[Pages S617-S619]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

By Mr. GRAHAM (for himself, Mr. Mack, Mr. Kennedy, Mr. Durbin,
and Mrs. Feinstein):
S. 2058. A bill to extend filing deadlines for applications for
adjustment of status of certain Cuban, Nicaraguan, and Haitian
nationals; to the Committee on the Judiciary.

legislation to extend filing deadlines for applications for adjustment
of status of certain Cuban, Nicaraguan, and Haitian nationals

Mr. GRAHAM. Mr. President, I come to the Senate floor this afternoon
to introduce legislation which has as its objective to assure a greater
measure of fairness to a particularly vulnerable group of Central
American and Caribbean nationals who, in many cases, for many years
have resided in the United States.
I appreciate the support of my colleagues: Senators Mack, Kennedy,
Durbin, and Feinstein, who join in this effort as cosponsors.
For some background: In 1997, and again in 1998, Congress passed
legislation to protect, first, a group of Central American and Cuban
nationals and then a similar group of Haitian nationals who were
refugees and were threatened with deportation.
Action was needed in those 2 years because of passage of the 1996
Illegal Immigration Reform and Immigrant Responsibility Act, which
changed immigration rules and did so, in many instances, retroactively.
The history of this group of people started during 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 had ensued. Similarly,
during the Presidency of George Bush, Haitian nationals were forced to
flee after the overthrow of the elected President, Jean-Bertrand
Aristide, in

[[Page S618]]

1994. They were offered protection and legal status in the United
States.
In 1996, these Central American and Haitian nationals had been living
in our country for years; in the cases of the Central Americans, often
longer than a decade. They established businesses. They formed and
raised families. They bought homes. They strengthened the communities
in which they lived. 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 their lives in the United States.
Congress moved quickly to protect their legal status here by passing
the Nicaraguan Adjustment and Central American Relief Act in November
of 1997, and then the Haitian Refugee Immigration Fairness Act in
October of 1998. These two bills made certain sections of the 1996
immigration law nonretroactive. We mandated in those two pieces of
legislation that to apply for relief from deportation under this
measure, applications had to be made by a date certain: March 31, 2000.

The sad fact is, in 3 years after one of these pieces of legislation
was passed and more than 2 years after another, we are still waiting
for the final regulations to be issued for both of these pieces of
legislation. The final rules that would help families apply for relief
have not yet been issued. Interim regulations were issued for both
bills in 1998 and 1999, but in neither case have the regulations become
final. There is the very real possibility that the application
deadline, March 31, 2000, could come and go before the final
regulations, which establish the rules and procedures by which
applications will be submitted and evaluated, have even been issued.
Both for reasons of fairness and to promote good Government, we
should extend the application deadline for relief. Under this
legislation, the new deadline for relief will be 1 year after the date
the regulations become final.
I point out to my colleagues that this legislation will not cover any
additional individuals who will have the right to apply for the right
to live in the United States. No additional persons will be granted
eligibility as a result of this legislation beyond those who were made
eligible in 1997 and again in 1998. What this legislation does is
create a more realistic and fair deadline for individuals Congress has
already passed legislation to protect.
This action should be taken because it is fair. First, it is fair to
the immigrants. We shouldn't expect them to go through the arduous and
very costly application process without the certainty that the
regulations which will govern their applications are final.
It is easy to put a human face on this issue. There are scores,
hundreds, thousands of examples. Let me just cite one which was brought
to my attention by a prominent immigration attorney in Florida. I will
call this young woman, in order to protect her privacy, Frances. She is
a real human being. Frances is 22 years old. Her parents fled Haiti in
the 1980s, when she was a child. Her family settled in Florida. She now
has three U.S. citizen brothers and sisters. Tragedy has struck her
family on several occasions. Her father died when she was just 7 years
old. Her mother died when she was still in her early teens. She
finished high school and is now raising her younger brothers and
sisters while working. She is an orphan. She would be in the class of
persons protected by the 1998 legislation. She is trying now to put
together the documents necessary 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 once
regulations are final will make a huge difference in the life of this
woman, will make a huge difference in her ability to comply with
procedures which are probably the most significant in her life.
Today, I am introducing this in an effort to secure as rapid a
resolution of these concerns as possible. I am not unmindful of the
magnitude of the task Congress has asked the Immigration and
Naturalization Service to perform. I don't want to imply that the INS
and other Federal agencies should rush through these technical pieces
of legislation. However, in situations such as this, where a longer
time than expected was needed to develop the regulations, it is only
fair to allow a longer time for those who are going to be affected by
the law.

