Legislative Update

H.R. 367, introduced by Rep. Henry Hyde (R-IL), would allow people from North Korea to seek asylum in the US by specifying that they are not to be considered citizens of the Republic of Korea .

H.R. 440, the Unity, Security, Accountability, and Family Act introduced by Rep. Luis Gutierrez (D-IL), would allow many undocumented immigrants with ties to the
US to apply for permanent residency. Only those who have lived in the US for five years as of January 29, 2003 , and from that point until when they file their application would be eligible. There would also be a provision to grant people who do not meet the five-year requirement conditional permanent residency. The bill would also make a number of other changes to immigration law, including allowing people in deportation proceedings to apply for whatever form of relief that was available at the time of the criminal offense, and would forbid the government from deporting anyone based on an offense that was not a ground for deportation at the time it was committed.

H.R. 502, introduced by Rep. Tom Tancredo (R-CO), would require the presentation of official federal or state identification documents before any person would be eligible to obtain federal public benefits. The law is a direct response to the growing popularity of the Mexican matricula consular, which critics say is used only by undocumented immigrants who cannot obtain any other form of identification.

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S. 205, the Iraqi Scientists Immigration Act of 2003, introduced by Sen. Joseph Biden (D-DE), would create a new nonimmigrant visa for Iraqi scientists who have worked in Iraqi weapons of mass destruction programs. The scientists must either have provided or be willing to provide information about the programs to the
US government, the United Nations, or the International Atomic Energy Agency. There would be a limit of 500 such visas, and those who receive them would eventually be able to apply for permanent residency.

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Asa Hutchinson, formerly a House member from
Arkansas and currently head of the Drug Enforcement Administration, has been confirmed as the head of the new (not sure what) of the Department of Homeland Security, while Tom Ridge , former governor of Pennsylvania , was confirmed to head the Department.

Rep. John N. Hostettler (R-IN) has been named the chair of the Immigration and Border Security Subcommittee. Subcommittee members will be announced next week.

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The Senate late last week, in a little notice provision of a general appropriations bill, voted to cut off funding for both the special registration program and the National Security Entry-Exit Registration System. In addition to cutting off funding, the INS would also be required to provide information about the creation and operation of the NSEERS program. The House version of the bill does not contain this provision, and it is doubtful that it will survive the negotiations as the House and Senate meet to create a compromise version.

The Senate recently approved a provision that would allow family members of immigrant killed in the September 11th terrorist attacks to remain in the
US for at least another year. This would be done by prohibiting the use of any federal money to deport them, regardless of their status before or after the attacks.

 

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To view our legislative chart, visit www.visalaw.com/advocacy.html

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.