Speaker. I rise in opposition to the motion to instruct. Section 245(1) of the Immigration and Nationality act permits. as we have heard. certain family and employmentbased immigrants. family and employmentbased immigrants. to adjust their status to that of permanent residents. some that are not permanent residents because of clerical errors. while remaining in the United States. rather than requiring immigrants to return to their home country to obtain an immigrant visa. We are not talking about if they become legal or when. but where. Do we kick them away from families until the paperwork is completed? Do we deprive families from being together and receiving support from the family member who is deported? Section 245(1) was the product of efforts by the Department of State and the Immigration and Naturalization Service to expedite the process of granting immigrant visas. generate revenues. and free U.S. consulates abroad to fulfill their primary functions. Rather than requiring individuals already in the United States to return to their home countries to obtain their immigrant visas. this provision permits immigrants to remain in the United States while adjusting their status. but it imposes a fine on those who choose this option. The enactment of section 245(i) generates. according to an INS spokeswoman. $200 million in fines this year alone. This additional revenue for the U.S. Government helps to reduce the State Departments visa processing case load by 30 percent. in addition. Last years immigration bill increased the fine to $1.000 from the previous $650. and required that at least 80 percent of the funds generated be deposited in a new INS account to be used only for detention. Failure to extend this provision of the law would result in a shortage of resources for both the INS and the State Department. It would create a backlog in application processing. a shortage of funds for detention. and undercut the primary functions of our consulates abroad. which is to advance foreign policy objectives.
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