Family Fairness

Last updated

Family Fairness was a program run by the Immigration and Naturalization Service in the United States from late 1987 to late 1990 that granted deferred action to spouses and children of immigrants who were granted amnesty in 1986. The initial version was introduced in late 1987 by then INS Commissioner Alan C. Nelson, working under then Attorney General Edwin Meese and then President Ronald Reagan. [1] [2] An expansion of the program was introduced in early 1990 by INS Commissioner Gene McNary working under then Attorney General Dick Thornburgh and then United States President George H. W. Bush. [3] The program was created through executive action, in order to meet the problem of "split-eligibility" families created by the Immigration Reform and Control Act of 1986, pending legislation that would address the issue. [4] The Immigration Act of 1990 replaced it with a legislatively sanctioned Family Unity Program, that continues to be in force today. [4]

Contents

Background

Two important classes of people that the Act granted temporary legal status and a path to permanent residency were: [4]

  1. People continuously present in the United States since January 1, 1982
  2. Special agricultural workers (SAW)

At the time of the passage of the Act, it was estimated that 3 million people would be eligible to legalize based on these provisions, but the number would rise later. However, the IRCA provided no special provision for legalization for the spouses and children of eligible people if they did not independently qualify; they would have to "wait in line" but might eventually become eligible once the originally-eligible applicant had acquired permanent residency or citizenship. [4] [5]

That led to a problem of "split-eligibility" families, with only some members of the family being eligible for temporary legal status. The issue was highlighted by the National Conference of Catholic Bishops, which asked President Ronald Reagan to address the issue. The Los Angeles Catholic Archdiocese estimated that 30% of the legalization applications it was assisting involved split-eligibility families. [4] Los Angeles Archbishop Roger Mahony wrote a strongly-worded letter to INS Commissioner Alan C. Nelson that urged him to address the problem of split eligibility by making spouses and children of eligible people eligible and by capping fees for individuals at $50 and total fees for families at $100. [6]

Republican Senator John Chafee, from Rhode Island, proposed an amendment to an unrelated bill that would give spouses and children of IRCA-eligible individuals a path to legalization. The amendment was defeated by a 55-45 vote and was the subject of criticism by Simpson, a co-sponsor of the original IRCA, who said that the amendment was against the spirit of the original legislation and the careful balance it had struck. [4] [7]

First announcement

Until the announcement of the Family Fairness executive action, the INS interpreted the IRCA strictly: only people who were eligible according to the IRCA rules were provided temporary legal status. On October 21, 1987, Nelson, Commissioner of the Immigration and Naturalization Service, announced the "Family Fairness" executive action. Nelson was working under Attorney General Edwin Meese and President Ronald Reagan. [2] [1] [4] [8] [9] The executive action allowed for deferred deportation for: [8] [4]

While precise estimates of the impact of the executive action were not available, both the INS and Hispanic groups such as the National Council of La Raza agreed that it would likely affect more than 100,000 families. [1]

In testimony before the House Judiciary subcommittee on immigration, INS Commissioner Nelson clarified that no information in the application would be used to initiate deportation proceedings or used in any way against the applicant. [1]

A number of people thought that the executive action did not go far enough, including Representative Howard Berman, [2] future INS Commissioner Doris Meissner, [10] and United States Catholic Conference immigration lawyer Gilbert Paul Carrasco. [1]

Legislative efforts to block the deportation of spouses and children of IRCA-eligible individuals would continue to stumble for the next few years. [11]

Second announcement

On February 2, 1990, INS Commissioner Gene McNary, working under Attorney General Dick Thornburgh and newly-elected President George H. W. Bush, announced a significant liberalization of the Family Fairness program, effective February 14. The changes would prevent the deportation of most spouses and children of legalized individuals. [12] [13] [14] [15] Specifically, spouses and children of a legalized alien were eligible for relief from deportation if: [12]

