Dear HSA Members,
I thought you might like to see this analysis.
Laurel Herndon
*The Senate Immigration Reform Bill *
*They Didn’t Get it Right! *
*SAN FRANCISCO**, **CA**:* After much debate and discussion, the Senate
by a vote of 62 to 36 passed S. 2611, a measure that would profoundly
reform our immigration laws. Unfortunately and tragically, they did not
get it right: unfortunately, because our nation desperately needs good
reform; and tragically because the positive provisions in the bill have
been fatally compromised by the negative measures included in the bill.
Moreover, in a conference with the House, we expect that the bill’s
positive provisions will be further eroded, if not eliminated, and the
negative provisions made more draconian and unfair.
This has been a difficult debate, and we applaud those Senators who
spoke out in support of immigrants and the positive contributions
immigrants are making to our nation. We thank them for standing up for
immigrants on the Senate floor every day and for speaking out loudly and
clearly against the restrictionist and nativist sentiments that have
erupted during this debate.
What are the provisions of most concern to the ILRC that are in the
Senate bill?
* A fundamentally unworkable three tiered legalization program with
exorbitant fees that will be a nightmare to implement.
* Local and state police encouraged to enforce federal civil
immigration law, a body of law that most do not understand and the
enforcement of which will dramatically hamper community policing
and discourage victims and witnesses of crime from coming forward.
Contracts between the Department of Homeland Security (DHS) and
local police in every state will be promoted so that local police
will enforce immigration laws and immigration information will be
entered into NCIC, the federal criminal database.
* U.S. Mexico border militarized: An additional 370 miles of
triple-layered fencing will be added along the U.S.-Mexico border
as well as 500 miles of vehicle barriers.
* People, including persons with green cards, will be detained
without bond for failing to file a change of address card, even
though the federal government does not even have the capacity to
process all these filed changes.
* Increased number of people deported for minor crimes and
misdemeanors, changing the rules in the middle of the game: Long
time legal permanent residents will be mandatorily deportable for
minor crimes such as having three DUI’s (Driving under the
Influence) no matter how long ago they were convicted and despite
their rehabilitation, extensive family ties, and length of time in
this country.
* U.S. citizens and legal permanent residents criminalized for
helping family members or friends.
* The number of youth who could be found deportable and ineligible
for any immigration benefits expanded based on the sole finding
that the child is or was a member of a gang, with no requirement
that any criminal act was committed or there was actual gang
activity or involvement.
* American businesses challenged by requiring employers to verify
every single worker, when the only employer verification system
that exists is rife with error, and a new, comprehensive database
is years away.
* Faster deportation of people allowed and the court doors closed so
that people are prohibited from ever seeing a judge, even if they
have lived here for years.
* New hurdles created to citizenship by changing the test to require
applicants to know key U.S. inventors and artists and information
about the Federalist Papers.
* All U.S. citizens subject to long criminal background checks in
petitioning a family member and some precluded from sponsoring
their immediate relatives altogether.
* I-9 document requirements that undermine legalization. (We need to
review the Manager’s Amendment that was introduced today to
determine if this issue was resolved.)
Although S. 2611 includes positive provisions that would reduce the
backlog in family-based immigration, as well as AgJobs, DREAM Act, and a
well-intentioned, but flawed, legalization program, the measures noted
above dramatically undermine these provisions. As if that weren’t bad
enough, the “enforcement” provisions in the bill will cost Americans
billions of dollars, will overwhelm the Department of Homeland Security,
and will not accomplish its stated goals.
We will continue to fight for immigration reform that works for America,
immigrants, and communities nationwide. Our country deserves something
better than what has come out of the process to date.
*WARNING! We want to issue an important warning to all immigrants.
Please note that as of now there has not yet been any new law passed
that permits people to legalize their status. Do not fall prey to any
unscrupulous “notarios,” immigration consultants, or attorneys who claim
a new law has passed and they can get you a work permit and green card
under the new law*.
******
/The ILRC is a national resource center that provides trainings,
materials and advocacy to advance immigrant rights. As a legal services
organization, we train lawyers and paralegals on ever-changing and
complex immigration law. We develop leadership by encouraging immigrants
to play leading roles in confronting and reshaping the laws and policies
that perpetuate racial, economic and social injustice. And we educate
and empower those in the immigrant community so that they may organize
and advocate for the rights and privileges that best define our
democratic traditions//./
/ /
Immigrant Legal Resource Center
1663 Mission Street, Suite 602
San Francisco, California 94103
415-255-9499
*www.ilrc.org* </exchweb/bin/redir.asp?URL=http://www.ilrc.org>
--
Laurel Herndon, Attorney
Immigrant Legal Center of Boulder County
2741 Iris, Suite B
Boulder, CO 80304
303-444-1522
[EMAIL PROTECTED]
