AMNESTY by BUSH - The Truth about Section 245(i)

March 19th, 2002 | Compiled by Sabertooth

[Sabertooth]

AMNESTY by BUSH
The Truth about Section 245(i)

H.R.1885

Enhanced Border Security and Visa Entry Reform Act of 2002 (Engrossed House Amendment)

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SEC. 607. EXTENSION OF DEADLINE FOR CLASSIFICATION PETITION AND LABOR CERTIFICATION FILINGS.

(a) IN GENERAL- Section 245(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(1)) is amended--

(1) in subparagraph (B)--

(A) in clause (i), by striking `on or before April 30, 2001; or' and inserting `on or before the earlier of November 30, 2002, and the date that is 120 days after the date on which the Attorney General first promulgates final or interim final regulations to carry out the amendments made by section 607(a) of the Enhanced Border Security and Visa Entry Reform Act of 2002; or'; and

(B) in clause (ii) by striking `on or before such date; and' and inserting `before August 15, 2001;';

(2) in subparagraph (C), by adding `and' at the end; and

(3) by inserting after subparagraph (C) the following:

`(D) who, in the case of a beneficiary of a petition for classification described in subparagraph (B)(i) that was filed after April 30, 2001, demonstrates that--

`(i) the familial relationship that is the basis of such petition for classification existed before August 15, 2001; or

`(ii) the application for labor certification under section 212(a)(5)(A) that is the basis of such petition for classification was filed before August 15, 2001;'.

(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect as if included in the enactment of the Legal Immigration Family Equity Act (114 Stat. 2762A-142 et seq.), as enacted into law by section 1(a)(2) of Public Law 106-553.

Amend the title so as to read `An Act to enhance the border security of the United States, and for other purposes.'.
LINK

This is the relevant provision of HR 1885 to Section 245(i) of the Immigration and Naturalization Code. All it does is extend application deadlines under 245(i).

Here's a LINK to H.R.1885 in its entirety.

INS Memo: Sec. 245(i) filings

Section 245 of the Act allows an alien to apply for adjustment of status to that of a lawful permanent resident (LPR) while in the United States if certain conditions are met. The alien must have been inspected and admitted or paroled, be eligible for an immigrant visa and admissible for permanent residence, and, with some exceptions, have maintained lawful nonimmigrant status. The alien must also not have engaged in unauthorized employment.
Section 245(i) of the Act allows an alien to apply to adjust status under section 245 notwithstanding the fact that he or she entered without inspection, overstayed, or worked without authorization.
LINK.

Last week's 245(i) extension was specifically about illegals.
Letting Illegals stay = Amnesty for those Illegals.

How Do I Benefit From Section 245(i)?
(from INS website)

Our immigration laws allow qualified individuals to enter the United States as lawful permanent residents ("green card" holders) after they obtain immigrant visas from a consulate or embassy outside the United States or, for many immigrants already lawfully in the United States, through a process called "adjustment of status." If you entered the United States unlawfully, if you entered with permission but did not stay in lawful status, or if you worked without permission, you normally would have to leave the United States in order to apply for an immigrant visa. Special rules under section 245(i) may allow you to apply to adjust status without leaving the United States.

You might need section 245(i) if you:

• Entered the U.S. without being inspected by an INS official.
  
• Stayed in the U.S. longer than allowed by INS.
  
• Entered the U.S. as a worker on an aircraft or ship (crewman).
  
• Entered the U.S. as a "Transit Without Visa."
  
• Failed to continuously maintain a lawful status since your entry into the US.
  
• Worked in the U.S. without INS permission.
  
• Entered as an "S" nonimmigrant (relates to witnesses about criminal or terrorism matters).
  
• Are seeking a work-related visa and are out of status at the time of filing the application to adjust status (Form I-485).
  
• Worked in the U.S. while being an "unauthorized alien."

LINK

Again, what we see here are more instances of how Section 245(i) applies specifically to Illegals.

Extending a deadline for Illegals to "adjust status" means that more Illegals will be staying in the U.S., but they will be legalized for a fee of $1,000. That's Amnesty.

Some, I'm certain, will prefer not to believe their lying eyes.

[blaze]

Tin marine de don pincuey, coocala macala tita de fuy,laca pasita de don Jose,Tin,Ton,Tine!And that's all I've got to say about it!I GIVE UP!!!

[Sabertooth]

No just self serving. But hell you have shown your lack of intellectual honesty for going on two weeks now.

Interesting.

I give you a thoughtful reply, and you muster two lines.

[Askel5]

Excellent post, Sabertooth. Kind of you to be so accomodating.

May you have better luck than I did with Texas's SB-130 when it comes to getting folks to read -- and understand -- the fine print.

[VinnyTex]

Saber, I have a friend of mine who works down in South America and he recently married a Bolivian woman. I thought that granted her automatic citizenship but I found out later that she's now in this country illegaly because her Green Card expired. Not any fault of her's because she's been waiting for a new one since May of 2001 when the INS said her new one would be ready.

Well we all know what a pathetic organization the INS is.

[Sabertooth]

May you have better luck than I did with Texas's SB-130 when it comes to getting folks to read -- and understand -- the fine print.

Reading comprehension does seem to be the issue, I'm afraid.

Thanks for the props.

[Texasforever]

When you stop moving the goal post every time you are shown to be wrong then I will give a thoughtful response to a thoughtful person. So far you have failed the test.

There have been signals from the White House for months (since even before 9/11) that President Bush is looking at a bigger Amnesty proposal that would give green cards to 3.5 million to 5 million illegals. Did the last Amnesty work in 1986? Did the flow of illegals stop as promised?

