News Update - May 15, 2007Senator Proposes ‘Orange Card’ Program to Adjust StatusSenator Chuck Hagel (R- Neb) introduced S.1225 in the Senate on April 26, 2007 entitled “The Immigrant Accountability Act of 2007.” The bill proposes establishment of a point system for granting conditional and eventually permanent resident status to aliens who entered the U.S. before January 7, 2004 and are not otherwise inadmissible. Such aliens would have 180 days from the publication of an appropriate application to submit such with a $2000 fine/fee and evidence of their eligibility. Successful applicants would receive an “Orange Card” after completing security checks, which would provide conditional resident status and be valid for 8 ½ years or until such time as the alien adjusted to permanent resident status or the Service revoked the status, whichever is earlier. The bill establishes a point system for establishing eligibility including points for years of continuous presence in the U.S., years working in the U.S., relatives who are U.S. nationals, “civic engagement,” and language ability and provides extra points for “contributions to society.” Applicants must have paid their federal and State taxes and not be otherwise inadmissible. Aliens demonstrating basic eligibility will be able to receive stays of removal and termination of removal proceedings and also be able to receive Social Security Cards. Spouses and children of such aliens would also receive conditional residence as would domestic abuse victims who must file without the principal relative. The bill was introduced in the Senate and referred to the Senate Committee on the Judiciary. You may view the bill at http://thomas.loc.gov. † The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004. ‡ This article © 2007 Alan Lee, Esq.
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Copyright © 2003-2012 Alan Lee,
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