I understand the INS has been very thorough and understanding. It has
met with individual groups on all sides of this issue. Many of them
have been my constituents in Florida. I commend the INS for its
willingness to hear all points of view and be thorough in their review
before issuing final regulations. However, having said that, I believe
nearly 3 years is a reasonable amount of time to have finalized these
regulations.
The Nicaraguan Adjustment and Central American Relief Act took only
nine pages of text in Public Law 105-100 when it was passed. Similarly,
the Haitian Refugee Immigration Fairness Act took less than two pages
to print in the Congressional Record. These were concise, targeted
pieces of legislation. They were not lengthy, complex overhauls of
major components of the immigration law. It is plain unfair to give
someone a deadline and charge them a substantial fee to file and then
to be uncertain as to what the rules will be that will govern those
applications. With this legislation, I seek the flexibility to allow
more time to apply for relief in a situation where more time than
expected was necessary by the agency, the INS, to issue the
regulations.
I send to the desk a few of the letters I have received from
individuals and advocacy groups and religious leaders calling for this
deadline extension, and I ask unanimous consent that these letters from
the American Immigration Lawyers Association of South Florida, the
Haitian American Foundation, the Haiti Advocacy Agency, all be printed
in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See Exhibit 1.)
Mr. GRAHAM. Mr. President, I send the legislation to the desk, which
has been cosponsored by Senators Mack, Kennedy, Durbin, and Feinstein.
I ask my colleagues for their understanding and their support for this
legislation--legislation that will ensure the most basic elements of
fairness in our democratic system, which will allow people who have
fled war and persecution to come to the freedom of the United States
and to be treated fairly by our laws.

Exhibit No. 1

American Immigration

Lawyers Association,

South Florida Chapter,

January 24, 2000.
Senator Bob Graham,
U.S. Senate,
Re: Letter of support for your effort to extend application
period for HRIFA & NACARA.
Dear Senator Graham: On behalf of the South Florida Chapter
of the American Immigration Lawyers Association (AILA) I
write this letter of support to encourage you in your effort
to introduce legislation to extend the application period for
HRIFA & NACARA beneficiaries.
My organization has long-supported both bills and is
appreciative of your great efforts in support of these
efforts. Please let us know if there is anything we can do to
help.
Thank you, Senator Graham.
Sincerely,
Michael D. Ray,
President, AILA South Florida Chapter.
____

Haitian American Foundation, Inc.,

January 24, 2000.
Hon. Bob Graham,
U.S. Senate, Senate Office Bldg.
Washington, DC.
Dear Sir: Thank you for introducing legislation to extend
the filing period under which HRIFA and NACARA can be filed.
Haitians have had an extraordinarily short period of time
to apply--a mere nine months. Due to this narrow time period,
many eligible poor people have not been able to apply because
of the uncapped INS fee structure and the reluctance of the
few pro bono attorneys serving them to submit fee waiver
requests for fear that INS might deem the application
untimely. As you know, as of December 31, 1999 only 18,000
individuals had applied (of 50,000 INS estimates are
eligible).
This low number of applicants is due to the high costs
involved. Most families must pay between $1,000 to $2,000 in
INS fees alone. Supplement fees--such as the requisite
medical exams--are additional financial burdens for
applicants.
Extension of the HRIFA and NACARA filing deadline is
essential if Congress hopes to help Haitian refugees. Some
30,000 Haitians in South Florida are expected to benefit from
such extension.

