Possible Changes in Policy Leave Uncertainty for Immigrants
Feature Story by Civilrights.org staff - 3/17/2004
Millions of futures hang in the balance as two immigration policies face scrutiny this year. In January President Bush introduced what could amount to a monumental shift in policy that would affect both documented and undocumented immigrants who work in the United States. Also in January, the Supreme Court announced that it will hear a case in April regarding the indefinite detention of immigrants whose home country will not accept their return.Although immigrants rights groups are waiting for a decision from the Court before they assess the consequences, they are not waiting to critique the President's proposal. While most groups view Bush's policy change as a step in the right direction, they say it fails to go far enough.
The President's proposal is based on the "earned legalization" model that offers legal status to the millions of undocumented men and women now employed in the United States, and to those in foreign countries who seek to participate in the program and already have been offered employment. The problem, groups say, is that workers who participate in the program will only receive temporary work visas for three years, which may be renewed for some undefined limited period.
"The failure to provide a path to lawful permanent residence ignores the reality that some of these workers already have or will develop close family ties in our community and have strong reasons to live in the United States permanently," said Phil Y. Ting, executive director of the Asian Law Caucus, an affiliate of the National Asian Pacific American Legal Consortium. "It is unrealistic to expect people to come out of the shadows and become fully integrated members of our community and economy, if they know they will be forced to leave everything behind when their period of stay under the program ends."
While immigrants must register to gain the benefits of citizenship, the registration is temporary and could lead to deportation when the allotted period ends. Groups representing immigrants would like to see an increased effort to protect the rights of workers once they are in the United States.
"We were pleased that the President publicly recognized the importance of immigrants to our nation, their strong family values, their contributions to the economy, and that he stated we need a 'rational and more humane' immigration system," said Antonia Hernández, Mexican American Legal Defense and Educational Fund president and general counsel. "However, we believe that his plan can be strengthened to better reflect support for immigrant workers and their families by providing a clear pathway to permanent residency in this country."
A proposal similar to the President's, "The Immigration Reform Act of 2004," introduced by Senator Chuck Hagel, R-Neb., and Tom Daschle, D-S.D., contains the roadmap to permanent status and worker protections that many groups seek.
"The introduction of this bipartisan bill at this point in the debate is important because it has become clear that Republicans are divided on the question of immigration reform," said Raul Yzaguirre, president of the National Council of La Raza. "All of those who care about accomplishing this important goal --including NCLR and its coalition partners -- must be serious about moving the issue forward in a bipartisan way. Senators Daschle and Hagel have demonstrated that bipartisanship is possible in this debate."
As the debate over Bush's proposal continues, another issue affecting the immigrant community will surface in April. The Supreme Court will hear Benitez v. Wallis, which will determine the status of more than 2,000 immigrants now being held indefinitely in American prisons. These immigrants, who have served time for crimes committed in the United States, face indefinite detention because their home countries refuse to take them back upon release from prison.
In the case being heard, Benitez is a Cuban refugee who came to the United States during the Mariel boat-lift in 1980 and later was convicted of armed robbery in Florida. After serving his time, Benitez was ordered back to Cuba because of his illegal immigrant status. Cuba, however, refused to allow him re-entry and Benitez has been held in detention ever since.
Since a 2001 Supreme Court decision barred the government from holding legal immigrant felons for more than six months if return to his or her home country was impossible, Benitez and his attorneys see hope for his case.
Judith Rabinovitz, senior staff counsel for the American Civil Liberties Union Immigrant Rights Project, which supports Benitez, said the 2001 ruling should apply and that "he's being subjected to continued imprisonment without authority."
