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South Asian Network
18173 S. Pioneer Blvd
Suite I, 2nd Floor
Artesia, CA 90701
Tel: 562.403.0488
Fax: 562.403.0487

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COMMUNITY ALERT !


Posted on May 14, 2006

SAN ALERTS COMMUNITY TO
BEWARE OF FALSE RUMORS ABOUT LEGALIZATION

New Immigration Bills will result in increased Deportation, Not Legalization

South Asian Network believes that the U.S. government’s proposed “legalization” program is a sham. Very few people will qualify under it and many community members will be penalized and criminalized by it.

It is possible that because the two sections of Congress are so divided and because this issue is so controversial, no new immigration law will pass at this time. In many ways, SAN believes that no passage of the current proposals is the best thing that could happen. Here’s why.

IS A NEW IMMIGRATION LAW GOING TO BE PASSED?

With immigration so much in the news lately, and all the discussion about new immigration laws, rumors have been running rampant in our communities that legalization or amnesty is sure to come. Some people, even in our home countries, have started gathering their evidence, and the usual corrupt lawyers and “experts” are urging community members to come forward and begin “the process”…for a fee, of course. It is understandable that our communities’ desperate need for immigration papers would lead us to believe that a solution is right around the corner. But nothing could be further from the truth.

There are actually several different proposals still being debated in both sections of the U.S. Congress. At this point, only the House of Representatives has passed its immigration proposal, known as the Sensenbrenner Bill or HR 4437. It is an extremist bill that, among many other things, would make it a crime to just be in the U.S. without immigration status or to assist anyone who is undocumented. This proposal is opposed to any type of legalization or amnesty. Millions of people have protested in the streets of Los Angeles and other cities against this proposal.

The Senate is still discussing its proposal. There is only one proposal in the Senate for a so-called “legalization” program. Remember that proposals or bills do not become law until the two sections of Congress, the House of Representatives and the Senate, agree to it and the President signs it. This may not happen for several months, and it is important that our community’s voices be heard during this process.

WILL I BE ABLE TO LEGALIZE?

As it stands now, the Senate’s “legalization” proposal divides undocumented immigrants living in the U.S. into three different classifications, based on how long you have lived in the U.S.:

  1. Those in the country less than two years – that is, persons who entered the country after January 7, 2004 - basically get nothing and would be required to depart immediately.

  2. For undocumented immigrants who have lived in the U. S. since at least January 7, 2004 but less than five years:

  • You may be given permission to live and work in the U.S. for three years.

  • You would then have to find someone to sponsor you for legal residency (for example, an employer or a family member), or else leave the country at the end of the three years.

  • Even if you found a way to legalize your status, you would most likely still need to leave the country before your 3-yr permit expires, plus wait up to 8 years for the backlog to clear up. The bill does not make clear what would happen to you between the 3 and 8 years.

  1. For undocumented immigrants who have lived in the U.S. longer than five years – that is, since before April 6, 2001:

  • You would first have to apply for temporary work permits for six years.

  • After completing six years as a temporary worker, you would have to wait up to 2 years before you might be granted permanent legal status.

  • To be granted permanent legal status under this law, you would also have to prove that you’ve worked at least 3 years prior to April 2006; have background checks; pay at least $3000 in fines; pay all of your back taxes, and learn English, among other requirements.

  • After 5 years of being a legal permanent resident, you can apply for citizenship. Therefore, it will be at least 13 years before you can become a citizen. Given the past experiences of community members with Immigration Service, this could take much longer.

HOW WILL THESE REQUIREMENTS AFFECT MY COMMUNITY?

Some of these legalization requirements would particularly impact South Asians. For example, in certain cases, if you entered the U.S. legally, such as with a student, tourist or business visa, but are now out of status, you may NOT be able to legalize.

Another reason why you might not qualify for this “legalization” program is if you failed to “comply with any request for information…”. It is possible that this could include anyone who failed to respond to Special Registration notices or orders.

And one of the most harmful provisions says that if you have committed “fraud”, you would be ineligible to legalize. This means that if you have ever worked in the U.S. with false documents, used a fake social security number, or lied about your status in order to get a job, you will NOT be able to legalize. Many of us have done this because we need to work in order to survive and support our families.

