Immigrant Policy News...
Inside the Beltway
Volume 5, #2
May 14, 1998
Published by the Immigrant Policy Project of the State and Local Coalition on Immigration
Table of Contents
Immigrant Policy News highlights federal activities in the immigration arena. Our goal: to inform interested state and local officials of current events in Congress, the White House, and federal agencies related to immigration policy, services, and funding with a particular focus on implications for state and local governments. Publication will be periodic and in response to federal activity. The Immigrant Policy Project also publishes a state-local report on immigrant policy. We welcome comments and recommendations for both of these newsletters. To subscribe via e-mail on the Internet, send an e-mail message to LISTSERV@NCSL.ORG with the following message: SUBSCRIBE IMMIGRANT-NEWS-L.
Legislative Outlook
- Senate Approves Food Stamps Restoration for 250,000 Legal Immigrants
On Tuesday, May 12, the U.S. Senate overwhelmingly approved the conference report on S.1150, the Agriculture Research Bill. In addition to provisions affecting agricultural research, crop insurance, and rural development, S.1150 will restore Food Stamp benefits for certain groups of immigrants. The $818 million package provides benefits for 250,000 persons, or about one-third of those who lost benefits as a result of welfare reform. The Ag Research bill’s $1.7 billion in new spending would be financed by changes in Food Stamp Program state administrative reimbursement. Historically, the federal government and the states have equally shared the administrative costs of the program. The final vote on the bill was 92 to 8. With the Senate’s resounding endorsement, the report now goes to the House for consideration.
The bill restores Food Stamps to:
- Elderly immigrants in the U.S. and 65 or older as of August 22, 1996;
- Immigrants residing in the U.S. as of August 22, 1996 who meet the Food Stamp program’s definition of disabled, regardless of when they become disabled;
- Immigrant children under age 18 who were in the U.S. as of August 22, 1996;
- Hmong or highland Lao tribe members who assisted the U.S. armed forces during the Vietnam War, their spouses, dependent children, and unremarried widow(er)s of those deceased; and,
- Certain Native Americans born in Canada or Mexico who are entitled under treaty law to reside in the U.S.
Finally, the exemption to the lifetime bar for refugees, asylees, those granted withholding of deportation, Cuban/Haitian entrants, and Amerasians is extended from five years to seven.
The road leading to this floor vote has been long and a veritable rollercoaster ride. Amid strong lobbying from agricultural and farm interests, various voices in the Senate had expressed interest in stripping the Food Stamp restoration from the bill in order to provide more money for crop-related provisions. Others, including many state organizations, opposed the cost shift in the Food Stamp Program administration . Senate Majority Leader Trent Lott (R-MS) at one time had suggested that the crop provisions be attached to supplemental appropriations legislation, which would have left the Ag Research bill to languish. In the end, a sign-on letter from over 71 Senators, strong support from Vice President Gore and the Administration, input from concerned members of the House, and pressure from Cardinal O’Connor, the Archbishop of New York, and other interest groups encouraged Senator Lott to bring the conference report to the floor for a vote. Recognizing the costs of multiple eligibility standards, Senator Leahy (D-VT) commented that "by conforming Food Stamp rules to those already adopted for Medicaid last summer, the [bill] would avoid imposing multiple inconsistent eligibility rules on state and local agencies that administer both programs".
More contentious than the bill itself was a motion from Senator Gramm (R-TX) to recommit the Ag Research bill to conference. The motion would have directed conferees to amend the bill’s Food Stamp provision extending the refugee exemption. The motion’s supporters were generally opposed to reopening welfare reform. Senator Domenici (R-NM) adamantly voiced concern that passage of the bill would "break our agreement to keep the budget under control." The motion failed 23 to 77.
