[Congressional Record Volume 145, Number 132 (Monday, October 4, 1999)]
[Extensions of Remarks]
[Page E2020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            THE FAIRNESS FOR PERMANENT RESIDENTS ACT OF 1999

                                 ______
                                 

                           HON. BILL McCOLLUM

                               of florida

                    in the house of representatives

                        Monday, October 4, 1999

  Mr. McCOLLUM. Mr. Speaker, in 1996, Congress made several 
modifications to our country's immigration code that have had a harsh 
and unintended impact on many people living in the United States. These 
individuals, permanent resident aliens, have the legal right to reside 
in this country and apply for U.S. citizenship. They serve in the 
military, own businesses and make valuable contributions to society.
  For example, earlier this summer, my office received a letter from a 
woman I will call ``Amy.'' Amy, an American citizen, and her husband, 
``Bob,'' a permanent resident alien from Scotland, were married in the 
United States, have two American born children, and lived a productive 
life in Florida for nearly 20 years. Bob had been a resident of the 
U.S. since he was 11 years old.
  In 1985, Bob was convicted of a crime and served a three year prison 
term and 10 years of probation. According to the immigration laws in 
effect at the time, Bob was punished under U.S. law and was expected to 
have served his debt to society. In 1999, Bob was a rehabilitated, 
productive and gainfully employed member of his community.
  The changes made in the immigration laws in 1996 meant that Bob, who 
had committed a crime 13 years ago--a crime that was not considered 
deportable at that time--and served his debt to society, was about to 
be punished again. The harsh provisions of the 1996 bill dictated that 
he be automatically deported for the crimes he committed 13 years ago, 
with no opportunity to seek a waiver from an immigration judge, as he 
would have before the 1996 law change.
  In addition, the law was made retroactive so that an 80-year-old 
permanent resident alien who committed a comparatively minor crime 60 
years ago, had served his or her sentence and been a model resident in 
this country for more than 50 years, would now be automatically 
deported--regardless of physical infirmity, family considerations or 
any other reason.
  Amy and Bob were forced to move to Scotland. The cost of the move was 
staggering to the family and most of their possessions were left in the 
U.S. Amy had to leave her native country to keep her family together, 
and their two children were forced to leave friends and family members 
behind. Amy is now undergoing immigration review in Scotland and Bob 
continues to work longer hours to support the family. It is uncertain 
if the family will be allowed to remain with Bob unless he can increase 
his income and prove he can support his family.
  Last week, my colleague Lincoln Diaz-Balart and I introduced the 
Fairness for Permanent Residents Act of 1999. Our proposal is designed 
to ``right'' a wrong that was created by the 1996 changes to the 
immigration law. We must put fairness and justice in place to allow 
families like Amy and Bob to have their voice heard before they are 
forced into fleeing the country or being deported. For individuals who 
commit heinous crimes, the law should not be changed.
  The law presently reads that any permanent resident alien convicted 
of a crime now or in the past that carries a possible sentence of one 
year or more--regardless of whether he or she was sentenced to or 
served a single day in jail--will be automatically deported with no 
chance for a hearing to seek a waiver. Under our bill, the right to a 
hearing before an immigration judge to seek a waiver from deportation 
would be restored for permanent resident aliens who commit 
comparatively minor crimes, expressly excluding murder, rape or other 
violent or serious crimes from waiver eligibility. Those in this 
category who have been deported since 1996 would have a right to seek a 
waiver, which if granted would permit them to return to the U.S.
  Also included in our bill is relief for permanent resident aliens who 
are now being detained indefinitely pending deportation for crimes that 
have been committed in the past. Current law does not permit them to 
seek release on bond even if there is no place for them to be deported 
and they pose no danger to society if released. Our bill would allow 
the Attorney General to consider release to such individuals, provided 
they meet certain conditions.
  Our bill returns balance to our existing laws by allowing people with 
compelling or unusual circumstances to argue their cases for 
reconsideration. The legislation does not automatically waive the 
deportation order, it simply grants a permanent resident alien the 
right to have the Attorney General review the merits of his or her 
case.
  The 1996 law went too far, and as the Miami Herald recently 
editorialized, ``it hurts more than just the foreign born. Its victims 
include families with U.S. citizen children, communities that lose 
businesses, and businesses that lost employees. Most of all it hurts 
the spirit of a nation that prides itself on its immigrant heritage and 
just laws.''
  We are a fair nation and must strike a fair balance in our 
immigration laws--the Fairness for Permanent Residents Act would do 
just that.

                          ____________________