News Scrapbook 1986-1988

D ECISIONS in many amnesty applications will depend on the judgment of inexperienced INS ex- aminers interpreting 50 pages of complex regulations in more than 100 legalization centers nationwide. Rogers is confident the inspectors can meet the challenge. "We're not babes in the woods in doing interviews," he said. "A natur- alization (for citizenship) application is not too different than what we're talking about here. In both cases, ap- plicants have to prove they've been here five years and are productive members of society.'' For the three San Diego and Impe- rial county centers, the INS is scram- bling to fill 58 positions with recalled retirees and civil service personnel. Nationwide, the agency is hiring 2,200 employees for the massive project, said ranking administrator Everson. Arthur Shanks, the newly hired San Diego district deputy director overseeing local legalization opera- tions, promises the offices will be open May 5 but admits the scene could be chaotic: Adjudicators could be using folding chairs and tables, he said, while applicants may be doing little more than making appoint- ments for later processing. Rogers said most applicants should know within 60 days whether they will get a card indicating their legal residence. In the meantime, the INS has agreed to postpone until Sept. 1 sanc- tions against employers whose work- ers' amnesty applications have not been processed by June 1. The final decision on applications will come from regional processing centers like one at Laguna Niguel in south Orange County, where comput- er files will be matched with those of the FBI and other agencies. Support- ing documents also will be analyzed to determine authenticity. The INS' heavily stressed guaran- tee of confidentiality is off for any- one using fraudulent documentation, Rogers said. Such cases will be sub- ject to prosecution and deportation. Jess Haro, head of the Chicano Federation, expresses a common concern of advocacy groups in fear- ing that legalization is a "program of exclusion." "I have seen nothing so far that tells me that the INS is going to oper- ate any differently than they always have, which is that of a law-enforce- ment agency whose goal is to deport people from this country," he said. More optimistic is the Rev. Doug Regin, director of San Diego Catholic .Community Services He said the ini- tial INS response will set a pre- cedent. 1 "It's almost like there's going to be a test-case group," Regin said. Despite its shortcomings, Regin believes the new law is better than none. "Now we have a subpopulation (to whom) we can say, 'Come out of hid- ing. Let's clarify your status so that you can live without the fear and anxiety that's been part of your life for the past several years,' " he said. But others are predicting a back- lash when, because of logjams or strict interpretations of now-hazy regulations, first-comers encounter defeat. "I think the description of a fuse burning short is a good analogy," said immigration attorney Larrabee. "In about 40 days or so, there's going to be an explosion. People are geared up for this. They've been told by all sorts of sources - the media, consul- tants - that come the magic day, May 5th, you've got a green card. "It's not going to happen." • • • 'l;ITHILE MANY are willing to I' I' speculate about what will or won't happen in the coming weeks and months, the fact remains that no one can answer the questions that are being asked right now. No one can tell the Lopezes whether either or both of them will get amnesty. · No one can tell Louis Hein what will happen if he hires - or refuses to hire - that Spanish-speaking la- borer. And no one can tell Border Patrol supervisor Arnold Forsyth whether this complex and controversial law will make his job easier or more de- manding in the new era America is entering. As SDSU's Nalven observes, there are no pat answers. "It's going to take years to figure out what's going to happen."

