Fix '96 and Other Immigration Issues

When Congress passed and President Bill Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, it was not clear to many observers whether they truly understood the devastating and wide spread effects this new law would have on the immigrants who may have been in this country for many years and suddenly find that they are at odds with the law. These individuals are suddenly faced with deportation.

The 1996 law is harsh, because it is applied retroactively. It brought about the absolute implementation of "mandatory removal rules" that had not existed prior. Before IIRIRA, the judicial system had the authority to review each case individually and determine if the "offense" truly warranted deportation to the individual's country of origin. This was especially true in situations where the offense or the so-called offender did not commit a crime that would be seen as a danger to society. Prior to 1996, exemptions were made at the discretion of the judge and the Immigration and Naturalization Service.

Sometimes sharing actual stories is the best way to truly understand situation. That is certainly the case as we try to understand how the 1996 IIRIRA law has affected individuals, families and the work place. IIRIRA has brought about disruptions in families, schooling, and employment. Remember as you read and become familiar with the stories recounted below; IIRIRA did not exit when many of these individuals came into this country. Often the offenses they committed would not have been the subject of extreme punishment had the IIRIRA not existed. It is also the case that many of the offenses identified below would not have warranted even an arrest had a citizen of the U.S committed them.

Those who find themselves surprisingly caught up in the mandatory removal rules are often put in jails with hardened criminals. There is no appeal process for them. Deportation is almost certain.

Thanks to the work of the National Immigration Forum, we are beginning to hear these stories of tragedy. The Forum asked that social service agencies and others share stories of hardship that have resulted in the wake of the harsh anti-immigrant laws passed by Congress in recent years. The IIRIRA has certainly been one of the harshest.

Stories from Media Sources

From the Atlanta Journal and Constitution (Jan 10, 2000) by Doug Payne:

"Changes in immigration law have left a Covington woman who has lived in the United States virtually all of her life facing deportation over a hair-pulling incident more than a decade ago. Mary Anne Gehris was born in Germany in 1965 and brought to the United States by her adoptive parents in February 1967. Since then she has experienced a fairly typical American life: growing up in a loving family, going to school and the senior prom, graduating, getting a job, struggling to make ends meet, finding Mr. Right. But suddenly, she is a victim of one of the things Americans are supposed to be free from-fear.

Gehris faces deportation because of reforms to immigration law made in Congress in 1996. The laws were designed to expedite the removal of people convicted of crimes of theft and violence, but many immigration advocates say the laws went too far and have led to the deportation of immigrants convicted of relatively minor crimes, such as shoplifting."

From the Washington Post (March 2000) by Susan Levine

Amedina, Ohio-"The Americanization of Joso Herbert began in 1987, when an 8-year-old boy from Brazil flew north to become the adopted son of a small town Ohio insurance salesman and hairdresser. Blessed with an ebullient spirit, he embraced his new family, his new home, his new world. English quickly replaced Portuguese. Football eventually supplanted soccer. By high school, his father boasts, he could nail a field goal from 50 yards.

Unfortunately, by then he'd embraced some less desirable aspects of American youth, too. Herbert fell in with the wrong crowd, partied with booze and pot. And just two months after high school graduation in 1997, he sold 7.5 ounces of marijuana to a police informant in his hometown of Wadsworth.

This Friday, he stands to be kicked out of his adopted country-for the rest of his life. The U.S. government intends to banish Herbert-first time offender sentenced only to probation and community treatment-and send him back to an alien land. He knows no one in Brazil, and he no longer understands the native tongue. At 22, he has few recollections of his early years in Sao Paulo, although he remembered that his orphanage overlooked a slum.

Through the thick glass of the visitation cubicles at the county jail where he's been held since last March, he'd plead with his mother: I'm your son, right? They can't take me away, can they? Show them the adoption papers."

From The National Immigration Forum (May 9, 200)

"For doing her civic duty, an immigrant faces deportation. Growing up in America, where she has lived since she was adopted at three months of age, Julia Parker learned that it was her civic duty to vote in our democracy. When she turned 18, she did. Unfortunately, as she later found out, she is not a U.S. citizen. Immigrant children adopted by U.S. parents are not automatically citizens. In Ms Parker's case, her father died before completing the paperwork, and so she is technically not an American. An innocent mistake, except that in 1996, Congress passed the Illegal Immigration Act (IIRIRA), a sweeping law that contains many harsh provisions that are now wreaking havoc with American families. On e of those provisions makes it a felony for non-citizens to vote. There are no exceptions for innocent mistakes like Ms. Parker's. She faces the prospect of being deported to Eritrea, where she was born."

From The National Immigration Forum (May 12, 2000)

"Apolinaro and Joanna Soto had been married one year when the government stepped in to force them apart. Joanna is a U.S. citizen. Apolinario, whom she met at the fast-food restaurant where they both worked, would qualify for an immigrant visa, as the husband of a U.S. citizen. The only way he can obtain that visa, however, is to return to his home country-El Salvador-where it would be processed by the U.S. Consulate.

