By Donna Lamb

On June 24^th, the Committee on Immigration conducted an oversight hearing on the impact of recently proposed and enacted federal immigration legislation on New York City’s immigrants. At the hearing, two resolutions introduced by the committee’s chair, Council Member Kendall Stewart (right), were discussed. The first was Resolution 1008, which supports the enactment of bipartisan federal legislation for comprehensive immigration reform. The second was Resolution 1009, which expresses concern regarding the recent passage of the REAL ID Act of 2005 and urges New York State to implement the law in a manner that minimizes its negative impact on the City’s immigrants.

As Stewart explained, the REAL ID Act was passed in Congress and signed into law by President Bush in May. Some of the major provisions of this act include: modifying the eligibility criteria for asylum and for withholding of removal, limiting judicial review of certain immigration decisions, and requiring states to meet certain minimum security standards in issuing drivers’ licenses and personal identification cards so that they are acceptable for federal purposes. It also expands the scope of what is considered terror-related activity, making more immigrants deportable as well as ineligible for certain forms of relief from removal.

As many of the immigrant advocates who testified at the hearing stated, the anti-immigrant provisions contained in the REAL ID Act will make it impossible for many legal immigrants to get driver’s licenses due to difficulties in obtaining required documents. It will also lead to a rise in unlicensed, uninsured drivers, which, in turn, will increase traffic fatalities and insurance rates and encourage a black market for false documents. Furthermore, this legislation will make it more difficult for immigrants to obtain asylum, and it removes due process safeguards and place refugees at greater risk of being deported back into the hands of their persecutors.

Although the intention of the REAL ID Act was to implement the 9/11 Commission recommendations, several 9/11 Commission members called the legislation "unwarranted" and spoke out against these provisions, arguing that they would not make any significant contribution to public safety and security. With more than 600 organizations nationwide staunchly opposed to the REAL ID Act, especially with regard to the drivers license and asylum provisions, numerous local organizations advocate that the State of New York seek alternatives to complying with the Act’s driver’s licenses standards.

Also discussed at the hearing was the Secure America and Orderly Immigration Act, which was introduced in May by a bipartisan group of Congressmen led by Senators McCain and Kennedy and Representatives Kolbe, Flake and Gutierrez. These bills aim at comprehensive reform of this country’s immigration laws. They were crafted to address both the need for enhanced security at US borders and to provide opportunities for immigrant workers who come to this country to work. The Act would create a temporary visa to allow foreign workers to enter the US and fill available jobs that require few or no skills. The program would also provide the opportunity for immigrant worker to obtain permanent legal status after completion.

Moreover, the bills intend to ensure that employers who hire immigrant workers obey federal, state and local labor, employment and tax laws and also provide the workers with remedies for violations of their rights. The Act contains critical family reunification and backlog reduction provisions and provides some relief for undocumented immigrant workers and their families living and working in the US. Additional provisions of the Secure America and Orderly Immigration Act include: qualification requirements for those who provide immigration assistance, reimbursement for hospitals that provide emergency medical care to undocumented immigrants and to workers with visas in the program, and financial support to state and local governments to pay for the incarceration of undocumented persons.

The expressed hope of the Immigration Committee was to learn how, in light of these two pieces of federal legislation, the City and State can help address the concerns of immigrants and advocates in New York City. Among those who gave valuable testimony were Zahida Piran, representing the New York Civic Participation Project; Amy Sugimori, from the National Employment Law Project; Maria Bottino, with Asian Americans for Equality; Jackie Vimo, from the New York Immigration Coalition; Ju Bum Cha, with the Young Korean American Services and Education Center; Shirley Lin, representing New Immigrant Community Empowerment; and Moni Alam from Desis Rising up and Moving.

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