INS OFFICIALS are getting used to such criticism but say the agency is doing all it can to come out with rules that are both workable and fair. ''That's why we brought out the preliminary regulations early (in January)," said Verne Jervis, a Washington, D.C., spokesman. "We could have speeded the process by going then into the Federal Regis- ter.'' Instead, Jervis said, the INS has steered a slower, more elaborate course to get "the widest possible input." Also, delays resulted from pro- posed regulations having to "circu- late through (numerous) federal agencies, including the White House," Jervis said. But the bottom line is summed up by Cliff Rogers, San Diego INS depu- ty district director: "We're all enter- ing into uncharted waters.' Rogers and other INS officials re- mind the impatient masses that the Jaw, in all its convolutions, was a long time in coming. The first bill of its kind was passed by the House in 1972 but was killed in the Senate by opposition from growers. It included penalties for hiring undocumented workers but said nothing about amnesty for those already in the United States. Amnesty, or legalization, first was proposed in 1982 by Sen. Alan Simp- son, R-Wyo., and Rep. Romano Maz- zoli, D-Ky. Their comprehensive bill sailed through the Senate on an 80-19 vote but died in the House under election-year attacks from labor, mi- nority and business interests. After more false starts, the Immi- gration Reform and Control Act of 1986 finally cleared Congress on Oct. 17. The catalyst was an amendment that helped growers while shoring up rights of field hands. When President Reagan signed the law on Nov. 6, he set in motion the complex rule-making mechanism that has yet to be completed. After releasing preliminary draft regulations two months ago, the INS has made revisions based on com- ments Commissioner Alan Nelson said would measure 2 feet high if stacked. Among the changes, amnesty ap- plication fees, which had been esti- mated at $200, were lowered to $185 for adults and $50 for children, with a maximum of $420 per family. While advocacy groups contend that the fees are still too high, Nelson bas defended the $185 charge as "the same fee as paid by a legal immi- grant." The INS commissioner has been quoted as saying the figure "meets the proper thrust of the 'user fees' concept, an approach in which the U.S. taxpayers do not pay the cost of benefits to a special group." The definition of "resided continu- ously" also was revised to accept ap- plicants who have not been out of the United States more than 45 days at a time since 1982 and no more than 180 days in all. Previously proposed lim- its were 30 and 150 days. The INS also liberalized part of the "public charge" provision to allow undocumented workers receiving workers' compensation to be eligible for amnesty if they meet the other criteria. A wrinkle that immigrant-rights '' advocates still hope to iron out is a stipulation that amnesty applicants had to enter the country illegally. That could eliminate thousands who originally crossed the border legally with 72-hour passes. Also uncertain is how strict the INS will be in accepting affidavits as proof of residency from friends, neighbors and previous employers. Vargas of the USD institute said INS preliminary tegulatious indicate that employers' affidavits will have to be on company stationery, outline the period of time worked, describe in detail the job perfonned and say whether the information was taken directly from occupational files and whether those files are open for in- spection. Vargas doubts that aliens or em- ployers will be informed enough "to comply with all those requirements." Yet another pitfall is pointed out by nursery owner Mazalewski, who knows employers who pay workers in cash and do not deduct withhold- ing taxes. "A lot of employers are not gning to give them their documentation (for fear) that the IRS or the state of California is going to come after them," Mazalewski said. "I know some landscape people who are hir- ing illegals. They've gone back and asked for letters, and they won't even talk to them." • • •

