Rights Coalition Announces Campaign to Inform Immigrants of Family Policy

SANTA ANA —  The Orange County Coalition for Immigrant Rights announced Monday that it is launching a massive campaign to inform 184,000 newly legalized immigrants in Orange County of a new policy that allows some members of their family to remain in the country until they qualify for permanent residency.

The new “Family Fairness” policy affects tens of thousands of spouses and children--no one knows exactly how many--who faced possible deportation because they entered the country after a 1982 cutoff on amnesty for illegal immigrants. If the spouses and children can prove they have lived in this country since 1986, they could be allowed to remain.

The new INS policy comes as a result of pressure from immigrant-rights groups that said provisions affecting family members under the amnesty act were too vague and were interpreted differently from region to region.

Immigrant-rights groups are publicizing the new policy because they say the INS has told them that it cannot launch a full-fledged publicity effort.

Immigration experts said at a press conference Monday at St. Joseph’s Catholic Church in Santa Ana that the new policy has been met with confusion by many immigrants and that misinformation could lead to fraud by those wanting to take advantage of immigrants.

“There’s been a pattern of practice of consumer fraud and abuse in immigration since the beginning,” said Robin Blackwell, coalition coordinator. “We have no doubt it’s going to happen again.”

She and others urged people to contact private immigrant-rights agencies or religious groups about the program before going to the Immigration and Naturalization Service or to a lawyer. A toll-free number, 1 (800) 346-2536, has also been set up to answer questions about the new provision.

Father Jaime Soto, vicar for Hispanic Ministries with the Catholic Diocese in Orange, said he hopes that the new policy will eventually lead to the legalization of others in affected families.

“Southern California has been, since the ‘60s, radically altered by immigration, from Mexico, Central America and Asia as well as other countries,” he said. “The ambivalent feelings we may have toward immigration could keep us from taking full advantage of a population that wants to work, wants to be part of the community and share in the same kinds of dreams and visions as everyone else.”

The provisions provide a renewable, one-year shield against deportation only to spouses and children under 18 who can prove that they have been living in the United States with a legal-immigrant family member since Nov. 6, 1986. A 1988 study by the nonprofit National Council of La Raza found that as many as 47% of amnesty applicants had relatives in the United States who did not qualify.

“I’m very confused,” said Oscar, a legal immigrant who has three children, ages 13 to 17, who did not qualify for amnesty because they arrived in 1985. “They told me at one place that my children would not qualify, and then here they tell me they will.” He declined to give his last name.

‘FAMILY FAIRNESS’ POLICY

On Feb. 2, 1990, the Immigration and Naturalization Service announced a new “Family Fairness” policy that allows eligible family members to remain in the United States for an undetermined amount of time. The status of those qualifying will be reviewed each year by the INS to determine if they are eligible to retain residency rights.

Eligibility: A spouse or child under the age of 18 who lives with a person who was granted amnesty. Those eligible may also receive work authorization.

Eligibility date: Those living with the legalized immigrant on or before Nov. 6, 1986.

Agencies to contact: The INS, Orange County Coalition for Immigrant Rights or other immigrant rights organizations.

Source: Orange County Coalition for Immigrant Rights.