Preserve Equal Rights in Immigration

Dear Sir/Madam:

I urge you to actively support the very important immigration measures detailed below. Congress must positively address these issues. These important immigration matters would restore law, justice, fairness and family values to our immigration system and correct past government mistakes.

Recently, it has been brought to my attention that the United States government promotes a law that violates the human and civil rights of people residing in this country. According to the Immigration & Naturalization Service (INS), under section 212(h), if a Legal Permanent Resident (LPR) has committed a crime that is categorized under an “aggravated felony”, they are no longer eligible for a waiver of removal in order to remain in the U.S. My concerns regarding this law is as follows:

· The INS has expanded the definition of an “aggravated felony” to the extent where almost any crime that is committed, including tax evasion, is categorized as an aggravated felony. How rational and logical is this definition that the INS passed?
· According to the INS, if a LPR has committed an “aggravated felony”, they are to be deported to their homeland, yet if an Illegal Alien is in the U.S. and commits a crime that is constituted as an “aggravated felony” they are eligible for the section 212(h) waiver. How is this constitutional and fair to people that are legal residents in this country for 30 years, are tax payers and have established family ties in this country? It seems to me it violates “Equal Protection”.

On April 12, 2001, a decision was rendered in the District Court for the District of Connecticut for the case of Sylwia Jankowski v. INS. Jankowski was an LPR and convicted of an aggravated felony. Being denied eligibility for a waiver under section 212(h), a petition was filed. “The court determined it had jurisdiction over petitioner’s equal protection claim. The court also determined that INA section 212(h) violated the equal protection component of the 5th Amendment. There is no rational basis for INA section 212(h) treatment between non-LPR’s and LPR’s.”

Another law that I would like to bring to your attention that is deemed unconstitutional is Illegal Immigration Reform and Immigration Responsibility Act (IIRAIRA). The law denies long term legal residents their day in court, tears families apart, and aims at the wrong targets by deporting law abiding people. This law, among others, has had severe and unintended consequences unfairly subjecting thousands to deportation. Prior to the passage of Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), section 212(c) of the INA provided relief from deportation for long-term permanent residents who had committed a crime but merited a “second chance.” In order to be eligible to apply for section 212(c), an applicant have had to been a lawful permanent resident for at least 7 years and had served less than five years of a sentence if the crime committed was classified as an “aggravated felony” and no other criminal record.

However, the IIRAIRA completely deems anyone ineligible if they have been convicted of an aggravated felony. The IIRAIRA, as previously stated, has expanded the definition of an “aggravated felony” for immigration purposes, which include non-violent crimes such as shoplifting.

The ability to apply for section 212(c) and section 212(h) should be restored for lawful permanent residents who have made a mistake and are paying for their error. The law should be amended to narrow the definition of an “aggravated felony” to include only serious offenses. These matters are very serious and it is important to consider certain factors that play into decisions that will be made regarding this issue. Is it fair to cast away a man that for the first time in 33 years made an error? Is it fair to destroy a family that has been built on American soil and has been raised the American way for a mistake that was made? In the Pledge of Allegiance it states, “With Liberty and Justice for All.” Let’s hold true to this statement that we pledge and make this country and its laws fair and just for all who abide here.