- H-1B Visa Cap Reached for Skilled Workers
For the first time, the 65,000 cap on visas for highly-skilled workers (H-1B visas) has been reached. On May 11, the INS issued a notice that no new petitions will be accepted until the beginning of the new fiscal year on October 1. The cap, established by the Immigration Act of 1990, permits professional workers (usually high-tech workers such as programmers or engineers, or medical professionals) to work in the United States for up to six years. Several bills have been introduced in Congress to increase the cap, increase enforcement, and establish education and training for American workers. On May 12, the Senate Judiciary Committee considered S.1723, sponsored by Senator Spencer Abraham (R-MI), that would increase the annual cap to 95,000 visas, increasing to 115,000 in the year 2000. Abraham argues that technology industries are facing a "critical shortage of high-tech workers," making passage of his measure urgent. In addition, the measure creates 20,000 scholarships for low-income students studying math, engineering, and computer science in post-secondary schools. In the House, H.R.3736 was approved by the House Immigration Subcommittee on April 30, to provide the same increase in visas for highly skilled immigrants. This legislation, sponsored by Rep. Lamar Smith (R-TX), would set strict new criteria for employers who want to hire such workers, requiring companies to attest to having actively recruited American workers with similar skills before looking to immigrants. H.R.3736 would also bar companies from sponsoring H-1B immigrants if they had laid off American workers with similar skills. The full Judiciary Committee was to mark up the bill on May 13, but that has been postponed. Some company lobbyists assert that these provisions are so troublesome for the industry that they would prefer no bill at all. High-tech industries argue that they are vital to the success of the United States’ dominance in computer hardware and software. On the other hand, the Clinton administration opposes raising the cap without reforming the visa program to protect U.S. workers. Advocates of U.S. technology workers say employers have exaggerated the claims of a labor shortage to use immigration to hold down wages in a tight labor market.
- Haitian Asylum Relief Bill Approved by Senate Judiciary
On April 23, 1998, the Senate Judiciary Committee unanimously passed the Haitian Refugee Immigration Fairness Act, providing asylum relief similar to that granted Nicaraguans last fall (see Inside the Beltway, Volume 5, #1). This bill, S.1504, permits approximately 43,000 Haitian nationals (and their spouses and children) to adjust to permanent resident status, if they apply before April 1, 2000. To qualify for permanent residency, a Haitian national would have to meet one of the following criteria: 1) he or she was paroled into the U.S. prior to December 31, 1995, after having been determined to have a credible fear of persecution; 2) he or she applied for asylum prior to December 31, 1995; 3) he or she was paroled into the U.S. for humanitarian reasons prior to December 31, 1995; or 4) was a child (under 21 years of age) on December 31, 1995, who either arrived in the U.S. unaccompanied by a parent, was orphaned after his or her arrival, or was abandoned by his or her parents. All immigrants affected by the bill must have been physically present in the United States since December 31, 1995. The legislation, introduced by Senators Graham (R-FL), Abraham (R-MI), Mack (R-FL), Kennedy (D-MA), and Moseley-Braun (D-IL), clarifies that the 1996 immigration law does not apply retroactively to cases pending at the time of enactment. The measure must now be scheduled for consideration by the full Senate. In the House, Rep. John Conyers (D-MI) and Rep. Carrie Meek (D-FL) have introduced H.R.3049 and H.R.3033, respectively.
Washington Wire
- Administration Adopts Plan to Revamp INS
To strengthen the nation's immigration system, the Clinton Administration is proposing to restructure the Immigration and Naturalization Service (INS) to improve its accountability and consistency, and increase its efficiency. The plan will untangle the INS' confusing organizational structure and replace it with two organizational systems – one in the area of enforcement and the other to provide services. This split will result in two clear lines of authority from the field to headquarters, with an INS Commissioner continuing to be responsible for overall agency operations. To improve customer services, the plan will: 1) Create new local service offices to better address specific community needs, 2) Establish accountability and clear lines of authority to met a national standard for timely processing and courteous service, and 3) Offer high-tech answers for people to receive better service through remote service centers. To strengthen enforcement, the INS will: 1) Establish a single, coordinated enforcement function to focus on the border and provide better linkages with interior enforcement, 2) Organize enforcement areas by function, and 3) Integrate enforcement and strengthen accountability by coordinating the four areas under a single director. The four areas are border patrol, inspections and management at ports of entry, investigations and removals, and detention. Shared administrative and technological support operations will provide each side of the agency with the tools to do its job efficiently and effectively. On March 31, the Department of Labor endorsed this reform strategy.
Immigration and Immigrant-Related Legislation in the 105th Congress
As of May 1, 1998, more than 150 bills had been introduced in the 105th Congress relating to immigrants,
public benefits, border control, and other immigration issues. Following is an overview of some of these bills.
