Flawed Immigration Law May be Useless

February 26, 2001

The American Meat Institute says a new immigration law intended to temporarily aid in the use of essential, legal immigrant workers may be too flawed to be used by employers. On Dec. 21, then-President Clinton signed into law the Legal Immigration and Family Equity (LIFE) Act which sought to allow anyone proving residence within the United States, whether legally or not, the opportunity to apply for a labor certification visa until April 30, 2001.

To link the immigration law with the workforce, all applications would need to be submitted by employers, AMI points out. But oversights in the LIFE Act may prevent employers from taking advantage of the law, since it does not waive penalties for employers if they try to help their employees adjust their resident status from their originally completed employment eligibility verification (I-9) form. Furthermore, the act does not protect applicants from deportation during the certification process, leaving the intended beneficiaries of the act exposed, as well.

While the spirit of the LIFE Act is worthy, the flaws in it are not, says AMI. In fact, step-by-step guidelines for using the new law are still not available from INS. Until flaws in the LIFE Act are addressed, industry members may be at risk and should proceed with caution.

For more information, AMI can be contacted at (703) 841-2400. A link to INS information about the LIFE Act may be found at http://www.ins.gov/graphics/services/residency/LIFE.htm.