Transcribe
Translate
Latino-Native American Cultural Center newspaper clippings, 1970-2001
More information
digital collection
archival collection guide
transcription tips
New U.S. immigration bill insufficient Guest Opinion By Arturo Sanchez AFTER SIX YEARS of heated debates and political maneuvering, the Reagan administration has succeeded in enacting the infamous Simpson-Mazzoli Immigration Bill. Its purpose is to reform immigration laws that were not controlling the influx of immigrants. The Immigration Reform and Control Act makes immigrants who have lived in the United States in an undocumented status since before Jan. 1, 1982, eligible to apply for temporary resident status which may eventually lead to permanent resident status. In summary, the undocumented will be granted temporary residency if the following requirements are met: - The individual must apply within one year after the Immigration and Naturalization Service has set up a system for applying the law. The INS has until April 1987 to establish such a system. Undocumented individuals are advised not to go to the INS before then because they run the risk of being detained and deported. - The individual must prove with documentary evidence that he/she has lived in the United States continuously since Jan., 1982. Continuously means the individual has not left the country. Many will not meet this requirement since they do not have the necessary documentation. They have managed to stay in this country by not building a record of their stay. - The individual must be able to support himself/herself without public aid. - The individual must not have been convicted of a crime. - The individual must meet about 30 other requirements. IF THESE REQUIREMENTS are met, the undocumented individual will be granted temporary residency status. He/she will not be subject to deportation and will be given work authorization. Eighteen months after temporary residency is granted, he/she has one year to apply for permanent resident status. However, one of the requirements is that he/she know the English language and know the history and government of the United States. Five years later, he/she may apply for citizenship. Effective May 1, 1987, all employers must attest on an INS form that they have verified that each employee has presented documents establishing elegibility to be employed in the United States. In addition, employers must refrain from hiring undocumented workers. From May 1, 1987 to May 30, 1988, the only penalty for employers in non-compliance will be a warning letter. After that period employers can be fined from $250 to $2,000 for each undocumented worker. Fines get higher for repeated violations and criminal penalties are available for those showing a pattern of hiring undocumented workers. THE LATINO COMMUNITY has voiced a strong opposition to this and other major provisions of the legislation. Opposition to employer sanctions was based on the potential for increasing discrimination against all "foreign" looking or sounding individuals. There are four other aspects of the act to which the Latino community objected. The first is that the act offers no protection against discrimination of the undocumented worker. The act makes legal discrimination based on immigration status. However, the 14th Amendment has extended some protection to the undocumented and whether this legislation passes constitutional muster is sure to be litigated. The second aspect is the "guest worker" program. The so-called Schumer Amendment creates an expanded program to bring "temporary" workers across the border to meet the needs of agribusiness. Such action is aimed at preventing farm workers from being able to organize. The third aspect is the systematic alien verification for entitlement. This is a program whereby the immigration service would be contacted when persons apply for entitlements such as unemployment benifits. The inability of the INS to provide accurate and timely responses to such inquiries is well-documented, and the practice has been one of seeking information only on "foreign" (minority) looking persons. The fourth aspect is the lack of attempt to address safe haven for Central American refugees. U.S. foreign policy in Central American has destabalized the region and has caused thousands of people to flee north for political asylum. While refugees from El Salvador and Guatemala are deported daily, some to face certain death in their homelands, Congress continues to ignore their plight. The new immigration law will not control immigration because it does not deal with the root causes of immigration. As long as the countries to the south do not provide for the basic human needs of their people and U.S. intervention in Central American forces thousands of individuals to flee for their lives, human nature and sense of survival will bring them across the border. And, this will continue even if we make their lives more miserable in this country. The law does just that. It will impose a miserable existence on those who immigrated after Jan. 1, 1982, and on those who will immigrate in the future. Arturo Sanchez works with the Chicano-Hispanic Association for Legal Education.
Saving...
prev
next
New U.S. immigration bill insufficient Guest Opinion By Arturo Sanchez AFTER SIX YEARS of heated debates and political maneuvering, the Reagan administration has succeeded in enacting the infamous Simpson-Mazzoli Immigration Bill. Its purpose is to reform immigration laws that were not controlling the influx of immigrants. The Immigration Reform and Control Act makes immigrants who have lived in the United States in an undocumented status since before Jan. 1, 1982, eligible to apply for temporary resident status which may eventually lead to permanent resident status. In summary, the undocumented will be granted temporary residency if the following requirements are met: - The individual must apply within one year after the Immigration and Naturalization Service has set up a system for applying the law. The INS has until April 1987 to establish such a system. Undocumented individuals are advised not to go to the INS before then because they run the risk of being detained and deported. - The individual must prove with documentary evidence that he/she has lived in the United States continuously since Jan., 1982. Continuously means the individual has not left the country. Many will not meet this requirement since they do not have the necessary documentation. They have managed to stay in this country by not building a record of their stay. - The individual must be able to support himself/herself without public aid. - The individual must not have been convicted of a crime. - The individual must meet about 30 other requirements. IF THESE REQUIREMENTS are met, the undocumented individual will be granted temporary residency status. He/she will not be subject to deportation and will be given work authorization. Eighteen months after temporary residency is granted, he/she has one year to apply for permanent resident status. However, one of the requirements is that he/she know the English language and know the history and government of the United States. Five years later, he/she may apply for citizenship. Effective May 1, 1987, all employers must attest on an INS form that they have verified that each employee has presented documents establishing elegibility to be employed in the United States. In addition, employers must refrain from hiring undocumented workers. From May 1, 1987 to May 30, 1988, the only penalty for employers in non-compliance will be a warning letter. After that period employers can be fined from $250 to $2,000 for each undocumented worker. Fines get higher for repeated violations and criminal penalties are available for those showing a pattern of hiring undocumented workers. THE LATINO COMMUNITY has voiced a strong opposition to this and other major provisions of the legislation. Opposition to employer sanctions was based on the potential for increasing discrimination against all "foreign" looking or sounding individuals. There are four other aspects of the act to which the Latino community objected. The first is that the act offers no protection against discrimination of the undocumented worker. The act makes legal discrimination based on immigration status. However, the 14th Amendment has extended some protection to the undocumented and whether this legislation passes constitutional muster is sure to be litigated. The second aspect is the "guest worker" program. The so-called Schumer Amendment creates an expanded program to bring "temporary" workers across the border to meet the needs of agribusiness. Such action is aimed at preventing farm workers from being able to organize. The third aspect is the systematic alien verification for entitlement. This is a program whereby the immigration service would be contacted when persons apply for entitlements such as unemployment benifits. The inability of the INS to provide accurate and timely responses to such inquiries is well-documented, and the practice has been one of seeking information only on "foreign" (minority) looking persons. The fourth aspect is the lack of attempt to address safe haven for Central American refugees. U.S. foreign policy in Central American has destabalized the region and has caused thousands of people to flee north for political asylum. While refugees from El Salvador and Guatemala are deported daily, some to face certain death in their homelands, Congress continues to ignore their plight. The new immigration law will not control immigration because it does not deal with the root causes of immigration. As long as the countries to the south do not provide for the basic human needs of their people and U.S. intervention in Central American forces thousands of individuals to flee for their lives, human nature and sense of survival will bring them across the border. And, this will continue even if we make their lives more miserable in this country. The law does just that. It will impose a miserable existence on those who immigrated after Jan. 1, 1982, and on those who will immigrate in the future. Arturo Sanchez works with the Chicano-Hispanic Association for Legal Education.
Campus Culture
sidebar
