The Nation : Suit Challenges INS on Visa Violations

A group of aliens and immigration lawyers filed suit in Washington against the Justice Department, contending that its interpretation of the 1986 Immigration Reform Act may deprive as many as 50,000 aliens of a chance to become citizens. The class-action suit focuses on students, tourists and others who entered the United States legally before 1982 but violated terms of their visas. If the violation was “known to the government” at the time, the 1986 law declared, the aliens can apply for citizenship. The immigration lawyers say that pay stubs showing income or Social Security taxes withheld show that the government knew the aliens were working here. But the INS says the aliens must have informed the INS of their visa violation. The suit asks that the INS be enjoined from using its rigid standard or that the May 4 deadline for applying for citizenship be extended.