Speech #980216064

My amendment essentially is a technical amendment which clarifies the procedure for the Attorney General to establish eligibility guidelines for this requirement. It also clarifies the term "continuous residence." which is not defined in the bill. and which will be one of the requirements for eligibility. Let me make clear that continuous residence is not the only test undocumented persons will have to meet to become eligible for permanent residency. Criminals. likely public charges. and persons with certain health and mental disorders are automatically excluded. And the same 33 exclusions that apply to legal immigrants also are applicable to the undocumented individuals seeking legalization. Because the bill before us does not specify the kind of documentation necessary to prove continious residence. my amendment would clarify that the Attorney General could use affidavits signed by credible witnesses who can verify that an individual meets the continuous residence requirement. Such affidavits are currently used by INS to determine continuous residence for naturalization applicants. The unique circumstances of undocumented persons would make it difficult if not impossible for some who qualify for legalization to prove how long they have lived here if they cannot present affidavits from parish priests. landlords. and other upstanding members in the community who can vouch for them. This amendment also would prohibit the Attorney General from penalizing an individual who has traveled out of the United States for a period of less than 30 days per year. As the bill is written. we dont know whether or not a weeks absence to attend a funeral or wedding. or some other voluntary trip. would exclude an individual from meeting the continuous residence requirement. The rationale behind this amendment is consistent with the goal of the bills proponents for a successful legalization program. which is explicit in the committee report: "The committees intent is that legalization should be implemented in a liberal and generous fashion." The purpose of the committees language is to ensure that those undocumented persons who should be legalized under this program. are legalized. to help relieve us of the terrible problem of an underground population living outside of the legal system. If Congress agrees that a legalization program is necessary. the logical step is to guarantee that it will be administered fairly. If it is not fair. and administrative procedures work to exclude persons who are qualified for legalization under the bill because of unmeetable conditions of verification and continuotis residence. we will be perpetuating the crisis we have today. And 5 years from now we will be seeking new reforms to solve it. If you support the theory on which this legislation is basedthat employer sanctions and legalization of certain persons are inextricable components of immigration reformthen you will support this amendment which will ensure a fair and reasonable approach to legalization.