Wednesday, May 24, 2006

One more immigration post: protecting vulnerable persons

Here is a forward from a friend:
SA. 4036. Mr. LIEBERMAN submitted an amendment intended to be proposed by him to the bill S. 2611, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 129, beginning on line 15, strike all through page 130, line 16, and insert the following:

(a) *PROTECTION OF VULNERABLE PERSONS.*--A person who is seeking protection, classification or status, as defined in subsection (b), shall not be
prosecuted under section 1028, 1542, 1544, 1546 or 1548, of this title, or section 275 or 276 of the Immigration and Nationality Act (8 U.S.C. 1325 or 1326), in connection with the person's entry or attempted entry into the United States until the person's application for such protection, classification, or status has been adjudicated and denied in accordance with the Immigration and Nationality Act.
(b) *DEFINITION.*--For purposes of this section, a person who is seeking
protection, classification, or status is a person who--
(1) has filed an application for asylum under section 208 of the Immigration and Nationality Act, withholding of removal under section 241(b)(3) of such Act, or relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment under title 8 of the Code of Federal Regulations, or after apprehension indicates without delay an intention to apply for such protection and promptly files the application;
(2) has been referred for a credible fear interview, a reasonable fear interview, or an asylum-only hearing under section 235 of the Immigration and Nationality Act or title 8 of the Code of Federal Regulations; or
(3) applies for classification or status under section 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), 216(c)(4)(C), 240A(b)(2) or 244(a)(3) of the Immigration and Nationality Act (as in effect on March 31, 1997).
(c) *SAVINGS PROVISION.*--Nothing in this section . . .
As noted earlier, 8 USC 1325 is the provision making it illegal to enter the US under false papers. Feinstein is opposing this amendment, but this is apparently an internal Senate political move--possibly from a previous commitment to Kyl related to earlier negotiations. If you think people should get a shot at asylum despite the use of false papers--and I think there are a lot of reasons why those fleeing from torture might use false papers for legitimate reasons--then please contact Feinstein, especially if you are a Californian, and suggest she change her position and support Lieberman's amendment:
  • 202/224-3841 DC
  • 415/393-0707 SF
  • 310/914-7300 LA
See this earlier post for Lieberman's contact info.

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