INS Halts Deporting of Aliens Who May Qualify for Amnesty

The U.S. Immigration and Naturalization Service formally ordered its agents Friday to halt deportation of illegal aliens if it appears that they are entitled to stay in the country under a newly enacted amnesty.

The rules do not satisfy a number of immigrants’ rights groups who contend that the INS must go even further and tell illegal aliens apprehended of their rights under the amnesty program.

And the groups contend that there are flaws in the agency’s guidelines, including a broad provision that states that enforcement of immigration in border areas should continue as it has under the old law.

Under the instructions issued to INS offices throughout the country, immigration agents will fill out a checklist to determine if an alien has lived or worked in the country long enough to begin the multi-step procedure that can lead to permanent resident status and citizenship.

Standards to Qualify

To qualify, the illegal aliens must be prepared to show that they have lived in the United States since Jan. 1, 1982, or have spent at least 90 days or more doing agricultural work in the country in a 12-month period ending May 1 of this year.

Along the border and between ports of entry, however, “it will be business as usual,” according to the rules that were wired to all INS offices.

The announcement of the instructions came only hours before a U.S. District Court judge here was to rule on a request for a temporary ban on deportations requested by immigrants’ rights groups representing several aliens who face possible deportation.

In that case, attorneys representing Catholic Social Services and others argued that the new government guidelines did not go far enough and might still mean deportation of some aliens who would be eligible for amnesty. In particular, attorney Ralph Santiago Abascal of California Rural Legal Assistance objected to the apparent exemption along the borders.

However, Assistant U.S. Atty. Glyndell Earl Williams said the exception applied only to those who were caught entering the country illegally.

U.S. District Judge Lawrence K. Karlton said the guidelines make it clear that the government is making a good-faith effort to comply with the new law, which was signed earlier this month by President Reagan. But he did indicate his concern for an unknown number of illegal aliens who had voluntarily agreed to leave the country after the new law was signed Nov. 6.

Karlton agreed to hear arguments next week on whether or not the government has an obligation to find those people and inform them of their rights under the new immigration law.

Deportations Cited

In filing the lawsuit, attorneys for the immigrants’ rights groups argued that the INS was continuing to deport 2,700 aliens a day--more than 20,000 people--since Reagan signed the new immigration act into law. How many of those might qualify to stay under the amnesty is uncertain.

Attorney Peter A. Schey of the National Center for Immigrants Rights described widespread confusion in INS offices in California about how the new law will be implemented.

“There is total chaos at the present time,” he said.

However, Williams contended that the INS had already informed its agents to hold up deportation of anyone who might appear to satisfy the new law.

The amnesty provisions are part of a broad revamping of immigration law that imposes penalties on those who employ illegal aliens. The law considers aliens who leave the country for a “brief, casual and innocent” absence as continuous residents.

A key issue in the case is the kind information given illegal aliens apprehended by immigration agents and how to handle deportation until May, when those covered by the amnesty can formally apply for legal status.

Attorney Stephen Rosenbaum of California Rural Legal Assistance told reporters that the INS ought to be telling all aliens in their native languages what their rights are under the amnesty program. But an INS spokesman in Washington said that is not an obligation of the government.

Before the court hearing, Williams accused the lawyers on the other side of being impatient “because the INS did not put out rules for eight days after the bill has passed . . . because someone might be deported in the interim, they were rushing to the judge.”

Nov. 6 Instructions

The western regional office of INS issued instructions Nov. 6 that agents should examine whether illegal aliens who are apprehended might qualify for legalization, and that those who appear to qualify should not be deported, Robert Moschorak, associate regional commissioner for operations, said Friday.

“We took the initiative here in the western region of INS, without awaiting guidance from Washington,” Moschorak said.

INS agents since Nov. 6 have apprehended 1,313 illegal aliens in the San Diego and El Centro areas, not counting the immediate border area or jail checks, Moschorak said. Of this number, 27 appeared to qualify for legalization and were released, he said.

Large-scale apprehensions of illegal aliens in Los Angeles and Orange counties have been suspended since Nov. 6, pending instructions from Washington, so there are no equivalent figures for these areas, Moschorak said.

Staff writer David Holley contributed to this story from Los Angeles.