The catch: the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) contains a provision that bars the reentry into the U.S. of persons who have been here without proper papers. Because Apolinario had been here without proper papers for more than a year, he is barred from reentering the U.S. for 10 years. Because of the 1996 law, new American families like that of Joanna and Apolinario must spend years apart. Exceptions are hard to come by."

Fix '96 Campaign

The Presbyterian Church (U.S.A.) along with other denominations and immigrant advocacy groups has supported the FIX '96 Campaign. This campaign urges Congress to ease the stringent laws that do not take into account the circumstances of the nature described above.

These stories indicate the need to change the 1996 immigration law that has snared unsuspecting individuals in its extremeness. The religious community and immigrant advocacy groups are urging Congress to ease some of the strictness of this law so that families are not separated, minor youthful activities and incomplete citizenship papers do not cause someone to be sent back to a country where they may no longer have any ties.

Vigilante Attacks

The stories above go to the heart of many of those who have been in this country for years, but many not have ever completed the necessary paper work to become legal residents or citizens. The situation of illegal border crossings is still a major concern to the INS and to our southern Border States. The plight of those who cross illegally continues to raise questions. These stories are all too familiar to us. What may not be familiar are the new developments in the way local people are responding to these undocumented entrants.

A Tucson, Arizona television station, KOLD, and other local media have begun to document what is being described as "vigilante" attacks on undocumented immigrants from Central America. Since April of this year, approximately 20 attacks have been noted. Some of the so-called "vigilantes" have been accused of stopping vehicles on public road ways while detaining and assaulting people at gun point, and shooting at undocumented immigrants.

The Presbyterian Church (U.S.A.) certainly does not condone illegal immigration during times when there is no threat of danger to the individuals within their own country. However, the policies of the church as well as our understanding of the biblical mandate to care for the stranger in our midst, would suggest that we support the work of groups like the Coalicion De Derechos Humanos/Arizona Border Rights Project of Tucson Arizona.

Former General Assembly Moderato John Fife and South Side Presbyterian Church are working closely with this Coalition. Their goal is to find a way to stop the vigilante attacks against undocumented immigrants who find themselves in that part of the country. There is great concern about the growth of vigilante attacks on these undocumented immigrants.

Labor Union Change of Heart

In a Feb. 10, 2000, editorial, the Miami Herald called for lifting the harshness of U.S. immigration laws when it comes to finding temporary workers. According to the editorial, "It's past time to reverse course. For starters Congress should expand the number of H-1B temporary-work visas available for skilled professionals, and consider suspending labor-certification requirements for immigrant visas in periods of such low unemployment. It should repeal provisions that retroactively mandate legal, employed residents deported for long-ago crimes. And it should restore provisions 245(I), so that immigrants married to U.S. citizens may legalize their status while staying and working in this country."

There has been a change of heart toward immigrants on the part of labor unions. On Feb. 6, 2000, the Executive Committee of the AFL-CIO voted unanimously for a resolution that calls for the repeal of the I-9 system of employer sanctions and for the legalization of undocumented immigrants who are currently in the U.S. There is a labor shortage both at the skilled and unskilled levels. Labor unions, usually hostile to undocumented workers, have now joined justice advocates in calling for the repeal of employer sanctions.

Written by Elenora Giddings Ivory of the Washington Office, Presbyterian Church (U.S.A.).

Suggested actions:

It is not unimportant to call your current elected officials and ask them to vote FIX'96. Ask them to vote to ease the harshness of the IIRIRA before the end of the 106th Congress and start the 107th off with a cleaner slate on immigration issues. Congress has a limited schedule for the remainder of 2000. This being an election year means that they will spend a great deal of time out of Washington and in their home districts. All members of the House and a third of Senate are up for re-election. As you attend town meetings or candidates forums, this may be one of the issues you ask about before you select your candidate at the voting booth.

Addresses:

The Honorable_________
U.S. House of Representatives
Washington, DC 20515

The Honorable________
U.S. Senate
Washington, DC 20510

Capitol Switchboard: (202) 224-3121

Check Your Newspapers

You may have stories similar to those shared in this publication happening in your area. If yes, share them with your elected officials and demand that they be taken seriously. If your newspaper and other media have neglected these stories, chances are your local immigrant services ministries would know what is truly happening in your area. They would be Catholic Charities, Lutheran Social Services, Salvation Army or Jewish Federation. You may want to volunteer to help with such situations.

General Assembly Guidance:

The 202nd General Assembly (1990), in recognizing the special claim that immigrants make on Christian conscience and the contributions they make to U.S. society, take the following actions regarding these general principles…and reaffirm the following principles, which are part of past General Assembly actions, as the basis for evaluating and advocating changes in U.S. immigration policy. Any immigration policy must:

1. Provide for the human needs of refugees and immigrants;
   
2. Assure non-discriminatory humanitarian aid and application of laws and policies,
   
3. Uphold full constitutional and civil rights for refugees and immigrants as well as for U.S. citizens;
   
4. Protect the lives of person,
   
5. Give special consideration to the needs of women, children, individuals with special needs, and the unification of families,
   
6. Ensure provision of adequate resources, as needed, to communities in order to reduce possibilities of conflict between immigrant groups and racial ethnic U.S. citizens, and
   
7. Combat vigorously any expression of racism either in policies or the implementation of them.