[Congressional Record Volume 146, Number 38 (Thursday, March 30, 2000)]
[Senate]
[Page S1973]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     ILLEGAL IMMIGRATION LAW REPORT

  Mr. GRAHAM. Mr. President, I come to the floor today to discuss an 
injustice to a group of Central American and Caribbean nationals who 
for many years have resided in the United States. As I speak, a clock 
is ticking. A deadline to gain legal status in the United States is one 
day away. How did we get to this point?
  In 1997 and 1998, Congress passed legislation to protect Central 
American, Cuban and Haitian refugees from deportation. Action was 
needed because of the passage of the 1996 Illegal Immigration Reform 
and Immigrant Responsibility Act which changed immigration rules 
retroactively. Under the Presidency of Ronald Reagan, the United States 
offered protection and legal status to many Central American nationals 
who were fighting for Democracy in their home country, or fleeing the 
war that ensued.
  Similarly, during the Presidency of George Bush, Haitian nationals 
were forced to flee after the overthrow of elected President Jean 
Bertrand Aristide. They were offered protection and legal status in the 
United States.
  By 1996, these Central American and Haitian nationals had been living 
in our nation for years, in the cases of Central Americans, often 
longer than a decade. They established businesses, had families, bought 
homes, and strengthened their communities.
  Then, in 1996, with the passage of the Illegal Immigration Reform and 
Immigrant Responsibility Act, these Central American and Haitian 
Individuals and families were made retroactively deportable. These 
deportations would have occurred years and years after these nationals 
had established full lives in the United States.
  Congress protected their legal status here by passing the Nicaraguan 
Adjustment and Central American Relief Act in November of 1997 and the 
Haitian Refugee Immigration Fairness Act in October of 1998 by making 
certain sections of the 1996 immigration law non-retroactive.
  Since 1997, we have waited for final regulations to guide applicants 
through the process of applying for relief under NACARA. Since 1998, we 
have waited for final regulations to assist Haitian nationals with this 
process. And now, seven days before the application deadline, final 
regulations are issued. This is not an example of ``good government.''
  Under legislation I introduced in February, the new deadline for 
relief will be one year after the date the regulations became final. 
This new deadline, March 23, 2001, reflects the added time needed by 
the INS to develop regulation. This will not cover any additional 
individuals who will then have rights to live in the United States. It 
just creates a more realistic, and fair deadline for individuals 
Congress has already passed legislation to protect.
  We are now one day away from the deadline coming and going, and the 
Senate has yet to take action on this legislation. The Senate Judiciary 
Committee will not be able to meet this week to approve this 
legislation. We cannot purport to offer our constituents good and fair 
government if we let this deadline come and go without the simple 
action of extending the deadline by one year. When I spoke on the 
Senate Floor earlier this year, I tried to put a human story with this 
legislation. It's her story, and others, that should spur us to action 
on this legislation.
  Immigration attorneys in Florida are trying to help a young woman I 
will call ``Francis.'' She is 22 years old this year. Her parents fled 
Haiti in the 1980's when she was very young. Her family settled in 
Florida and she now has 3 U.S. citizen brothers and sisters.
  Then tragedy struck her family. Her father died when she was seven. 
Her mother died when she was in her early teens. She finished high 
school and is raising her younger brothers and sisters while working. 
She is an orphan, protected by our 1998 legislation.
  She is trying to pull the documents together to apply to stay in the 
United States, and not be separated from her U.S. citizen brothers and 
sisters--the only family she has left. The 1-year extension and the 
ability to apply for relief under final regulations will make a huge 
difference in the life of this young woman.
  I ask for the Senate's quick action on this timely and important 
matter. Many in the Senate worked diligently to protect Cuban, Haitian 
and Nicaraguan nationals in the original legislation. Let's not put 
these families at risk by our failure to act now.

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