  1. They were living with the legalized alien
  2. They had been residing in the United States continuously since November 6, 1986 (and could prove it)
  3. They were admissible as immigrants
  4. They had not been convicted of a felony or three or more misdemeanors in the United States
  5. They had not assisted in persecuting others

McNary clarified that for a spouse to be eligible, the marriage must have occurred before November 6, 1986. He also said that children over 18 were not eligible for this program but would most likely not be deported, and would continue to receive voluntary departure and work authorization. [12]

Superseding by Family Unity Program

The Immigration Act of 1990 included a Family Unity Program (Section 301 of the Act), effective October 1, 1991, [16] which legislatively superseded the Family Fairness Program. The Family Unity Program continues to be active, as of 2017. [4] [17] [16]

Comparison with later deferred action by Obama

The Family Fairness program has been compared with executive actions by President Barack Obama, specifically Deferred Action for Parents of Americans (abbreviated DAPA, announced November 20, 2014). The Obama administration, as well as some groups supportive of Obama's deferred action have argued in favor of the similarities, in order to make the case that Obama's deferred action has precedent. [18] [7] [19] [20] FactCheck, describing the argument, said: "We can't speak to whether these actions by previous presidents provide legal preceden[t] for Obama's actions." [8]

Josh Blackman has argued that the Reagan/Bush Family Fairness program differed from Obama's actions in a critical way: the Family Fairness program only provided a "bridge" for people who could eventually qualify for legal status based on already-existing or in-process legislation, whereas Obama's deferred action provided protections for people who did not have any path to legal status with existing legislation. [5] [21] [22]

See also

Related Research Articles

<span class="mw-page-title-main">Immigration Reform and Control Act of 1986</span> Major Attempt to alter US Immigration System

The Immigration Reform and Control Act was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986.

Reforming the immigration policy of the United States is a subject of political discourse and contention. Immigration has played an essential part in American history, as except for the Native Americans, everyone in the United States is descended from people who migrated to the United States. Some claim that the United States maintains the world's most liberal immigration policy.

The Nicaraguan Adjustment and Central American Relief Act or NACARA is a U.S. law passed in 1997 that provides various forms of immigration benefits and relief from deportation to certain Nicaraguans, Cubans, Salvadorans, Guatemalans, nationals of former Soviet bloc countries and their dependents who had applied for asylum. As these Central Americans overwhelmed the U.S. asylum program in the mid-1990s, their cases were left for NACARA to address.

<span class="mw-page-title-main">DREAM Act</span> American legislative proposal on immigration

The Development, Relief, and Education for Alien Minors Act, known as the DREAM Act, is a United States legislative proposal that would grant temporary conditional residency, with the right to work, for undocumented immigrants who entered the United States as minors—and, if they later satisfy further qualifications, they would attain permanent residency.

Illegal immigration, or unauthorized immigration, occurs when foreign nationals, known as aliens, violate US immigration laws by entering the United States unlawfully, or by lawfully entering but then remaining after the expiration of their visas, parole or temporary protected status.

<span class="mw-page-title-main">Employment authorization document</span> Document issued by the United States Citizenship and Immigration Services

A Form I-766 employment authorization document or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.

During the 18th and most of the 19th centuries, the United States had limited regulation of immigration and naturalization at a national level. Under a mostly prevailing "open border" policy, immigration was generally welcomed, although citizenship was limited to “white persons” as of 1790, and naturalization subject to five year residency requirement as of 1802. Passports and visas were not required for entry into America, rules and procedures for arriving immigrants were determined by local ports of entry or state laws. Processes for naturalization were determined by local county courts.

In United States administrative law, deferred action is an immigration classification which the executive branch can grant to undocumented immigrants. This does not give them legal status but can indefinitely delay their deportation and they may be eligible for an employment authorization document. Deferred action is an exercise of the executive branch's enforcement discretion and was first publicly defined in a 1975 administrative guidance document published by the Immigration and Naturalization Service.