[[Page S619]]

Your legislation is indispensable and crucial. I applaud
your leadership in introducing the legislation and thereby
serving as a champion to your constituents.
Sincerely,
Leonie M. Hermantin,
Executive Director.
____

Haiti Advocacy, Inc.,

1309 Independence Avenue SE

Washington, DC, January 31, 2000.
Office of the Hon. Bob Graham,
524 Hart Senate Office Building, Washington, DC.
Re: Extension of HRIFA/NACARA Filing Deadlines.
Dear Senator Graham: We are greatly encouraged that you are
introducing legislation to extend the deadlines for
applications under the Nicaraguan Adjustment and Central
American Relief Act (NACARA) and the Haitian Refugee
Immigration Fairness Act (HRIFA).
As you know, more than 2 years has passed since the passage
of NACARA and more than one since the passage of HRIFA and
the INS has yet to issue final regulations implementing these
laws. The statutory deadline for applications under both
laws, April 1, 2000, is fast approaching.
Interim regulations contained unreasonably burdensome
documentary requirements, excessive fees and lack of
appropriate consideration for special groups such as
abandoned children and refugees who were compelled to use
false documents in order to flee. These and other
deficiencies have, to date, prevented all but a minority of
those eligible from filing applications.
Hundreds of comments were filed critiquing these and other
restrictions as inconsistent with the remedial intent of
Congress. We certainly hope that the INS will give full and
fair consideration to these comments and ameliorate the
shortcomings in the final version. Nevertheless, it is now
apparent that any such improvements will be largely, if not
completely, negated by the short time remaining before the
deadline.
Accordingly, it is fitting and proper to extend the
deadlines to one year following the promulgation of such
final regulations so that the intended beneficiaries of this
important legislation receive the full measure of justice
provided under law.
Thank you for your support and kind consideration of our
views.
Respectfully,
Merrill Smith, Director; And: Linda Wood Ballard; Maurice
Belanger, Senior Policy Associate; National Immigration
Forum; 220 I Street NE, Suite 220; Washington DC 20002;
Phillip J. Brutus, Esq.; 645 NE 127 Street; North Miami
FL 33161; Alison Laird Craig, Member Haitian Studies
Association; Ralston H. Deffenbaugh, Jr., President;
Lutheran Immigration and Refugee Service; Geary
Farrell; 0-261 Luce SW; Grand Rapids, MI 49544; Michael
A. Foulkes, Attorney At-Law; 4770 Biscayne Boulevard,
Suite 570; Miami FL 33137; Muriel Heiberger, Executive
Director Massachusetts Immigrant and Refugee Advocacy;
Trevor Jackson, Senior Programmer Analyst; Connecticut
Community Colleges--Board of Trustees; Maureen T.
Kelleher, Florida Immigrant Advocacy Center; Guy H.
Larreur, President, Konbit, L.L.C.; Haitian Immigration
Support & Advocate Center; P.O. Box 6736; St. Thomas,
VI 00804; John B. Percy; 35 Parsons Road; Enfield CT
06082; Edwige Romulus, Chair; Haitian-American Support
Group of Central Florida; William Sage, Interim
Director; Church World Service Immigration and Refugee
Program; Daniel M. Schweissing; The Center for Haitian
Ministries; William Shagan, Supervising Attorney;
Lutheran Family and Community Services, Inc.; Althea
Stahl, Assistant Professor; Earlham College, Languages
and Literatures; Rick Swartz, President, Swartz &
Associates; Michele Wucker, Author. Why the Cocks
Fight: Dominicans, Haitians, and the Struggle for
Hispaniola; 245 West 107th Street, Apt. 9D; New York
NYC 10025

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