New One-year Amnesty for Many Pre-1982 Immigrants Starts Today

Center for Human Rights and Constitutional law
Los Angeles
Press Release

FOR IMMEDIATE RELEASE (5/24/04)
Contact: Peter Schey, Esq.
PHONE (323) 251-3223
email: pschey@centerforhumanrights.org

Los Angeles, Ca. Today marks the beginning of a one-year application period for thousands of long-term undocumented immigrants throughout the country who were unlawfully turned away by the INS when they attempted to file for legalization during the 1987-88 one-time amnesty signed by President Reagan in 1986. The 1986 law, the Immigration Control and Reform Act of 1986, granted an unprecedented amnesty to aliens who had resided in the United States since before 1982. The law also for the first time imposed sanctions on employers who hired undocumented workers. Interpreting the new law to disallow most applicants who had briefly traveled abroad after 1982, the INS rejected thousands of applicants who had visited relatives or traveled outside the country during the required period of residence.

Class action lawsuits that were filed during the 1987-88 application period challenging the travel rules were finally settled earlier this year after control of the INS transferred from the Department of Justice to the Department of Homeland Security. Complete copies of the class action settlement agreements are available at the web site of the Citizenship and Immigration Services of DHS (former INS) at uscis.gov (select CIS settlements), and at www.legalizationusa.org.

Under the terms of the settlements in the two class action cases, Catholic Social Services v. Ridge and Newman/LULAC v. CIS, undocumented immigrants who resided in the United States from any date before 1982 until they tried to apply for amnesty and were turned away during the 1987-88 application period, may now come forward and file applications to legalize their status. Under the settlements the applications will be confidential and may not be used to commence deportation proceedings if the application is denied. Applicants will also have the right to seek temporary work permits and permission to travel abroad while their applications are pending.

The settlement agreements take into account the passage of time since class members first applied for amnesty and were turned away. The settlements provide that the CIS may not deny applications simply because they are based upon the affidavits of third parties showing an applicant's required residence from 1982 to 1987-88. To avoid long backlogs of applications before the CIS, the settlements require that applications be processed within 180 days.

"We look forward to thousands of undocumented immigrants all around the country of all nationalities having the opportunity to come forward and legalize their status during the coming year. The INS should have legalized their status fifteen years ago. Their exploitation on the job, discrimination in all walks of life, and fugitive status, will finally come to an end. Their communities will be better off as this population of long-term residents can finally work legally, pay more taxes, and can far more fully participate in social and civic affairs." Peter Schey, President. Center for Human Rights and Constitutional Law, lead counsel for plaintiffs.