Staying Legal : A Guide to Phase 2 of the Immigration Amnesty Law

President John F. Kennedy once wrote that the United States is “a nation of immigrants.” During the last two centuries this country has, indeed, absorbed a remarkable assortment of people from all over the world.

But for the last two years, in particular, millions of recent immigrants have been quietly involved in an important process almost without precedent in the American experience. They are trying to join the mainstream of American society not in the informal and even haphazard manner that immigrants did in the early years of this century. Rather, they are trying to become citizens through a comprehensive program ordered and overseen by the U.S. government.

That process began when Congress enacted the Immigration Reform and Control Act of 1986. The new immigration law was intended to reduce the flow of people entering the country illegally from abroad by prohibiting their employment.

But, in a humane gesture toward the illegal immigrants who were already living and working in the United States (and often subject to terrible exploitation because of their illegal status), the law also provided a means by which they could legalize themselves. This so-called “amnesty” went into effect May 5, 1987.

Since then almost 3 million people--half of them in California--have begun the process of legalization. They have registered with the U.S. Immigration and Naturalization Service and received documents certifying that they are in the country legally as “temporary resident aliens.” The key word in that legalistic phrase is temporary.

For the authors of the immigration reform act did not intend that former illegal immigrants remain under the amnesty program permanently. In accord with the U.S. tradition of absorbing immigrants into American society, Congress ordered many of those who applied for legalization to also begin a process of education that would prepare them to fully participate in the civic life of the nation.

Among the provisions of this section of the 1986 law are regulations that require many new immigrants to show a basic knowledge of U.S. history and government. Other rules require that many applicants demonstrate at least a minimal command of English, the nation’s language of influence and power. Others are exempted from having to show these things--including the young, the old and those who were legalized under a special farm workers program.

These requirements were not put into the new law to burden immigrants, most of whom are busy and hard-working people with heavy family responsibilities. Rather, they were included as an incentive. Any legal immigrant who can show that he or she knows some English and U.S. civics, either through a government-administered test or by taking special classes, will be allowed to apply for status as a permanent resident alien. And, after a few years, he or she can also apply to become a U.S. citizen.

For a variety of reasons, some of the immigrants who are involved in the amnesty program may not want to become citizens. But every person who wants to retain his new legal standing under the 1986 law must, at the very least, apply to become a permanent resident alien.

This education process is fundamental to the successful operation of the new immigration law; but the rules, regulations and exemptions of this Phase 2 of the amnesty program are quite complicated. This special bilingual supplement to the Los Angeles Times and La Opinion, “Staying Legal,” is designed to help the many thousands of Southern California residents affected by the amnesty program to understand Phase 2.

The two previous “Becoming Legal” supplements published by these newspapers were timed to coincide with the start of the legalization program in May, 1987, and the enforcement of employer sanctions in June of that year. As before, The Times and La Opinion hope that by providing basic information about the immigration law, we will allay any fear, confusion or misunderstanding in the community. Even more importantly, we hope these supplements will encourage newly legalized immigrants to pursue the opportunity to become full, active and proud citizens of this “nation of immigrants.”