Rep. Gephardt Introduces Legalization Bill

IMMIGRATION LAW & POLICY

Congressional Developments

REP. GEPHARDT INTRODUCES LEGALIZATION BILL
Immigrants' Rights Update, Vol. 16, No. 7, November 22, 2002

As Congress was getting ready to adjourn prior to this month's general election, Rep. Richard Gephardt (D-Mo.) introduced legislation that would adjust the status of undocumented immigrants, including college-bound students, with long-time residence in the U.S to lawful permanent residence. The legislation would also remove immediate relatives (spouses, unmarried minor children, and parents) of U.S. citizens from the worldwide cap on family-sponsored immigrants, thereby reducing the current backlog of visa applicants. Gephardt introduced his Earned Legalization and Family Unification Act on Oct. 10, 2002.

Although the bill has backing from immigrants' rights advocates as well as the U.S. Chamber of Commerce, at present it lacks bipartisan support. For it to have a chance of being approved in the next congressional session, the bill would need Republican sponsorship, especially given the fact that Republicans will control both houses beginning in January.

Below are highlights of the bill:

• Persons with five years of continuous residence who are employed for 520 days during a five-year period, pay taxes, and demonstrate minimum English skills and knowledge of American history would be eligible to adjust their status.

• Children and spouses of immigrants who do not otherwise qualify under the law would be able to adjust if they are accompanying or following to join the eligible immigrant.

•Persons whose parents are lawful immigrants and who are under 25 years of age, but who do not otherwise qualify for adjustment through their parents, would be able to adjust their status if they are enrolled in school at or above the seventh grade level, have continuously resided in the U.S. for five years, and are of good moral character. The bill would not allow parents to legalize their immigration status through their children except through the family-based visa system currently in place.

• Persons with three misdemeanors or a felony would be ineligible to adjust under this new legalization provision. However, certain grounds of inadmissibility, including those pertaining to document fraud, student visa abuse, and unlawful presence, could be waived. Other grounds, such as those related to criminal convictions, drug offenses, and national security concerns, could not be waived. Although the public charge ground of inadmissibility could not be waived, a special rule would allow applicants to demonstrate that they are not likely to become a public charge by presenting proof that they have a history of employment and self-support without resorting to public assistance.

• Applicants and eligible dependents would be eligible for work authorization while their cases were pending.

• Persons who provided false statements would be penalized.

• Applications would be confidential except in instances where fraud is suspected or a law enforcement agency requests information in connection with a criminal investigation or prosecution.

• If they presented a prima facie case for eligibility, individuals would not be removed from the U.S. and would be eligible for work authorization while their cases were pending.

• The legislation provides for a single level of administrative review of decisions on applications, followed by judicial review for a denial of an application.