There are thought to be over half a million undocumented immigrants residing in New York City. They come from many parts of the world, especially Latin America, Asia, Eastern Europe, and the Caribbean. About 70% of them have paid work, in catering, construction, retail, driving, cleaning, and many other trades; at least in catering, their wages tend to be lower than those of comparable workers.

<span class="mw-page-title-main">Deferred Action for Childhood Arrivals</span> United States immigration policy that protects certain undocumented immigrants

Deferred Action for Childhood Arrivals (DACA) is a United States immigration policy that allows some individuals who, on June 15, 2012, were physically present in the United States with no lawful immigration status after having entered the country as children at least five years earlier, to receive a renewable two-year period of deferred action from deportation and to be eligible for an employment authorization document.

<span class="mw-page-title-main">Deportation and removal from the United States</span> American legal procedure

Deportation and removal from the United States occurs when the U.S. government orders a person to leave the country. In fiscal year 2014, Immigration and Customs Enforcement conducted 315,943 removals. Criteria for deportations are set out in 8 U.S.C. § 1227.

Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), sometimes called Deferred Action for Parental Accountability, was a planned United States immigration policy to grant deferred action status to certain undocumented immigrants who have lived in the United States since 2010 and have children who are either American citizens or lawful permanent residents. It was prevented from going into effect. Deferred action would not be legal status but would come with a three-year renewable employment authorization document and exemption from deportation. DAPA was a presidential executive action, not a law passed by Congress.

United States v. Texas, 579 U.S. ___ (2016), is a United States Supreme Court case regarding the constitutionality of the Deferred Action for Parents of Americans (DAPA) program.

The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of Pub. L. 106–553 (text)(PDF).

The Priority Enforcement Program is a program by U.S. Immigration and Customs Enforcement (ICE), the agency responsible for immigration enforcement in the interior of the United States, under the U.S. Department of Homeland Security (DHS). PEP was an ICE program that worked with state and local law enforcement to identify illegal aliens who come in contact with state or local law enforcement, and remove those who are removable. PEP was announced by DHS Secretary Jeh Johnson in a November 20, 2014 memo as a replacement for Secure Communities (S-COMM). It builds on an updated list of immigration enforcement priorities released in another memo by Johnson issued on the same day.

<span class="mw-page-title-main">Alan C. Nelson</span>

Alan C. Nelson (1933-1997) was a Commissioner of the Immigration and Naturalization Services (INS) under the administration of then United States President Ronald Reagan, and co-author of the original proposal behind California Proposition 187.

Federal policy oversees and regulates immigration to the United States and citizenship of the United States. The United States Congress has authority over immigration policy in the United States, and it delegates enforcement to the Department of Homeland Security. Historically, the United States went through a period of loose immigration policy in the early-19th century followed by a period of strict immigration policy in the late-19th and early-20th centuries. Policy areas related to the immigration process include visa policy, asylum policy, and naturalization policy. Policy areas related to illegal immigration include deferral policy and removal policy.

<span class="mw-page-title-main">Immigration policy of the Joe Biden administration</span>

The immigration policy of American President Joseph Biden initially focused on reversing many of the immigration policies of the previous Trump administration, before implementing stricter enforcement mechanisms later in his term.

<span class="mw-page-title-main">U.S. Citizenship Act of 2021</span> 2021 United States legislative bill

The U.S. Citizenship Act of 2021 was a legislative bill that was proposed by President Joe Biden on his first day in office. It was formally introduced in the House by Representative Linda Sánchez. It died with the ending of the 117th Congress.

Keeping Families Together (KFT) is a United States immigration policy for certain noncitizen spouses and noncitizen stepchildren of American citizens to request parole in place. It was announced by U.S. President Joe Biden through executive order on 18 June 2024 and implemented on 19 August 2024.

