The New Immigration Law and the Board Response
Ms. Fernandez began her remarks by pointing out that when people think of the United Methodist Committee on Relief (UMCOR), they often think of disaster relief, but the plight of refugees was the primary reason for establishing UMCOR in 1940..
Ms. Fernandez's topic was the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, which she called "the most drastic revision of immigration law in the history of the U.S. and certainly since the turn of the century." Some of the fundamental features of the law follow..
Expedited Removal. This process provides for streamlined removal of any person who tries to enter the U.S. without valid documents, unless that person is able to convince an immigration officer that asylum is warranted. If the person's story is convincing, an interview is held within 48 hours, followed by either immediate deportation or the right to apply for asylum. An immigrant awaiting a hearing is detained until the hearing takes place..
"I want you to think now of what is happening in Kosovo," said Ms. Fernandez. "Suppose one of the refugees is given the wrong documents and comes to this country to flee for his or her life, not knowing any English. Such refugees have to explain in 48 hours, with no support from any lawyers or translators, why their lives are in danger. If they cannot convince the immigration officer, they are returned. If the officer believes them, they are in detention."
Elimination of Judicial Review. Ms. Fernandez deemed this feature of the law "the most dangerous." The new law seriously restricts the authority of the courts to review decisions by the Immigration and Naturalization Service (INS) or check abuses of power. This places the INS outside of the law and leaves immigrants with no protection from sadistic immigration officers..
Cancellation of Removal (Suspension of Deportation). Under the old law, a person who had been living peaceably in the United States for seven years could apply for permanent residency. Under the current law, the person must have been in the United States for 10 years and must prove that deportation would cause "exceptional and extremely unusual hardship to a spouse, parent, or child who is either a U.S. citizen or lawful permanent resident." An annual limit of 4,000 is placed on the number of people who may change their status..
According to Ms. Fernandez, when the law was passed, many Haitians and Central Americans were just becoming eligible to adjust their status. Communities in Florida and Texas objected to a switching of the rules that jeopardized a long-term immigrant population. The U.S. Congress responded to public outrage by enacting in 1997 the Nicaraguan Adjustment and Central American Relief Act (NACARA), which made Nicaraguans and Cubans who had been in the U.S. before December 31, 1995, eligible for permanent residence. The Act, however, discriminated against Haitians, and it took another year before civic and religious groups could convince Congress to pass the Haitian Refugee Immigration Fairness Act of 1998..
Aggravated Felony. Under IIRARA, "every misdemeanor becomes an aggravated felony," said Ms. Fernandez. Legal permanent residents and other noncitizens who have received a one-year sentence for an aggravated felony are deported and barred permanently from reentry to the U.S. Originally the "aggravated felony" list included crimes of violence and drug trafficking, but now any offense earning a sentence of at least one year is called an aggravated felony, even if the sentence is suspended..
Bars to Admissibility. People who are unlawfully in the United States for more than 180 days but less than one year and depart voluntarily are barred from reentering for three years. People unlawfully present for one year or more are barred from reentry for 10 years..
One-Year Time Limit for Filing Asylum Claims. For the first time, a deadline of one year from date of entry has been imposed for asylum applications to be filed. Ms. Fernandez pointed out that this feature of the law is burdensome for applicants who may have trouble finishing piles of paperwork in English and finding a pro bono lawyer to help them with their case..
According to Ms. Fernandez, the IIRARA law has created much pain and confusion. In response, the General Board of Global Ministries has created "Justice for Our Neighbors," a program to provide information and assistance to immigrants, refugees, and asylum seekers. It seeks to facilitate the establishment of church-based legal clinics for immigrants. This program will provide extensive on-site training, assistance with mission education, updates on immigration laws and procedures, and legal consultation through volunteer attorneys or trained lay volunteers..
Ms. Fernandez said that 10 local projects have been scheduled to begin in the spring of 1999; however, more than 30 church groups have asked to participate in the "Justice for Our Neighbors" program. She also reported that, among denominations, only the United Methodist Church has a nationwide program to provide churches with the tools they need to help immigrants, who are the sojourners in our midst.