Amnesty Backers’ Advice: Avoid INS Now--and Wait

Although Congress has passed the landmark immigration bill and President Reagan has promised to sign it into law, those who will most directly feel its impact--illegal immigrants and employers--remain highly uncertain about what that impact will be.

Experts assert that some of the questions will not be answered until the bill is fine-tuned through regulations written by the Justice Department. But some answers are already clear.

In general, the bill allows illegal aliens who have been in the country continuously since Jan. 1, 1982, to apply for legal status, and many illegal aliens who have lived underground for years are wondering whether they should surface now and file applications with the Immigration and Naturalization Service. The answer from amnesty advocates is a resounding no--the INS is not yet taking amnesty applications.

Until it does, said Warren Leiden, executive director of the American Immigration Lawyers Assn., immigrants would do well to seek early help, but not from the INS. “I strongly recommend that anyone get counsel from a party that is not obliged to report them to the government,” he said.

Employers as well could benefit from early advice, because the bill provides penalties for those who knowingly employ illegal aliens. They would learn that the sanctions do not apply to illegal aliens already on the job when the President signs the bill, which he is expected to do in about a week.

During the next six months, voluntary agencies and religious and legal groups will conduct a massive public education campaign. Experts recommend that illegal immigrants contact such organizations to help them determine if they can pass muster with the INS.

Following are answers to some of the questions about the law:

When may illegal aliens apply for amnesty?

As of May 1, when the Justice Department is required by the bill to establish the legalization program. In the meantime, experts say, aliens can get their applications ready for processing by dealing with designated agencies specializing in immigration. The INS has not yet designated the agencies, but it is expected to do so soon.

Will all illegal aliens who have been here continuously since Jan. 1, 1982, qualify for amnesty?

No. Convicted felons will not qualify, nor will those who have been convicted of three or more misdemeanors in this country. Aliens will not be given amnesty if they have “persecuted” others on the basis of race, national origin or other factors; if they are drug offenders (possession of 30 grams of marijuana or less excepted), or if they are national security risks or Communists.

What is the meaning of “continuous” residency since Jan. 1, 1982?

The law allows aliens to qualify for amnesty even if they have had “brief, casual and innocent” absences during that period, but the INS has not yet spelled out precisely what that means.

How much time is there to apply for amnesty?

Aliens will have one year, until April 30, 1988, to apply for temporary residence status and work permits. The next November, those granted temporary residency may apply for permanent residency.

What is the special program for farm workers?

It allows them to for apply for temporary residency if they can prove they have lived in the United States and worked in a farm-related industry for at least 90 days between May 1, 1985, and May 1, 1986. Those workers may apply between May 1, 1987, and Nov. 1, 1988.

Jerry Mackie, publications director of the Federation for American Immigration Reform, said it is possible that there will be more applications under this provision than under the general amnesty program. “If your goal is to defraud,” he said, “then you’d choose the easier method.”

What happens to aliens who falsify documents to qualify for jobs or amnesty?

If caught, they can be fined and jailed for up to five years. “The worst thing that can ever happen to you is to lie on immigration matters,” Leiden said. Those who do will lose all chance of gaining legal status later.

Will working under a phony name disqualify aliens from getting amnesty?

Not by itself, immigration lawyers say. This is a common practice, they say, and aliens who have engaged in it may qualify for amnesty if they can prove they are the same person who established a work record under the phony name.

Are legalized aliens subject to Selective Service requirements?

Yes. Those who are 18 or older must register for the draft.

What are the penalties for employers who knowingly hire illegal aliens after the bill becomes law?

Employers who hire illegal aliens before May 1, 1987, receive warnings, according to the American Immigration Lawyers Assn. Those who violate the law between next May 1 and May 1, 1988, face a warning for the first offense and fines for subsequent offenses. After that, the bill provides fines of up to $10,000 and jail terms of up to six months.

How many workers must an employer have in order to be subject to the sanctions?

One does it. This provision, known as the “Beverly Hills amendment,” means that families that hire a single housekeeper are covered.

What about employers who hire illegal aliens without knowing it?

If they can prove that they had made a good-faith effort to determine the status of such employees, they are not subject to penalties.

What kinds of records must employers keep?

Verification of workers’ legal status. Although the law is imprecise, the American Immigration Lawyers Assn. says employers can meet this requirement by examining such employee documents as immigration papers, driver’s licenses and birth certificates. The Justice Department will distribute forms on which employers must swear that they made proper verifications. Those who falsely sign the forms will be subject to perjury charges.

Many businesses see the provision as burdensome. Virginia Lamp, labor relations attorney for the U.S. Chamber of Commerce, said she fears the paper work requirement will be “excessive and too nit-picky.”

When will the INS provide more complete regulations?

Hard to say. Formulating the regulations will be “in many ways as important as” passing the bill, said Dale Frederick Swartz, president of the National Immigration, Refugee and Citizenship Forum. “It will be interesting to see what kind of politics go on at Stage II of the process.”

Congress could provide further complications if it decides to tinker with the new law when it returns to work in January.

Will the legislation achieve its goals of treating fairly the millions of illegal aliens here, while at the same time protecting them from exploitation and our borders from illegal crossings, which seem to occur at will?

“Nobody knows,” said Mackie of the Federation for American Immigration Reform. “It will only work if the American people want it to work.”