer or is under 18 years of age.  Currently in cases of family sponsored immigration, the person petitioning must complete an affidavit of support declaring that they will support the sponsored immigrant at an annual income of at least 125% of the federal poverty level.  This bill would amend the requirement for annual income, making it only 100% of the poverty level in cases where the sponsored immigrant is under 18, and in cases where the sponsor can present a contract for employment of the sponsored immigrant at not less than 100% of the poverty level.

Senate bills

S. 1592, the Central American and Haitian Parity Act of 1999, introduced by Senators Richard Durbin (D-IL) and Edward Kennedy (D-MA), would allow certain nationals of El Salvador, Guatemala, Honduras and Haiti to apply for permanent residence under the Nicaraguan Adjustment and Central American Relief Act (NACARA).  Like a bill under consideration in the House, this law would allow nationals of these countries who have an application for permanent residence pending under section 203 of NACARA convert the application to one under section 202 of NACARA.  In essence this change would allow nationals of El Salvador, Guatemala, Honduras and Haiti benefit from the same presumption currently enjoyed by Nicaraguans and Cubans, namely that they would suffer extreme hardship if removed from the US.

S. 1644, the Alien Smuggling Prevention and Enforcement Act of 1999, introduced by Senators Spenser Abraham (R-MI), Charles Schumer (D-NY), Diane Feinstein (D-CA), and Jon Kyl (R-AZ) would greatly increase the penalties for alien smuggling.  The bill calls for the addition of 50 immigration agents assigned to combat alien smuggling in 2000, 2001, 2002, 2003, and 2004.  The bill would also double the minimum term of imprisonment for smuggling, provide for increased fines, and would raise the offense level in cases involving a substantial risk of serious bodily injury.

State legislation

California Governor Gray Davis has signed a bill into law that will require all hospitals in the state to meet a minimum patient to nurse ratio.  The law does not provide the ratio, but requires the State Department of Health Services to set standards appropriate for general, psychiatric and specialized hospitals.  While this law does not directly concern immigration, it is likely that California hospitals will have to turn to foreign nurses to meet these new requirements, given the current national nursing shortage.

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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.