*Amnesty ,~ Contmul'd T-rom Page 1 pj which in •ludes harsh penalties for employers who knowingly hire undo- cumented alien. Immigration lawyers don't know what lo tell cli nts who are desper- ate for details. Likewise, Catholic Community Servic and other as- tance organization don't know what to advi e in specific ituations. "You have different levels of a lack of information and confusion," id Jorge Vargas, director of the Un1ve~ty of San Diego's Mexico- U.S. Law"mtllute. "l'ne first level IS the bottom level, the potential appli- can who at this moment are the J " farthest removed from the source. Much of the confusion · blamed on Immigration and Naturalization rv1ce for bemg weeks behind in circulatmg regulations that may an- er some of the questions. But in th1 uncharted jungle, the I S is bav- mg troubles of its own, not the least of w i h is bow to cu rough a tan- le of budgetary and lo i tical barri- e m an extremely short period of time. •· 'v had more than 6,000 re- que:; ts for rule (sin ) we first made them ava le in January," said Mark W. verson, third-ranking ad- mi trator of the INS. "We believe ere is !ready a great deal of knowlege out there about the shape of the program." That a sessmen , however, is hared by few outside the agency. Immigration attorney Pete Larrabee peaks for the majority in describing wid pread "hunger" for informa- tion "There's a huge demand for it, zero upply," said Larrabee, himself a for- mer INS officer. "They (at the INS) are suppo d to have been distribut- in and sending out all types of m dia information to educate the public and employers about the new law ... Th y should have been doing It ince the first of the year." The fru tralion echoes throughout th halls of volunteer organizations. "We don't have a lot of information that we need," said Rosemary J. Esparza, directing attorney for the Centro de Asuntl)S Migratorios, Cen- ter for Migration Affairs, which has been preregistering aliens since No- vember. "There is a lot of concern ju t with the details and how they (at the I S) are going to implement the legalization process." Robert Coffman, who will su- pervi e a n D1eg I 'S legalization L~-11-Mlr who for weeks as rved ai; a volunteer for Catholic Commu- nity Services, said potential appli- canti; are pleading for information he's unable to provide. "They want to know what (th INS) will accept in the way of evidence," he said. "It's sort of mbarrassing to have to say, 'I don't know.' " • • • T HE LOPEZES are among as many as 4 rn1\lion people who may be applying for amnesty, part of an estimated 100,000 in San Diego County. Half may qualify. Lourdes and Magdaleno, both 30, have been married two years. A field worker here since June 1983, Magdaleno '' may qualify for legal residency. But Lourdes, a tortilla maker who came to Vista 2½ years ago, may not. "Some people tell us we both quali- fy," Lourdes said. "Others say (Mag- daleno) qualifies, but I don't. We real- ly don't know who to believe. "All we want is to work. We are not harming anyone, so why won't they Jet both of us stay?" The answer is nebulous because the INS has not responded to what advocacy groups are calling a major flaw in the immigration package - cases in which families will be divid- ed. The INS has maintained that each applicant will be judged individually. As it now stands, aliens who can prove continu us residency in the United States ·nee before Jan. 1, 1982, are eligible for amnesty. The residency standards are shorter for agricultural workers who, like Magdaleno, were in U.S. fields at least 90 days annually from May 1983 to May 1986. They can get temporary residen y and apply for permanent stat after one year. Agricultural workers with 90 days' U.S. labor between May 1985 and May 1986 also are eligible for tempo- rary status but must wait two years to apply for permanent residency. The "family reunification" issue is only one of many gray areas await- ing clarification or legal rulings - m the near future. Another is the definition of ·agri- culture worker" for r i ncy tand- ards. Should that includ n rsery em- ployees? Dalfy farm wor rs? Pro- du packe ? lso of cone rn a provison that e eludes applicants likely to " wel- fare cases. or a "public charg~• Roberto Lobato, a volunteer lt St.

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Tribune photo by Jerry Rife

SEEKING TO ENTER U.S. FROM MEXICO NEAR BORDER FIELD STATE PARK Aliens skirt fences daily, then try to elude Border Patrol agents

also to keep that information for at least three years from the date of hire or one year after termination. Anyone who fails to obtain and maintain such records - even a fam- ily that hires a housekeeper or a company that does not rely on undo- cumented aliens - is liable for fines and other penalties. Although the INS will not begin enforcing sanc- tions until June 1, employers are sup- posed to verify worker status now. Many are not, Higgins said. "A lot of them think it's not going to take effect until this summer: 'Maybe by then somebody will tell me what to do.'" The larger the company, the more likely it is to be in compliance. Olay Mesa Foods, for example, which em- ploys about 300 in Taco Bell fran- chises throughout San Diego, has long required two forms of identifi- cation, including a birth certificate or "green card" work permit, super- visor Janie Logan said. But another step has been recently added. "We copy the ID and put it in the file," Logan said. On the other end of the spectrum is the owner of a three-man concrete company, reluctant to be identified, who mistakenly thinks the law doesn't apply to him. • "I guess it's illegal to hire someone who's not set up with a green card or whatever," he said. "This is such a small company, I don't even have to think about it." Somewhere in the middle are em- ployers like Robert Mazalewski and Phil Mascari. Mazalewski, a nursery owner with 40 employees, said he bas enough un- derstanding of the law "to cover (his) back," but not enough to be sure about unusual circumstances. "If (a new employee) quits three to five days down the line, I don't know the consequences," be said. "I think the law has been too complex." Mascari is a supervising manager of Anthony's Fish Grottos, which has 670 employees in seven restaurants. He has attended seminars on the law and feels relatively secure about it. But he doesn't "know all the ins and outs." "We haven't received any guide- lines from the INS," Mascari said. "It's not 100 percent clear in our minds what papers are going to be accepted.'' Gerald Breitbart, chapter rela- tions director of the California Res- taurant Association, said many em- ployers "don't have the vaguest idea" what they should - and should not - be doing. Part of the problem, he said, bas been the misconception that undocumented aliens are "strictly of Latin descent." The biggest obstacle, he said, is "the fact that the regu)atiOIIS are not clear." • • •

