Bill to Ameliorate Some Harsh Aspects of the 1996 Immigration Laws
Posted May 29, 1999

On April 20, 1999, a bipartisan group of representatives introduced the "Family Reunification Act of 1999" in the House of Representatives (H.R. 1485). As we have mentioned in previous editions of the Law Office of Sheela Murthy's Immigration Law Bulletin, in 1996 two draconian immigration laws were passed which severely limit the ability of non-citizens, including long-term permanent residents, to qualify for relief from deportation.

A recent example that we came across at the Law Office of Sheela Murthy is where a long time permanent resident (over 15 years) filed for U.S. citizenship and because the person had issued a check about 10 years ago and another check about 3 years ago with insufficient funds, and been convicted for writing such bad checks, and even though all money owed on those checks had been paid in full, the INS has now commenced removal proceedings against this person. The person is in all other respects a law-abiding person, with a spouse who is dependant financially, and several U.S. citizen children. The 1996 laws now make it impossible for this person to remain in the U.S. unless some legislative remedy is introduced.

Even the INS Commissioner, Doris Meissner has pointed out (see the April 1999 Immigration Bulletin of the Law Office of Sheela Murthy) that these laws enable persons to be removed (what was formerly called "deported") based upon crimes committed several years ago, and do not provide the INS or an Immigration Judge the discretion to consider the sympathetic aspects of particular cases in order to cancel the removal/deportation of those who may deserve special compassion. The 1996 laws also make detention mandatory in many instances, even when the person poses no danger to society. The 1996 immigration laws have had the effect of separating families of citizens and permanent residents.

H.R. 1485 aims to restore the opportunity for certain long-term, permanent residents who have been convicted of crimes to apply for discretionary waivers of deportation/removal. As with any form of relief, there are specific eligibility requirements. With some modifications, H.R. 1485 enables persons who meet these requirements to apply for the waiver previously known as 212(c), and restores the possibility of suspension of deportation for certain non-permanent residents with criminal convictions. The bill also enables persons who pose no danger to society to be released from detention while the application for discretionary waiver is pending.

It is important to recognize that even though prior to the 1996 laws many people with convictions were able to apply for some type of relief from deportation, that did not mean that all, or even most, of these applications were approved. In addition to proving the length of residence, it was still necessary to convince the Judge that the applicant has been rehabilitated, that the applicant or his or her family members would suffer extreme hardship if the deportation occurs, and that the applicant truly deserves the favorable exercise of discretion. H.R. 1485 would NOT provide an amnesty or blanket waiver, but rather restore the opportunity to apply for relief and have the judge consider the merits of one's individual circumstances. After all, the U.S. is still considered a nation of humanitarian laws, unlike totalitarian regimes!

Of course as H.R. 1485 goes through the usual legislative process, it may undergo changes and amendments. At this point the bill has a long way to go before being enacted. Still, we find it very encouraging that Members of Congress of both parties appear to have gotten the message that the 1996 laws hurt American families. The Law Office of Sheela Murthy urges our readers to bring sympathetic cases to the attention of your Congress persons, in order to underscore the urgency of passing H.R. 1485.