In addition to this harsh measure U.S. citizens with certain criminal convictions would not be able to petition for family members.

As the debates and negotiations in the Senate continue, we can expect this “legalization” program to become even more limited, and for even less people to qualify for legalization.

WILL I BE DEPORTED UNDER A NEW LAW?

All of the proposals include harsh enforcement provisions that in one way or another, would impact everyone. For example, these bills say that:

  • More immigrants will be jailed in immigration detention centers for months or even years while waiting to get deported.

  • Immigrants will be jailed forever if their home countries do not accept them.

  • The number of immigration detention beds will increase by 50%.

  • More immigrants will be deported without seeing an Immigration Judge.

  • People who help undocumented immigrants such as family members and co-workers will be subject to jail time.

  • Some minor crimes will be considered “aggravated felonies.” Anyone convicted of an aggravated felony, including legal permanent residents, would almost automatically be deported.

  • Border security will be increased and the size of the Border Patrol will double.

  • Local police will get the authority to enforce immigration laws.

  • All U.S. workers will be subject to an electronic employment verification system.

Thousands of our community members have already been targeted and deported under current enforcement measures. These proposals would increase the targeting, racial profiling, and harassment of our communities and ultimately result in more families being torn apart.

WHAT SHOULD I DO?

The current Senate compromise is probably the best this Congress can do at this time. The question is: is this good enough? Are immigrants and their families willing to accept this so called “legalization” with all its hidden traps? Are we willing to live with the enforcement provisions that come with it? If this immigration law passes this year, will the millions of immigrants here now who will no doubt not make it down this “path to citizenship” have to wait another twenty years for a chance at justice?

Millions of immigrants, their families, neighbors and co-workers have marched and rallied in cities across the U.S. You are making incredible sacrifices to raise your voices for yourselves and future generations, in the face of retaliation and disciplinary actions from employers and schools. We call for the South Asian community to raise our opposition to these bills. We call upon Congress and the Administration to stop masking these proposals as immigration reform, and to listen to the voices of immigrant communities demanding genuine immigration reforms: real legalization, equal inclusion in our society, justice, and respect for human rights.

Available for download:

    Analysis of the Current Senate Compromise Bills
    from: The Center for Human Rights and Constitutional Law
                Download 1 (in PDF format)
                Download 2 (in PDF format)

For further information please call SAN at 562-403-0488


FBI Launches “October Plan”

Targeting Particular Communities

The FBI and Department of Homeland Security recently launched an “aggressive-even obvious-surveillance” plan for massive interrogations, surveillance and possible detentions.  The plan is aimed at interrogating persons of “interest”, including their family members who may also be questioned.

IMPORTANT:

If approached by government agents you may choose the following:

  • Do Not Open the Door.  Without a court warrant, no one can enter your home unless you let them in.
  • Talk to them outside.  If you feel that you want to talk to the agents or if they say they have a warrant and you want to check it, step outside.  Do not let them in the house to talk to them, because if you do this you are giving up the right to keep them out of your home.
  • Ask if you are Free to Leave.  Whenever you speak with any government official, ask if you are free to leave and if the conversation is voluntary.  If they say it is, or if they do not answer, then tell them that you want to talk to them later, with a lawyer.  If you have a lawyer's card, give it to them and tell them to contact your lawyer.
  • Do Not Lie to the Officers.  Lying to the federal officers is a serious crime, whereas remaining silent is not. You are better off not answering questions than giving false answers.
  • Send a Citizen or Legal Resident to Talk.  If you want someone to talk to the officers, send a citizen or legal resident to speak with them. Someone who is not documented should not speak to the agents if possible.
  • Never sign anything without reading, understanding, and knowing the consequences of signing any document.

REMEMBER:

Citizens and non-citizens have certain constitutional rights. Please be polite and assert your right.  You have the right to:

§         Remain silent

§         Speak to a lawyer before answering questions

If you have recently been contacted/visited by the FBI, IMMIGRATION, or other LAW ENFORCEMENT agencies, please contact SAN immediately.

* South Asian Network * 18173 Pioneer Blvd * Suite I * Artesia * CA * 90701 *
562 403 0488 / 800 281 8111
Hamid Khan

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Courtesy of American Civil Liberties Union of Southern California