Panel in House Votes to Extend Alien Amnesty

In a major victory for advocates of illegal aliens, the House Judiciary Committee Thursday approved legislation extending the government amnesty program, set to expire May 4, to Nov. 30.

The 22-12 vote, with most Democrats supporting and most Republicans opposing, came immediately after the panel’s immigration subcommittee approved the legislation on a 7-3 vote. The bill also authorizes $2 million for a public information program.

Rep. Howard L. Berman (D-Panorama City), a committee member known among activists as the “unsung hero” of the extension effort, said after the vote: “Three months ago, the conventional wisdom in Washington was that there was no life in the proposal. But we’ve come a very, very long way.”

Pending in Senate

The smoothness with which the measure passed both panels indicates that its chances are good in the full House, which is expected to take it up after an Easter recess. A bill extending the amnesty program by a full year is pending in the Senate. However, Sen. Edward M. Kennedy (D-Mass.), author of the bill and chairman of the Senate Judiciary Committee’s immigration subcommittee, is willing to accept a six-month extension. Senate leaders are waiting to see what happens to the House bill before taking action.

“If it comes out of the House with a good head of steam, then I think the Senate will follow suit,” said Jerry M. Tinker, staff director of the Senate subcommittee.

The House committee action culminates months of lobbying efforts by immigrant rights activists who put on a full-court press during the last week. The activists have asserted that the program should be extended because it was attracting far fewer applicants than they expected. They blamed the Immigration and Naturalization Service for dragging its feet on its information campaign; delaying the processing of applications; making requirements unfair and too strict and being inconsistent in documentation requirements.

All of this, the activists said, contributed to the low turnout. Some 1.1 million people have applied for legal resident status under the program, but activists contend that several million more could be eligible.

However, the Immigration and Naturalization Service opposes an extension, insisting that during the next few weeks a last-minute surge of applicants will take place. On Wednesday, INS Commissioner Alan C. Nelson, and Ernest Gustafson, the INS district director from Los Angeles, both testified before the House immigration subcommittee, defending INS community education efforts and asserting that at least 90% of the illegal immigrants know about the program.

Nelson warned that extending the program for a year would cost $30 million to $40 million, and he said that “one option” would be to raise fees paid by applicants during an extension.

Details INS Provisions

The commissioner reminded the House members that earlier this month the INS announced that it would allow illegal aliens an extra 60 days to provide full information and other documentation--if they filed by the May 4 deadline. The INS also made it easier for private agencies to collect fees for finding applicants and it said that each state could help process illegal immigrants.

“These steps,” Nelson testified, “provide ample opportunity for all eligible aliens to apply for this generous benefit by the May 4 deadline.”

But the House Judiciary committee found the arguments of the extension proponents more persuasive.

Assemblyman Richard Polanco of Los Angeles, one of many supporters of the extension who was in Washington this week, noted that the state Assembly on March 24 voted 60 to 0 for a resolution urging extension of the amnesty program. He said: “It is clear to me that my Democrat and Republican colleagues agree that every chance must be given to legalize as many eligible undocumented immigrants as possible.”

Foundation Issues Report

Also bolstering the case for a six-month extension was a report financed by the Ford Foundation and released Tuesday. The report, conducted by Transcentury Development Associates, said that an extension will attract more applicants, allow them to save money for fees and bring the main legal amnesty program in line with a program for farm workers. The farm program, which will run for 18 months, ending Nov. 30, has attracted about 400,000 applicants.

Several committee members are strongly opposed to the measure. Rep. Pat Swindall (R-Ga.), who opposed the original amnesty program, asserted that an extension “takes a bad idea and makes it worse.”

But Rep. Peter W. Rodino Jr. (D-N.J.), the committee chairman, led a vigorous defense of the bill, asserting that “it would be a shame” not to make an additional effort to reach eligible immigrants.

Even as they celebrated their victory, immigrant activists urged illegal aliens not to delay applying for legal residency just because they believe the extension is a sure bet.

“Everybody who can apply should be doing it,” said Warren Leiden, executive director of the American Immigration Lawyers Assn.

The amnesty program is open to people who have stayed in the country illegally--except for brief absences--since before Jan. 1, 1982.

Judge Allows Documents

In another development that could increase the number of applicants for amnesty, U.S. District Judge Stanley Sporkin ordered the Reagan Administration to accept documents from any federal agency as evidence that an immigrant was known to the government as illegal before Jan. 1, 1982.

The ruling applies to people who entered the country legally and then violated the terms of their visas, such as students and tourists. One of the requirements of the amnesty program for these people is that the applicant’s illegal status be known to the government.

Sporkin ruled that an INS regulation saying that such immigrants must be known specifically to INS violated Congress’ intent. Leiden estimated that the decision could make “tens of thousands” of additional people eligible for the amnesty program.

The ruling, combined with the committee vote, “will make all the difference in the world” for immigrants, Leiden said.