selors and attorneys. "It's getting to where reputable people, reputable counseling centers can't get their act together and can't help all th se people," said Yolanda Martinez, a Centro de Asuntos Mi- gratorios caseworker. "They tend to believe the neighbor rather than a counselor." • • • A S WIDESPREAD as confusion is among aliens, some employ- ers are just as poorly informed. Many believe the Jaw doesn't apply to them if they do not use undocu- mented labor. The owner of a small lawn mainte- nance firm, for example, was asked if she understood the law. "Sure," she replied. "You're not supposed to hire wetbacks, and you'll get in trouble if you do." Joseph Nalven of San Diego State University's Institute for Regional Studies of the Californias said em- ployers must ask for and record the same information from all employ- ees, regardless of nationality. If the same steps are not taken for an applicant who "looks like an American," the employer "has just violated two provisions of the bill," he said. The employer could be penalized for failing to keep the proper records and for violating the discrimination section of the bill, Nalven said. Most employers don't mean to mi- sinterpret the law, observers say, but many nonetheless do. Hein, the dry-wall contractor, has a nucleus of 15 to 20 employees, about half his normal staff. But when business picks up, he might hire 15 in one day. His payroll might leap to 70 or 80. Under those circumstances, he ad- mits, "I probably do have one or two (undocumented aliens) float through now and then." But lately, because of what he's seen in industry brochures and news- papers, Hein bas tightened his hiring practices. "I have bad my superintendents be a little more careful not to hire somebody who looks like they just ran across the border," he said. "You can more or less look at them and figure it out yourself. "If somebody looks like they might be aliens, I doubt that we would hire them now. We've got this big ques- tion mark." Jim Higgins, education director of Associated Builders and Contractors of San Diego County, said employers in general - and smaller firms in particular - are "more confused than they were six months ago." Higgins said record-keeping provi- sions of the law are especially baf- fling. The INS is expected soon to supply forms for each employee. In the meantime, employers are re- quired not only to verify the status of employees hired after Nov. 6, but

Jude's Shrine, told of a mother who fears she will be disqualified for being declared eligible years ago for Medi-Cal, even though she never edit. Lobato said that to 50,000 or more potential applicants in San Diego, hope of legalization is "like ·a vation in one day." "You are in the middle of the ocean," he said, "and there is a board." Maria Elena Verdugo, San Diego legalization coordinator for Catholic Community Services - so far the only agency officially authorized by the INS as a "qualified designated entity" to preregister aliens - re- calls a woman who would risk death rather than denial. The woman was getting public aid for cancer treatments at the UCSD Medical Center and "wanted to dis- continue her cancer therapy" until her application had been processed, Verdugo said. "People who don't fall under the guidelines ... want to know, 'Will I be eligible?' I cannot answer that," Verdugo said. "The INS will be ... answering that." Final INS regulations are not ex- pected until late April or early May, leaving little if any lead time before the May 5 onset of the legalization program. Rumors, speculation and misinfor- mation abound, meanwhile. Aliens are being victimized by un- scrupulous lawyers, consultants and notaries promising legalization for outrageous fees, said Roberto Mar- tinez of the American Friends Ser- vice Committee, a Quaker-sponsored group offering free legal counseling. Spanish-language radio stations from Tijuana to Los Angeles are air- ing commercials from immigration consultants guaranteeing amnesty - for a price. False documents such as rent re- ceipts and Social Security cards are being sold to desperate aliens. In one case, a man was arrested by INS agents after thousands of fake docu- ments were found in a Chula Vista immigration consulting office. Border Patrol Agent Kelly Matthews said counterfeiting has be- come a booming industry. "When we've busted load houses (alien transfer points), we've discov- ered machines for producing Social Security cards and other documents to establish a false ID," he said. Meanwhile, the lack of up-to-date information has led many aliens to rely on rumors and outlandish prom- ises rather than legitimate coun-

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We haven't received any guidelines from the INS. It's not 100 percent clear in our minds what papers are going to be accepted. ____________ ,,

I think the description ofa fuse burning short is a good analogy. In about 40 days or so, there's going to be an explosion. People are geared up for this. They've been told by all sorts ofsources - the media, consultants - that come the magic day, May 5th, you've got a green card. ___________ ,,