Settlements Reached In CSS And LULAC/Newman; Amnesty Application Period For Class Members Could Begin In March

IMMIGRATION LAW & POLICY

Obtaining Lawful Permanent Residence Status

SETTLEMENTS REACHED IN CSS AND LULAC/NEWMAN; AMNESTY APPLICATION PERIOD FOR CLASS MEMBERS COULD BEGIN IN MARCH
Immigrants' Rights Update, Vol. 17, No. 8, December 18, 2003

Attorneys representing undocumented immigrants in Catholic Social Services v. Meese and Newman v. Bureau of Citizenship and Immigration Services (formerly League of United Latin American Citizens (LULAC) v. INS) have announced that the secretary of Homeland Security has approved settlements in the cases that will allow class members to apply for permanent resident status beginning about March 2004.

The two class action lawsuits were filed while the Immigration and Naturalization Service was implementing the amnesty program provided for by the Immigration Reform and Control Act of 1986. The amnesty program provided a means by which undocumented immigrants who had resided continuously in the United States between 1982 and 1987 could eventually become lawful permanent residents. The two lawsuits were filed in response to an INS policy of rejecting applications submitted by individuals who had traveled abroad for brief periods during the required period of continuous residence in the U.S.

After almost 15 years of litigation, during which the two cases were appealed first to the Ninth Circuit Court of Appeals, then to the Supreme Court, which remanded them back to the federal district courts in which they had first been filed, the parties began settlement discussions in Jan. 2003 after both courts indicated they were prepared to enter final injunctions against the INS. The parties reached settlement agreements in May 2003, but each agreement required the consent of the Dept. of Justice and the secretary of Homeland Security. After the government consented to the agreements (on Nov. 17, 2003), the courts issued notices to the class members in each case announcing the agreements and giving class members 30 days (until Dec. 29, 2003) to file any objections to them.

It is expected that the courts will grant final approval of the settlements in early Jan. 2004. If they do, in approximately March 2004 a one-year period will begin during which class members will be permitted to file applications for amnesty under the provisions of the 1986 amnesty law. The plaintiffs' attorneys estimate that as many as 200,000 people might be eligible to apply for amnesty under the terms of the settlement agreements.

As during the initial amnesty application period, amnesty applications filed under the settlement agreements will be confidential, and the government is prohibited from using the information in them to begin removal proceedings against applicants who are found not to qualify for the benefit. Class members also will be entitled to work authorization while their amnesty applications are processed by U.S. Citizenship and Immigration Services.

For further information about the settlements, contact Peter Schey (323-251-3223) or Carlos Holguin (213-388-8693 x. 109) of the Center for Human Rights and Constitutional Law, or go to the center's Web site at www.centerforhumanrights.org.