Federal Government Revives Amnesty of 1986

Amnesty Program
IRCA 1986
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About 10,000 people wait in immigration limbo for 22 years

The federal government plans to give legal status to certain unauthorized immigrants who applied for a 1986 amnesty program but were either unfairly excluded or never received a response to their request.

U.S. Citizenship and Immigration Services officials said the period to re-apply will be open for one year beginning Feb. 1. CIS is the government agency that oversees lawful immigration into the United States.

It's not known just how many unauthorized immigrants will qualify, but the number is thought to be about 10,000.

"It's a pretty narrow category," said Sharon Rummery, a CIS spokeswoman in the San Francisco regional office.

The reincarnated 1986 Immigration Reform and Control Act, or IRCA, is in connection with a class-action lawsuit settlement reached in the U.S. District Court for the Western District of Washington in September.

It was brought by the Northwest Immigrant Rights Project on behalf of individuals who were unable to apply or who were deemed ineligible for legalization under IRCA because of issues on whether unlawful status was "known to the government," the lawsuit states.

The resurrected amnesty application process does not sit well with groups who adamantly oppose granting legal status to those who entered or are in the nation illegally.

"Why in the world would our federal government do that when 22 years later, it still doesn't have the ability to process applications filed in the 1986 amnesty program," said Jim Ludwick, the president of McMinnville-based Oregonians for Immigration Reform, which lobbies against illegal immigration.

"Our Social Security Administration is already overburdened. How would they deal with the possible millions who might apply?" he said. "And with Oregon's unemployment rate at 7 percent, it's sheer idiocy to encourage people to stay here when there are already so many people who are out of work."

But Francisco López, director of CAUSA, an immigrant-advocacy group in Woodburn, sees it differently.

"It's about time there was a resolution for the over 10,000 immigrants who were in immigration legal limbo because of the inefficiencies of the immigration office," he said. "Hopefully this will be the beginning not only for those who were not allowed to apply in 1986, but also any future legalizations for the millions that still have not be able to adjust their immigration status."

CAUSA and other immigrant groups across the nation will be pushing for a moratorium on immigration raids in the first 100 days of the Obama administration. Thousands are expect to turn out for a rally in front of Capitol Hill in January in support of the moratorium.

The latest settlement is the third in class-action lawsuits filed against the CIS, previously known as the office of Immigration and Naturalization Services. A settlement four years ago gave about 2,000 illegal immigrants legal status.

IRCA resulted in roughly 2.7 million undocumented immigrants becoming legal permanent residents in 1986. About 250,000 applications were rejected on the grounds that the applicants had temporarily left the U.S. during the designated grace period and had not lived here continuously.

But groups of undocumented immigrants filed suit, successfully challenging the disqualifications.

Among the requirements for re-applying is proof of having entered the country legally on a temporary visa before 1982 and then remaining illegally once the visa expired. Applicants also cannot have a criminal history and had to have applied between May 5, 1987, and May 4, 1988.

Those who were wrongly rejected and who meet the qualifications will have to pay $585 to reapply. Those who never applied but who may still qualify will have to fork out $1,130.

Fees will be waived for applicants who never were given a decision on their forms, though they'll still have to pay $340 for a work card if their cases are approved now.

Though legalization is not guaranteed, under the terms of the settlement the government cannot deport those who step up to apply — even if their applications are declined.

Additional Facts

The application period for legal status under the 1986 Immigration Reform and Control Act will be from Feb. 1, 2009, through January 2010.

By Thelma Guerrero- Statesman Journal