Where’s the Amnesty for Women? : Barriers to Legalization Fall Most Heavily on Them

After nine months of the immigration legalization program it is evident that its provisions have a discriminatory impact on women. Legalization agencies are finding that while women constitute at least 50% of the undocumented immigrants, they are applying in numbers substantially less than that proportion.

There are three factors contributing to this shortfall: failure of the legislation to provide for keeping families intact, the stringent requirements for documentation of continuous residence for the past seven years, and the misconception among single mothers that they are absolutely disqualified because their U.S.-born children had received some public assistance.

Statistics compiled by the National Assn. of Latino Elected Officials cite fear of family separation as the main reason why undocumented immigrants have not applied in general. Under the present immigration service guidelines, the immediate relatives of successful applicants who cannot prove continuous residence are subject to deportation. This constitutes a major barrier for women because they, more often than men, come to the United States months and even years after their spouses. It is fairly common for men to migrate first and send their wages back home until enough has been saved for their household to be reunited in “El Norte.” The fear of family separation arises because in many cases only the father arrived before the Jan. 1, 1982, cut-off date.

Working women who are eligible are finding the paper chase to validate their continuous existence in the United States particularly difficult. In a higher proportion than men they tend to live in households with other adults, both familial and non-familial. Although they contribute to the rent, these women typically do not receive rent receipts in their own name. Immigrant women working in the informal sector of the labor force face additional difficulties. A recent study conducted in the Dallas and San Diego areas found that 31% of the working undocumented women were paid wages in cash, leaving them without proof of employment. Often, these women are unable to obtain the required employment verifications from reluctant employers. In major metropolitan areas like Los Angeles, experts believe this percentage of people paid in cash to be substantially higher.

Women who have remained at home to care for their families may face the greatest obstacles because they have neither wage stubs nor credit records in their own names that would prove their residence here.

Many single head-of-household women who temporarily received public assistance for their U.S.-born children are under the misconception that they are automatically disqualified as “public charges.” The law provides that the disqualification may be waived. In any case, it does not apply to those who received aid on a temporary basis and are no longer doing so. Nevertheless, this misconception prevails due to inaccurate or insufficient information.

There is concern in many quarters that only about one-third of the estimated 3.9 million undocumented immigrants eligible for legalization have applied. Legislation has been introduced to extend the period of application for legalization beyond the May 4, 1988, deadline. This bill should be supported. It is a well-thought-out measure to ensure that greater numbers of potentially qualified immigrants will come forward to apply. However, in the case of women, the mere addition of months will not suffice.

Congress should pass an amendment to the law providing for the automatic qualification of the immediate relatives of successful applicants for legalization. This change would comply with the principle of family unification, which is a basic tenet of United States immigration law.

In the meantime, the immigration service must develop and apply sound and humane family-unity policies that would address the fear of family separation.

A broad program of public outreach and education must be undertaken to dispel the misconceptions that are keeping qualified women from applying. It must include the INS, the private sector, labor unions, the media, churches and social agencies, school systems, women’s organizations and immigrant rights’ advocates. Such a united effort would encompass all aspects of these women’s lives, ensuring that they not only receive the message but are confident in its credibility.

The contributions of immigrant women to the development of our country are innumerable and invaluable. We can give those contributions a small measure of recognition by ensuring a fair and just legalization program that does not treat immigrant women as second-class persons.