No Title
http://www.ailf.org/lac/2002/030402a.htm
American Immigration Law Foundation
For immediate release:
Monday, March 4, 2002
Contact:
Supriya Satpathy, (202) 742-5608
Nadine Wettstein, (202) 742-5611
Government Bungling Denies Asylees Basic Rights;
Victims File Suit
WASHINGTON, D.C.- Immigrant advocates filed a national class action lawsuit in federal court today challenging the Immigration and Naturalization Service\'s (INS) misadministration of a law that provides persons granted asylum the right to live and work in the United States permanently. The suit, filed by the American Immigration Law Foundation and Dorsey & Whitney LLP, seeks to compel the INS to issue all allotted "green cards" fairly on a first-come, first-served basis.
Some 50 named plaintiffs represent tens of thousands of asylees throughout the country. The plaintiffs are all refugees who fled persecution in their home countries and were granted asylum in the United States. Under U.S. law, they may apply to become permanent residents, or so-called green card holders, of the United States. Congress has imposed a cap of 10,000 on the number of asylees who can attain permanent resident status each year.
The lawsuit alleges that the government failed to distribute more than 18,000 green cards in the last eight years while more than 60,000 asylees wait in legal limbo; failed to process applications on a first-come, first-served basis as required by law; and kept thousands of asylees on the wait list who are exempt from the cap. The lawsuit also challenges the government\'s practice of requiring asylees to obtain a new employment authorization card each year-at a cost that presents a hardship for many families-while they wait for their permanent status.
As a consequence of the delays, asylees are unable to reunite with their families, secure long-term jobs, and travel outside the United States. They must pay expensive out-of-state college tuition rates even though they are in-state residents.
"This is not a case of benign neglect," stated Richard Rulon, Chairman of the Board of Trustees of the American Immigration Law Foundation. "These individuals are suffering. They are forced, unnecessarily, to wait for years to obtain the permanent status that is provided under our laws. The delay prevents them from becoming full, participating members of our society."
The suit is seeking a number of remedies. It calls on the court to order the INS to administer the wait list on a first-come, first served basis; distribute the unused green cards; and find an alternative to the expensive work authorization renewal requirements.
"There is no reason to delay adjustment of status for people who have fled persecution abroad and have already been granted asylum. They have satisfied all security checks and are now living and working here lawfully. We should grant these people permanent resident status and allow them to fully rebuild their shattered lives, " stated Nadine Wettstein, an attorney at the American Immigration Law Foundation.
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The American Immigration Law Foundation is a 501(c)(3) nonprofit organization dedicated to increasing public understanding of immigration law and policy and the value of immigration to American society; to promoting public service and excellence in the practice of immigration law; and to advancing fundamental fairness and due process under the law for immigrants.
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American Immigration Law Foundation
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