SAN Alerts
Community to Beware of Rumors about Legalization
South Asian Network believes
that the US government’s proposed “legalization”
program is a very shallow approach to legalization.
Very few people will qualify under it and many
community members will be penalized and criminalized
by it. A SAN statement adds:
It is possible that because the two sections of
Congress are so divided and because this issue
is so controversial, no new immigration law will
pass at this time. In many ways, SAN believes
that no passage of the current proposals is the
best thing that could happen. Here’s why.
IS A NEW IMMIGRATION LAW
GOING TO BE PASSED?
With immigration so much in the news lately, and
all the discussion about new immigration laws,
rumors have been running rampant in our communities
that legalization or amnesty is sure to come.
Some people, even in our home countries, have
started gathering their evidence, and the usual
corrupt lawyers and “experts” are
urging community members to come forward and begin
“the process”…for a fee, of
course. It is understandable that our communities’
desperate need for immigration papers would lead
us to believe that a solution is right around
the corner. But nothing could be further from
the truth.
At this point, the House of Representatives has
passed its immigration proposal, known as the
Sensenbrenner Bill or HR 4437. It is an extremist
bill that, among many other things, would make
it a crime to just be in the h US without immigration
status or to assist anyone who is undocumented.
This proposal is opposed to any type of legalization
or amnesty. Millions of people have protested
in the streets of Los Angeles and other cities
against this proposal.
The Senate passed its proposal on May 25, 2006.
There is only one proposal in the Senate for a
so-called “legalization” program.
Remember that proposals or bills do not become
law until the two sections of Congress, the House
of Representatives and the Senate, agree to it
and the President signs it. This may not happen
for several months, and it is important that our
community’s voices be heard during this
process.
WILL I BE ABLE TO LEGALIZE?
As it stands now, the Senate’s “legalization”
proposal divides undocumented immigrants living
in the US into three different classifications,
based on how long you have lived in the US:
1. Those in the country less than two years –
that is, persons who entered the country after
January 7, 2004 - basically get nothing and would
be required to depart immediately.
2. For undocumented immigrants who have lived
in the US since at least January 7, 2004 but less
than five years:
• You may be given permission to live and
work in the US for three years.
• You would then have to find someone to
sponsor you for legal residency (for example,
an employer or a family member), or else leave
the country at the end of the three years.
• Even if you found a way to legalize your
status, you would most likely still need to leave
the country before your 3-year permit expires,
plus wait up to 8 years for the backlog to clear
up.
3. For undocumented immigrants who have lived
in the US longer than five years – that
is, since before April 6, 2001:
• You would first have to apply for temporary
work permits for six years.
• After completing six years as a temporary
worker, you would have to wait up to 2 years before
you might be granted permanent legal status.
• To be granted permanent legal status under
this law, you would also have to prove that you
have worked at least 3 years prior to April 2006;
have background checks; pay at least $3000 in
fines; pay all of your back taxes, and learn English,
among other requirements.
• After 5 years of being a legal permanent
resident, you can apply for citizenship. Therefore,
it will be at least 13 years before you can become
a citizen. Given the past experiences of community
members with Immigration Service, this could take
much longer.
HOW WILL THESE REQUIREMENTS
AFFECT MY COMMUNITY?
Some of these legalization requirements would
particularly impact South Asians. For example,
in certain cases, if you entered the US legally,
such as with a student, tourist or business visa,
but are now out of status, you may NOT be able
to legalize.
Another reason why you might not qualify for this
“legalization” program is if you failed
to “comply with any request for information…”.
It is possible that this could include anyone
who failed to respond to Special Registration
notices or orders.
And one of the most harmful provisions says that
if you have committed “fraud”, you
would be ineligible to legalize. This means that
if you have ever worked in the US with false documents,
used a fake social security number, or lied about
your status in order to get a job, you will NOT
be able to legalize. Many of us have done this
because we need to work in order to survive and
support our families.
In addition to this harsh measure US citizens
with certain criminal convictions would not be
able to petition for family members.
As the debates and negotiations continue, we can
expect this “legalization” program
to become even more limited, and for even less
people to qualify for legalization.
WILL I BE DEPORTED UNDER
A NEW LAW?
All of the proposals include harsh enforcement
provisions that in one way or another, would impact
everyone. For example, these bills say that:
• More immigrants will be jailed in immigration
detention centers for months or even years while
waiting to get deported.
• Immigrants will be jailed forever if their
home countries do not accept them.
• The number of immigration detention beds
will increase by 50%.
• More immigrants will be deported without
seeing an Immigration Judge.
• People who help undocumented immigrants
such as family members and co-workers will be
subject to jail time.
• Some minor crimes will be considered “aggravated
felonies.” Anyone convicted of an aggravated
felony, including legal permanent residents, would
almost automatically be deported.
• Border security will be increased and
the size of the Border Patrol will double.
• Local police will get the authority to
enforce immigration laws.
• All US workers will be subject to an electronic
employment verification system.
Thousands of our community members have already
been targeted and deported under current enforcement
measures. These proposals would increase the targeting,
racial profiling, and harassment of our communities
and ultimately result in more families being torn
apart.
WHAT SHOULD I DO?
The current Senate compromise is probably the
best this Congress can do at this time. The question
is: is this good enough? Are immigrants and their
families willing to accept this so called “legalization”
with all its hidden traps? Are we willing to live
with the enforcement provisions that come with
it? If this immigration law passes this year,
will the millions of immigrants here now who will
no doubt not make it down this “path to
citizenship” have to wait another twenty
years for a chance at justice?
Millions of immigrants, their families, neighbors
and co-workers have marched and rallied in cities
across the US. You are making incredible sacrifices
to raise your voices for yourselves and future
generations, in the face of retaliation and disciplinary
actions from employers and schools. We call for
the South Asian community to raise our opposition
to these bills. We call upon Congress and the
Administration to stop masking these proposals
as immigration reform, and to listen to the voices
of immigrant communities demanding genuine immigration
reforms: real legalization, equal inclusion in
our society, justice, and respect for human rights.
For further information please call SAN at 562-403-0488
or www.southasiannetwork.org
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