Naturalization
S. 118 -- Senator Daniel Inouye (D-Hawaii) on January 21, 1997 introduced a bill that would allow certain Filipinos who served in an active duty status during World War II to have U.S. naturalization interviews and oaths of allegiance administered in the Philippines.
S. 719 – Senator Paul Wellstone ( D- Minnesota) on May 8, 1997 introduced the Hmong Veteran’s Naturalization Act of 1997 to expedite the naturalization of aliens who served with special guerrilla units in Laos.
S. 1717 – Senator Edward Kennedy (D-Massachusetts) on March 5, 1998 introduced the New American Citizen Act to strengthen the naturalization process.
H.R. 371 -- Representative Bruce Vento (D-Minnesota) on January 7, 1997 introduced the Hmong Veterans Naturalization Act of 1997. By waiving the five-year residence and English language requirement, the bill would expedite the naturalization of aliens (or their spouses or widows) who served with a special guerrilla unit operating in Laos in support of the United States between 1961 and 1978.
H.R. 574 -- Representative Patsy Mink (D-Hawaii) on February 4, 1997 introduced a bill to relax the standards of naturalization for immigrants who have resided in the U.S. for at least 20 years, are eligible for Social Security benefits, are U.S. veterans, or are at least 70 years of age.
H.R. 602 -- Representative Barney Frank (D-Massachusetts) on February 5, 1997 introduced a bill authorizing the Attorney General to waive the English language requirement for the naturalization of aliens over 65 years of age who have lived in the United States as legal permanent residents for "periods totaling" at least five years.
H.R. 662 -- Representative Carrie Meek (D-Florida) on February 10, 1997 introduced the Naturalization of Older Persons Act of 1997. The bill has 19 Democrat cosponsors.
H.R. 1223 -- Representative Christopher Shays (R-Connecticut) on March 21, 1997 introduced a bill to modify the English, U.S. history, and civics naturalization requirements for certain older applicants.
H.R. 1238 -- Representative Barney Frank (D-Massachusetts) on April 8, 1997 introduced legislation that would reduce the period during which a court has exclusive authority to administer the oath of allegiance to an applicant for naturalization from 45 days to 5 days.
H.R. 1239 -- Representative Barney Frank (D-Massachusetts) on April 8, 1997 introduced a bill that would permit the Attorney General to waive the requirement that an applicant for naturalization take an oath of renunciation and allegiance in cases where he/she would be unable to understand its meaning due to a disability or mental impairment.
H.R.3341 – Representative Richard Gephart (D-Missouri) on March 5, 1998 introduced the New American Citizenship Act to amend the Immigration and Nationality Act to strengthen the naturalization process.
Legal Immigration
S. 111 -- Senator Daniel Inouye (D-Hawaii) on January 21, 1997 introduced a bill to facilitate the immigration to the United States of certain Filipinos and Japanese fathered by U.S. citizens.
S. 1723 – Senator Spencer Abraham (R-Michigan) on March 6, 1998 introduced a bill to increase the cap on H-1B visas for skilled workers with new requirements for recruiting companies.
H.R. 347 -- Representative Bob Stump (R-Arizona) introduced on January 7, 1997 the Immigration Moratorium Act of 1997. The bill calls for a reduction in legal immigration from the current level of over 900,000 each year to about 275,000 a year.
H.R. 429 -- Representative Owen Pickett (D-Virginia) on January 9, 1997 introduced the NATO Special Immigrant Amendments of 1997. The bill would make civilian employees of NATO eligible for the same special immigrant status currently granted to employees of international organizations.
H.R. 793 -- Representative Nick Rahall (D-West Virginia) on February 13, 1997 introduced a bill to allow Persian Gulf evacuees who were paroled or otherwise admitted to the U.S. temporarily to adjust to permanent residence status after one year.
H.R. 890 -- Representative John Porter (R-Illinois) on February 27 introduced a bill to grant "special immigration" status to certain aliens working as journalists in Hong Kong.
H.R. 3736 – Representative Lamar Smith (R-Texas) on April 30, 1998 introduced legislation to increase the cap on H-1B visas for skilled workers with new requirements for recruiting companies.
