After Amnesty, New Hurdles : Immigrants Who Qualify Must File Again for Residence
I got a call the other day from a Mexican immigrant who applied in December for legalization. He wanted to know if it was true that he would have to apply again. Yes, I told him, it’s true. I explained that he had qualified for temporary residency. That’s only the first part of the process. Now he must qualify for permanent residency as well. He sounded worried when he asked what he needed to do to qualify for the second stage.
Frankly, I didn’t know what to tell him.
Regulations governing the processes and procedures for the second phase of the legalization program have not been made final by the Immigration and Naturalization Service. They are not expected out until mid-May, at the earliest. Will the second phase of the legalization program be as confusing, frustrating and traumatic for the immigrant community as the first stage has been?
I hope not. But I am concerned by what I have seen thus far.
There is a great deal of debate within the INS over what the final regulations should be.
One question involves what an applicant must know in order to pass the English test required of all immigrants who wish to become permanent residents. Can immigrants meet the English requirement simply by enrolling in an English-as-a-Second Language class?
Will communities across the country be able to provide the number of ESL classes needed to serve those who need them in order to qualify?
These questions and more must be answered before any realistic program can be outlined for the second phase of legalization.
The INS should agree on the new regulations and publish them as soon as possible, preferably before the second phase begins. All qualified immigrants should know that they must complete this important step in the legalization process.
Right now, many immigrants don’t know that even if they managed to qualify for temporary residency in the first phase of legalization, they still must apply a second time to become permanent residents. It is not clear why applicants weren’t told about this. But we know that most were not.
Perhaps it was the confusion surrounding the law and the preoccupation of officials making sure that the immigrants met the first set of requirements. But it would be a travesty if thousands of immigrants who made it through the first stage did not meet the requirements of the second phase simply because they could not prepare for it adequately.
We questioned regulations in the first phase of the legalization process because they resulted in separating family members.
They also imposed financial hardships for some immigrants and resulted in the exploitation of immigrants by unscrupulous “immigration consultants.” Now, we are concerned with the unpublished regulations that will dictate the second stage.
This law requires immigrants to apply twice in order to become legal residents. It smacks of racism and discrimination. Recognizing its inequities, however, we must continue to encourage the community to take the steps necessary to qualify for legalization because it’s the only option we have.
If the law requires immigrants to meet certain qualifications, then the infrastructure must be in place to allow them to qualify. If they must pass an English test, pay a fee, or show proof of enrollment in an English class, resources such as classes and teachers must be provided to allow those requirements to be met successfully.
Right now that is not the case. The Los Angeles Unified School District is the only one in the nation that is attempting to address the need for additional English classes for immigrants.
The district’s plan is still in its initial stages, but officials at least have considered the future enough to estimate what the needs might be. The school district may not have the staff or resources to provide the number of classes needed in the immigrant communities. But its efforts are to be applauded.
Finally, the INS should undertake an extensive public information campaign early in the second phase to explain the permanent residency requirements and to give the immigrant community ample time to qualify.
Congress would be wise to provide additional money to guarantee the success of this second phase, something it refused to do when the legalization program began a year ago. Lack of adequate resources are in part responsible for the fact that the number of legalization applicants has been lower than expected.
We still believe that the immigration law imposes as many restrictions as opportunities for the immigrant community. But we recognize that we must work under the provisions of the law. It is not unreasonable to expect immigrants to meet specific requirements. But it is unconscionable to ask individuals to meet undefined qualifications and then fail to provide the means for doing so.
