Posted on 05/20/2006 4:21:36 PM PDT by NormsRevenge
Luis Orozco was among the first in line nearly 20 years ago when federal lawmakers offered U.S. citizenship to millions of illegal immigrants. Today he has a wife, two daughters and a car - but he still isn't an American citizen.
What promised to be a dream opportunity for legal status has proven a nightmare for hundreds of thousands of immigrants whose citizenship applications are just now being processed after years in court. Thousands more remain in legal limbo.
They provide cautionary tales as Congress considers whether to grant a new round of citizenship eligibility for many of the nation's estimated 12 million illegal immigrants.
"I hope the new people who apply have patience," said Orozco, now a 40-year-old busboy who finally got a temporary residency card three months ago and won't qualify for citizenship until 2011. "I applied right away and look how long it took."
The political shorthand used to describe the current Senate proposal is a path to "earned citizenship." It sounds simple but some immigration law experts warn the legislation contains the same kind of complex conditions that invited a flood of lawsuits by excluding hundreds of thousands of would-be citizenship applicants.
For Orozco, who crossed illegally from Mexico as a teenager, the amnesty Congress granted in 1986 seemed a chance to stop living in the shadows.
Orozco was devastated when an immigration official said he didn't qualify because he left the U.S. briefly to visit his ill father. By Orozco's account, the official said that violated a key provision of the amnesty that applicants must have a "continuous illegal presence" in the United States for one year beginning May 5, 1987. The official didn't let Orozco apply.
As similar accounts mounted, immigration attorneys filed more than a half-dozen class-action lawsuits against the federal government on behalf of people such as Orozco. Although there are no firm estimates of how many immigrants who were turned away later received amnesty, attorneys estimate that the lawsuits apply to anywhere between 350,000 and 750,000 people.
According to the lawsuits, immigration officials said in the late 1980s that thousands of immigrants didn't qualify because they briefly left the country. Others, who had violated tourist or student visas, were denied amnesty because the law said the applicants failed to tell the government they had violated their visa status.
Many immigrants sought and received rulings that suspended orders for their deportation while the class-action cases moved through court. That let them get work permits and driver's licenses. Others, such as Orozco, didn't know they were eligible for that status and continued to live illegally.
In 2004, Orozco found his current attorney and successfully applied for late amnesty under a settlement of one of the largest class-action amnesty cases, Catholic Social Services v. Ridge.
The lead lawyer in that case fears that the current Senate bill will repeat past mistakes.
As the Senate bill is currently written, only one-fourth of the estimated 12 million illegal immigrants in the United States would be eligible for legalization, according to Peter Schey, an attorney who has represented about 350,000 immigrants in four class-action amnesty lawsuits. In 1986, about half of the estimated 6 million illegal immigrants qualified without problems.
The bill, which is currently being shaped in the Senate, includes steps to secure the borders, a path to earned citizenship for some illegal immigrants and a new guest worker program. A vote is expected next week, but it still must be reconciled with a House bill that would make illegal immigrants felons rather than offer a chance at citizenship.
Schey points to language in the Senate bill requiring that an amnesty seeker be in the United States illegally on one day - April 5, 2006 - to qualify for the earned path to citizenship. Schey said that, as it's written, the Senate legislation would exclude thousands of illegal immigrants who briefly had legal status but lost it or violated the terms of their visas. He also said a provision that requires U.S. residence for five years to start on the citizenship path would exclude about 9 million immigrants alone.
"There's no rational sense to it," said Schey, who is also president of the Los Angeles-based Center for Human Rights and Constitutional Law.
Some government officials who were involved in the 1986 amnesty agree.
Demetrios Papademetriou, a former U.S. Department of Labor administrator who was involved in implementing the 1986 amnesty, said a similar five-year residency provision in 1986 spawned many of the current lawsuits - and plenty of fraud.
"If you're going to swallow hard and go with a legalization program, then you might as well try to create incentives for virtually all of the people here to earn their new status," said Papademetriou, now president of the Washington, D.C.-based Migration Policy Institute.
Two of the biggest class action cases from 1986 were settled in 2004, triggering a window for late amnesty applications that ended in December. Other cases are still pending.
Supporters of the Senate bill, however, point to the success stories from 1986 - the nearly 3 million illegal immigrants who did receive amnesty. Most are now citizens.
Mirna Burgos applied for amnesty after immigrating illegally from El Salvador with her two toddlers. Now 51, she is a U.S. citizen, speaks fluent English and teaches Spanish at a high school in Pomona.
"The amnesty in 1986, that's why I'm a teacher. Otherwise, I would be cleaning houses or something," she said. "I tell my students if I can become a teacher without any language and as an illegal, then they can do anything."
Aw. Just breaks my heart. And they were the first wave of lawbreakers...
can us 'legals' get new numbers too?
That's a sad commentary on the state of California's schools.
And look at all they got away with for 20 years as illegals living in America.
Would make a good movie with the title of:
"A illegal alien living in America and all I got away with and all the laws I broke over 20 years"
Or how about reality TV show:
"All the laws I can break and get away with living as an illegal alien in America"
Yeah. Opie Taylor will pocket lots of cash if he makes this movie. I'm sure all the bleeding heart-liberals, the commies, the socialists and many others will go see it...
Yeah. We're missing all the fun by being a LEGAL CITIZEN...
***They provide cautionary tales as Congress considers whether to grant a new round of citizenship eligibility for many of the nation's... ***
Congress isnt interested in precautionary tales, They just want this behind them and they want the Hispanic vote.
When it comes to seeing what may happen in the future this congress is blind as bats.Nor do they care as long as they win that vote. I can honestly say one thing. IMO there isnt a true patriot on capitol hill, they are all there for the rewards, and those are great.
This is more than just getting the vote. This all boils down to $$$. Our govt is directed by big business and cheap labor suits their needs. The CFR, governed by "big business" wants open borders, both mexico and canada. A free flow of cheap labor lines the pockets of the rich business interests and their political donations are the puppet strings of our politicans.
I fear for the generations to come.
Power and Money are great corrupting influences.
When the country was young they met for a few days and went home to continue farming or whatever.
Todays politicians rule a small fifedom of Aides, and Secretary's. They have people coming to their office every day kissing their asses, they have lobbyists and free trips to foreign countries on junkets. Money for a sattelite office in the hometown, Travel expense accounts free medical and their retirement is their full salary for life. they would and do sell their souls to keep these great perks.
No truer words have been spoken. Thanks. From the first day(or minute) of election their main focus is on re-election.
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