Question #2: How would people
go about applying for such an amnesty?
Carl Shusterman: Since the AFL-CIO's
proposal has not been introduced as a bill, it is impossible at this time to guess who
would qualify for amnesty and how the application process would work.
In the 1986 amnesty, our law firm successfully obtained green cards for
hundreds of individuals who were illegally residing in the United States.
The 1986 law applied to those who had entered the United States without inspection,
entered legally but overstayed their visas, or violated their status in the
United States.
The 1986 law also required persons to show that they had become illegal in the
United States approximately 5 years before the law went into effect.
Hundreds of amnesty offices were established around the country to process the
applications.
The law required that persons apply for temporary residence and later apply for
adjustment of status to permanent resident. A second amnesty program allowed
agricultural workers to legalize their status under more lenient conditions.
In 1986, however, the Congress was controlled by the Democrats while the President
was a Republican. Today, the Congress is controlled by the Republicans
while the President is a Democrat.
Since this amnesty proposal comes from the labor unions, it is extremely doubtful that
a Republican Congress would take action on a proposal from one of the
principal components of the Democratic Party coalition.
However, should the Democrats gain control of the Congress this November, it is
very possible that Congress will approve some or all of the AFL-CIO's amnesty
proposals.
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