By Hernán Rozemberg - Express-News
Attempts to create an amnesty-with-penalty program may have failed in Washington last year, but the government has been offering a belated pardon to immigrants who tried to qualify for a program two decades ago and were either unfairly turned away or never received an answer.
A lawsuit alleging many unauthorized immigrants were left out of the 1986 amnesty was settled in September, and as a result, the federal government has agreed to dust off old files and take new applications.
The agency responsible for immigration benefits, U.S. Citizenship and Immigration Services, declined comment but clarified that this is not a new amnesty program.
In a news release last week, CIS detailed the background of the case and noted the new application period starts Feb. 1 and extends through January 2010.
The settlement is the third of three longstanding lawsuits stemming from the 1986 amnesty, the Immigration Reform and Control Act signed by former President Ronald Reagan.
Four years ago, two other similar suits were also settled, eventually allowing about 2,000 unauthorized immigrants to earn legal status.
One of the lawyers suing the government in the latest suit said the compromise isn’t perfect, but he still claimed victory.
“It took 20 years, but we accomplished our goal,” said Robert Gibbs, a Seattle lawyer who took up the case pro bono at its inception, along with other firms and organizations. “It was always about giving people a fair chance to apply.”
It’s unknown how many actually qualify — the government didn’t provide an estimate, while Gibbs’ best guess is around 10,000.
They won’t be easy to find, considering the eligibility requirements.
In an ironic twist, applicants will have to prove they are here illegally. They must have entered the country legally on a temporary visa before 1982 and then remained illegally once their visas expired.
Applicants can’t have a criminal history — convictions for a felony or three misdemeanors immediately disqualify them.
They’ll also have to pay to reapply, $585 for those who were wrongly rejected, who must have originally applied between May 5, 1987, and May 4, 1988. Those that never applied but think they now qualify will have to pony up $1,130.
Fees will be waived for applicants who were never given a decision on their forms, though they’ll still have to pay $340 for a work card if their cases are approved now.
Despite daunting obstacles, Gibbs hopes immigrants will take advantage of the possibility to get legalized after living underground for more than two decades.
Though legalization is not guaranteed, under the terms of the settlement the government cannot deport them — even if their applications are declined.
“They’re part of our society,” said Gibbs, whose firm split a $1.8 million payment from the government with other lawyers and organizations. “They’ve got families. They’ve got jobs. Many even have graduate degrees and work for city and state governments.”
His biggest fear is that qualified candidates will prefer to linger in illegal status, hoping the incoming administration under Barack Obama will give them a better and clearer chance at legalization.
