Both houses of Congress have been busy with immigration matters over the last month. The House Immigration Subcommittee has held hearings on a number of recently introduced bills including the following:

  • H.R. 471 – “The Illegal Alien Employment Disincentive Act” – this bill, sponsored by Representative Elton Gallegly (R-CA), would make any work experience gained while not in legal immigration status not usuable for meeting experience requirements in a labor certification application or an H-1B application.
  • H.R. 429 – “The NATO Special Immigrant Amendments” – introduced by Rep. Pickett (R-VA), this bill would allow NATO employees to pursue green cards.
  • H.R. 1493 – “Establishing a Program for the Identificaion of Deportable Aliens Awaiting Arraignment” – also introduced by Rep. Gallegly, this bill would expand INS programs for identifying aliens in county jails.
  • H.R. 231 – “Tamper Proof Social Security Cards” – sponsored by Rep. Bill McCollum (R-FL), this bill would require the Social Security Administration to issue Social Security cards with tamper proof features. This measure was opposed by many because the new immigration law mandates studies be done in this area. A representative of the Cato Institute argued that the cards would be tantamount to the creation of a national identity card.

 

The House Immigration Subcommittee also held hearings on visa fraud and immigration benefits application fraud. Most of the witnesses in the hearing recommended that increased resources and training be devoted to fighting such activities. The subject of the extension of Immigration and Nationality Act Section 245(i) was also discussed. The provision, set to expire on September 30, 1997, is considered to be a key battle area this year since the provision would allow a person to avoid the 3 and 10 year bars on residency by paying a $1000 penalty.

On the Senate side of the Capitol, hearings were held on the criminal record verification process for applicants for naturalization and problems the INS has faced in this area in recent months. On a related note, and as reported later in this newsletter, the INS has initiated denaturalization procedures for more than 5,000 individuals due to criminal backgrounds and false statements.

As we reported last month, the President and leaders of Congress agreed on a budget balancing deal that included the restoration of Supplemental Security Income benefits to legal immigrants that were cut under last year’s Welfare Law. Both the House and Senate have now agreed to delay the implementation of the bar on SSI benefits until October 1st when the new budget deal will presumably become reality. President Clinton may veto the measure for other reasons, but Congress is expected to quickly send another bill that satisfies the President but still includes the delay on implementation of the cuts.

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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. 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.

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