References

  1. 1 2 3 4 5 6 7 8 Pear, Robert (October 22, 1987). "U.S. May Let Some Illegals Stay If Relatives Qualify for Amnesty". The New York Times . Retrieved August 3, 2017.
  2. 1 2 3 4 5 Getlin, Josh (October 22, 1987). "Ineligible Children Face Deportation, INS Says: Such Offspring Can Remain Only if Both Parents Qualify for Amnesty; Spouses Also May Be Ejected". Los Angeles Times . Retrieved August 3, 2017.
  3. ↑ Sources
  4. 1 2 3 4 5 6 7 8 9 10 11 "Reagan-Bush Family Fairness: A Chronological History". American Immigration Council. December 9, 2014. Retrieved February 5, 2017.
  5. 1 2 Blackman, Josh (April 21, 2016). "More on Family Fairness" . Retrieved February 21, 2017.
  6. ↑ Jones, Jack (April 9, 1987). "'Favor the Alien' : Mahony Urges Broad INS View of Amnesty". Los Angeles Times . Retrieved August 3, 2017.
  7. 1 2 "Statement of the American Immigration Council submitted to the Committee on the Judiciary of the U.S. House of Representatives hearing on "The Uncostitutionality of Obama's Executive Actions on Immigration"" (PDF). February 25, 2015. Retrieved February 22, 2017.
  8. 1 2 3 4 5 Farley, Robert (November 21, 2014). "Obama's Actions 'Same' as Past Presidents?". FactCheck. Retrieved February 22, 2017.
  9. ↑ Guendelsberger, John W. (1992). "Family Fairness: A Status Report". International Migration Review. 15: 45–57. JSTOR   23143114.
  10. ↑ "A Better Fate for Split Families : INS, Tangled in Rules, Misses the Purpose of Amnesty". Los Angeles Times . November 5, 1987. Retrieved August 3, 2017.
  11. ↑ Tumulty, Karen; Johnston, Ostwald (December 18, 1987). "Panel Supports Splitting Up Alien Families". Los Angeles Times . Retrieved August 3, 2017.
  12. 1 2 3 "Interpreter releases: report and analysis of immigration and nationality law" (PDF). February 5, 1990. Retrieved February 22, 2017.
  13. ↑ "New Measure Opens the Door a Bit Wider to Aliens". The New York Times . Associated Press. February 3, 1990. Retrieved August 3, 2017.
  14. ↑ Howe, Marvine (March 5, 1990). "New Policy Aids Families of Aliens". The New York Times . Retrieved August 3, 2017.
  15. ↑ Ramos, George (February 15, 1990). "Immigrants Cautioned on INS 'Family Fairness' Plan". Los Angeles Times . Retrieved August 3, 2017.
  16. 1 2 "IMPACT OF THE IMMIGRATION ACT OF 1990, FAMILY UNITY PROVISIONS, ON MEDI-CAL ELIGIBILITY". California Department of Health Care Services. March 1, 1993. Retrieved August 3, 2017.
  17. ↑ "24.4 Family Unity Program". United States Citizenship and Immigration Services . Retrieved August 3, 2017.
  18. ↑ Lind, Dara (November 20, 2014). "Did George H.W. Bush really pave the way for Obama on immigration?". Vox. Retrieved August 3, 2017.
  19. ↑ Fitz, Marshall (December 15, 2014). "The Bush Family Fairness Plan Is the True Precursor to the President's Executive Actions on Immigration". Huffington Post .
  20. ↑ Noferi, Mark (October 2, 2014). "When Reagan and GHW Bush took bold executive action on immigration". The Hill . Retrieved February 5, 2016.
  21. ↑ Blackman, Josh (January 6, 2015). "The Constitutionality of DAPA Part I: Congressional Acquiescence to Deferred Action". SSRN   2545544.
  22. ↑ Margulies, Peter (April 21, 2016). "Peter Margulies -- DAPA and a Pragmatic View of Work Authorization and Family Fairness: Reply to Marty Lederman" . Retrieved August 3, 2017.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.