[Howlin]

"Do you even know what's in the legislation? Have you read it?

Kindly link the posts where I asked you that.

[Sabertooth]

When you stop moving the goal post every time you are shown to be wrong then I will give a thoughtful response to a thoughtful person. So far you have failed the test.

Where have I moved the goalposts? You keep quoting statements that I stand by. I told you what my understanding of the definition of "blanket amnesty" is. Is that at issue with you, or do we agree there?

You appear to want me to concede your points before you're willing to make your case.

BTW, I conceded an error on this thread, right HERE.

Now, please feel free to educate me on my intellectual dishonesty.

I'll be back in a while.

[Texasforever]

Where have I moved the goalposts?

Oh please. From the day you posted your little "kiss my vote goodbye" ode to yourself, you have been pushing the millions upon millions of illegal aliens to get amnesty nonsense. Then when you are backed into a corner on that you then come back with, (well if it is 200,000 that is just as bad) or (this is just a plot to get millions more in the country) arguments. That is moving the goal post. You rely on short memories to hide your over statements and then continue on with your rants. I make no case either way on this issue, I have stated it was a bad idea however I don't like people that overstate an issue to bolster their so-called case. That is intellectual dishonesty and makes your arguments less than credible.

[WRhine]

I've read 245(i) and the underlying law and I would simply disagree with you. The extension to 245(i) is targeted at the group I mentioned. Since that is the issue, what becomes of the children of the illegals while they go back home and get in line? Thats the crux of the matter and you didn't address it.

I already did. It's a FACT that Illegals with children who are U.S. citizens "rarely" get deported. I happen to believe the law should STILL apply and that the entire family of an illegal be deported to the country of their origin. If this sounds insensitive…Tough Rocks. Illegal immigration is destroying this country and there is no way on earth to please everyone. And I certainly don't want a comprehensive Amnesty bill that allows the illegal alien lawbreakers already here to import their relatives from abroad. Chain immigration is big reason why Amnesties have a multiplier effect that results in exponential immigration for generations.

I'm told there are 10 million illegals in the US. How many INS agents and court employees would it take to find, incarcerate, have a hearing and deport them all? And what do we do with all those kids that were born in America?

The legal process is obviously dysfunctional and purposefully at odds with the INS mission to enforce the immigration laws of the land. We can thank the hundreds of liberal judges that have made deporting a single alien an expensive and time consuming affair. Changing the laws to allow the INS to do their job in an expeditious manner is a critical component of any immigration reform. I agree. This is a real problem.

Also, like I mentioned before, local law enforcement have to be given the authority to assist the INS and border patrol in detaining and processing illegal aliens. The INS and border patrol can't do it all by themselves.

[Sabertooth]

... you have been pushing the millions upon millions of illegal aliens to get amnesty nonsense. Then when you are backed into a corner on that you then come back with, (well if it is 200,000 that is just as bad) or (this is just a plot to get millions more in the country) arguments. That is moving the goal post.

I never said the 245(i) modifications would result in millions of Amnesties. Never.

Others have, but I've been consistently going with the 200,000 number. I believe on one post I mentioned estimates of 200,000 and 350,000. But I've stayed with the smaller number.

Guess you'll need other goalposts.

[Sabertooth]

Kindly link the posts where I asked you that.

Let me say, and I apologize that I might not have been clear, that I was paraphrasing (or making a sloppy attempt at it). I meant to give the general gist of your comments.

Do I have that wrong?

[Texasforever]

Others have, but I've been consistently going with the 200,000 number. I believe on one post I mentioned estimates of 200,000 and 350,000. But I've stayed with the smaller number.

Man you have a bigger problem than I thought. You refute your own darn words. Sad.

[Sabertooth]

Man you have a bigger problem than I thought. You refute your own darn words. Sad.

Dry your eyes.

I've been going with 200,000, because I wanted to stay lowball with numbers folks were generally agreeing on, including Howlin and Dane. I did see one estimate, from Marine Inspector, I believe, of 350,000, that seemed to have some credibility, and I mentioned that number in passing to another poster, even as I stayed with my working assumption of 200,000.

You made a claim questioning my intellectual honesty, yet when I make clear this one mention of another number, you think you've had an "Aha!" moment?

[Texasforever]

Also, like I mentioned before, local law enforcement have to be given the authority to assist the INS and border patrol in detaining and processing illegal aliens. The INS and border patrol can't do it all by themselves.

You are aware that Bush is pushing to consolidate INS, the DEA and Customs into one organization. He is also moving to separate the INS enforcement branch who view illegals as law breakers from the "service" branch that view illegals as customers. That is what makes this bill vital, not the piddling 200,000 ditch diggers that may get cut a break. If you folks could get past your indignation and look at the law, of which, your so-called amnesty, is a minute part then you may just get a rational hold on reality. This solves a short term problem with people that are not terrorists and frees up the resources to focus on those that are a real threat. However, there seems to be no point in arguing this issue with any kind of civility since many around here just want to stir the nest and see who gets stung.

[Texasforever]

You made a claim questioning my intellectual honesty, yet when I make clear this one mention of another number, you think you've had an "Aha!" moment?

Sorry but your own words damn you.

[Sabertooth]

I pinged you because I thought you had the chops... Or at least you seemed to think you did.

Sorry for wasting your time.

[WRhine]

Texasforever you have a lot more confidence in Bush on this issue than I do. We will have to see what unfolds.

[Luis Gonzalez]

In the past, your posts have accused Bush of seeking a "blanket amnesty" for illegal immigrants. You have also hundreds of references to the millions of illegal immigrants in the US.

When you said "blanket amnesty", what exactly did you mean then, if not amnesty for millions?