-Caveat Lector-
>From http://washingtontimes.com/national/20020409-57539602.htm
> The INS has final discretion over any application for a green card, they said.
>>>Hmmm ... and this has been working ? <<<
}}}>Begin
The Washington Times
www.washtimes.com
Amnesty plan helps detainees, foes say
Stephen Dinan
THE WASHINGTON TIMES Published 4/9/2002
A congressional plan offering limited amnesty to illegal aliens would allow some
post- September 11 detainees to delay deportation or even apply for green cards,
according to advocates for tougher immigration laws.
Congress is considering allowing another round of applications under section
245(i) of the Immigration and Nationality Act, which lets those who are in the United
States illegally, but who meet certain requirements, apply for legal status.
Groups such as the Federation for American Immigration Reform (FAIR) and
Numbers USA, which advocate immigration limits, say approving the new round of
applications without first changing the underlying law will allow those being detained
for terrorist activities to apply for permanent legal residency.
"What you have is a statute on its face that says terrorists can apply for green
cards, and have," said Mike Hethmon, FAIR's staff attorney.
The law says terrorism is a deportable offense, but it also explicitly says anyone
considered deportable for terrorist activities may apply for an adjustment of status.
The Immigration and Naturalization Service has issued regulations to specify that
suspicion of terrorism is still grounds for deportation, and an INS official who asked
not to be named said the INS is following them.
He and immigration lawyers said applicants must meet all of the other
requirements of the law, including a background check.
The INS has final discretion over any application for a green card, they said.
"Section 245(i) does not operate independently of the long-standing provisions of
our immigration laws, which make terrorists inadmissible to, and deportable from, our
country," said Judy Golub, director of advocacy for the American Immigration
Lawyers Association.
The issue shouldn't be a deal-breaker on 245(i), said Greg Siskind, an
immigration lawyer in Tennessee who publishes Siskind's Immigration Bulletin.
"It seems to me it would be a pretty easy thing to fix. I see that as pretty much
an
argument people are making to blow a lot of smoke," he said.
But groups pushing immigration limits said the inconsistency in the law would give
a lawyer a good case. If Congress passes the 245(i) extension without changing the
inconsistency, it will mean it has reaffirmed the law, and that would trump the INS
regulations.
"This isn't a secret; it's not an oversight anymore," Mr. Hethmon said. "If they
go
ahead and pass it as it is, the [detainees] can say the legislative intent is clearly
to
allow this to proceed."
The 245(i) provision would apply to those who have entered the country illegally
and to those who overstayed their entry visas and are now here illegally.
The extension pending in Congress would require aliens to certify that by Aug. 31,
2001, their employer had filed a Labor Certification Application saying the job
couldn't
be filled by a current legal resident or that they had a qualifying family
relationship by
that date.
In exchange for a $1,000 fine, 245(i) allows them to remain in the country while
their application for permanent residency, a green card, is processed in the normal
way. Without 245(i), they would have to return home and apply for a green card and,
if the INS had recorded them as having been in the United States illegally, wait up to
10 years before applying.
In the United States, the INS does the background check, while State Department
consular officers do the checks overseas.
The provision's opponents say consular officials have the language skills and
tools to check into a person's background in their home country, while the INS does
not. They also point to the INS' backlog of applications and recent revelations that it
approved visa applications for two of the air pirates in the September 11 attacks.
Estimates of how many people could apply under the extension vary widely.
Immigration limit groups say at a minimum 200,000 would qualify because that's the
number who were eligible but did not file their paperwork the last time around.
But immigration lawyers say the number is much lower.
Mr. Siskind said the provision pending in Congress is restrictive and would apply
to about 10,000 people.
The provision's backers also say it isn't an amnesty because it would apply to a
limited group and requires a penalty fee.
"If you don't think it's enough, raise the penalty fee," Mr. Siskind said, adding
that
previous application periods have pumped a lot of money into the INS, which can
then be used for more enforcement.
The 245(i) extension passed the House last month by a single vote, but its fate in
the Senate is in doubt.
Copyright © 2002 News World Communications, Inc. All rights reserved.
Return to the article
End<{{{
~~~~~~~~~~~~~~~
Forwarded as information only; no automatic endorsement
+ + + + + + + + + + + + + + + + + + + + + + + + + + + +
In accordance with Title 17 U.S.C. section 107, this material
is distributed without charge or profit to those who have
expressed a prior interest in receiving this type of information
for non-profit research and educational purposes only.
+ + + + + + + + + + + + + + + + + + + + + + + + + + + + +
"Do not believe in anything simply because you have heard it. Do not believe
simply because it has been handed down for many generations. Do not
believe in anything simply because it is spoken and rumored by many. Do
not believe in anything simply because it is written in Holy Scriptures. Do not
believe in anything merely on the authority of Teachers, elders or wise men.
Believe only after careful observation and analysis, when you find that it
agrees with reason and is conducive to the good and benefit of one and all.
Then accept it and live up to it."
The Buddha on Belief, from the Kalama Sutta
+ + + + + + + + + + + + + + + + + + + + + + + + + + + +
"Always do sober what you said you'd do drunk. That will
teach you to keep your mouth shut."
--- Ernest Hemingway
<A HREF="http://www.ctrl.org/";>www.ctrl.org</A>
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please! These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
http://peach.ease.lsoft.com/archives/ctrl.html
<A HREF="http://peach.ease.lsoft.com/archives/ctrl.html";>Archives of
[EMAIL PROTECTED]</A>
http:[EMAIL PROTECTED]/
<A HREF="http:[EMAIL PROTECTED]/";>ctrl</A>
========================================================================
To subscribe to Conspiracy Theory Research List[CTRL] send email:
SUBSCRIBE CTRL [to:] [EMAIL PROTECTED]
To UNsubscribe to Conspiracy Theory Research List[CTRL] send email:
SIGNOFF CTRL [to:] [EMAIL PROTECTED]
Om