Asylum and Refugees
S. 1374 – Senator John McCain (R-Arizona) on November 5, 1997 introduced a bill to clarify that unmarried adult children of Vietnamese re-education camp internees are eligible for refugee status under the Orderly Departure Program.
S. 1504 – Senator Bob Graham (D-Florida) on November 9, 1997 introduced a bill to exempt Haitian refugees/asylees from the 1996 immigration reform bill’s bars regarding adjustment of status, allowing about 43,000 Haitians to become permanent residents.
H.R. 825 -- Representative Carolyn Maloney (D-New York) on February 25, 1997 introduced a bill to require the Attorney General to develop regulations to grant asylum on the basis of "gender-related persecutions."
H.R. 2442 – Representative Carrie Meek (D-Florida) on September 9, 1997 introduced the Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997 to amend the Immigration and Nationality Act to clarify the relief available under current law, to provide additional relief and procedural rights for certain aliens who would otherwise be ineligible for such procedural rights.
H.R. 3033 – Representative Carrie Meek (D-Florida) on November 12, 1997 introduced legislation to exempt Haitian refugees from the 1996 immigration reform bill’s bars regarding adjustment of status.
H.R. 3049 – Representative John Conyers (D-Michigan) on November 13, 1997 introduced legislation similar to H.R. 3033.
From the Bar
- California’s Proposition 187 Struck Down
Stating that the enactment of federal welfare reform in 1996 reinforced the fact that California is "powerless to enact its own legislative scheme to regulate immigration," Judge Mariana Pfaelzer struck down nearly all the remaining provisions of Proposition 187. Prop 187, a ballot initiative passed by California voters in 1994, would have eliminated public education, health care, and social services to undocumented or unauthorized immigrants. Judge Pfaelzer’s March 17 ruling reiterated and underscored her preliminary November 1997 ruling that the California ballot initiative unconstitutionally usurped federal authority regarding immigration. Criminal penalties relating to the production or distribution of fraudulent documents remain in place. Governor Wilson considers the decision "fundamentally flawed" and expects the state to appeal.
The Tickler...
- Coming soon, still: definition of "federal public benefit" from HHS and final regulations on verification from INS.
- The Council of Jewish Federations (CJF) will sponsor another satellite broadcast on June 3, 1998. The topic for this televised discussion will be "Restructuring the INS." For more information, contact your local CJF affiliate or the CJF Washington Action Office at 202-785-5900.
- The Carnegie Endowment for International Peace’s International Migration Policy Program has also developed an INS reorganization proposal. The Project will summarize this proposal in future newsletters. For more information contact the Endowment at 202-483-7600.
Immigrant Policy Project resources on the World Wide Web …
Welfare Reform & Immigrants
Legislation to Watch offers summaries of laws and bills considered during the 1997-98 regular legislative sessions. Bill statuses are updated daily.
Issue Briefs contains our "Welfare Reform & Immigrants" series: State Trends, Temporary Assistance for Needy Families, Nutritional Assistance, Medical Assistance and Health Benefits, Supplemental Security Income, and the Q&A. Legal Issues and Naturalization will be added soon.
Other State Information includes session calendars, state contact information, and other useful information.
Immigrant Policy News is published by the Immigrant Policy Project of the State and Local Coalition on Immigration. Coalition members are: the National Governors' Association, the National Conference of State Legislatures, the United States Conference of Mayors, the National League of Cities, the National Association of Counties, and the American Public Welfare Association. The Project was originally funded by Andrew W. Mellon Foundation and is currently supported by grants from the Ford Foundation and the Emma Lazarus Fund. We are located in the Washington, DC office of the National Conference of State Legislatures. 444 North Capitol Street, NW, Suite 515, Washington, DC 20001 (202) 624-5400 FAX: (202) 737-1069.
Contacts:
NCSL: Sheri Steisel (202) 624-5400
NACo: Marilina Sanz (202) 393-6226
NGA: Nolan Jones (202) 624-5300
APWA: Elaine Ryan (202) 682-0100
USCM: Laura Waxman (202) 293-7330
NLC: Janet Quist (202) 626-3000
Editor: Ann Morse
Staff Writers: Jeremy Meadows
Contributors: Lynn Evans, Mary Katherine Burke, Ryan Cleveland, Micheal Hill (U.S. Catholic Conference)
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