In the legal sense, amnesty means the extension of forgiveness when the government decides that bringing people into conformity with the law is more important than punishing them for past offenses.
Allowing illegal immigrants to legally remain in the United States is often called, usually by its opponents, “amnesty.” Some modern observers contend that the word “amnesty” is inappropriately applied here. One reason is that the proposals under Congressional consideration include financial penalties for illegal immigrants, and because there are penalties there is no true forgiveness of their illegal status.
Another reason is that the government’s current practice is generally to deport but not prosecute illegal immigrants, and since there is no legal adjudication of guilt, nothing is forgiven.
Immigration amnesty refers to the practice of granting legal immigration status to persons who are currently in the US illegally, either because they entered the United States without being processed at the border, or because they are still in the U.S. after their immigration permission has expired. Rather than having an illegal immigrant deported or removed, amnesty allows the person to stay in the country for a period of time, or indefinitely.
Immigration amnesty laws exist to grant temporary or permanent resident status to aliens fleeing political or religious persecution in their home country. This is often referred to as “political asylum” status, although technically the terms “asylum” and “amnesty” are different.
Asylum generally applies to persons at U.S. borders who have yet to migrate to the U.S. but are experiencing religious or political threats in their home country. That is, a person can apply beforehand for an asylum visa.
On the other hand, amnesty is usually granted to someone who is already in the U.S., but has been an illegal immigrant because they entered the country in an illegal manner or because they overstayed their visa.
Is Amnesty a Permanent Program?
No. Amnesty programs are temporary. In the 1980s, then-President Ronald Reagan offered blanket amnesty to about 4 million illegal aliens. Since 1986, Congress has occasionally passed legislation offering immigration amnesty to specific groups of persons. President Joe Biden’s Department of Homeland Security (DHS) has extended temporary amnesty status for more than 7,400 Syrian nationals living in the United States, and intends to offer it to 343,000 Venezuelans. They will be offered Temporary Protected Status (TPS) for 18 months.
There is a bill currently before Congress to offer amnesty through the “Dignity Program” and the “Redemption Program.” The Dignity Program creates a 10 year period in which illegal aliens who are not covered by other provisions will receive work permits and protection from deportation, so long as they do not commit crimes and they pay $1,000 every year into an “American Worker Fund.” The Redemption Program will give illegal aliens the opportunity to earn permanent residence (a “green card”) by completing 5 years of English and civics education, as well as making similar restitution payments.
These requirements may change or evolve as global political conditions shift over time. For instance, U.S. immigration authorities may issue more amnesty rulings for persons originating from selected countries. The following year they may limit amnesty rulings for the same countries if conditions have changed.
When Is Amnesty Granted?
Amnesty is not granted automatically upon request. Amnesty laws are subject to an individual case-by-case application for each applicant.
Amnesty may be granted if:
- The alien will be persecuted. If the alien is facing immediate, real persecution if they return to their home country, that is grounds for amnesty. The alien must be facing imminent harm or death if they return to their original country. Usually, it must be political or religious persecution; or
- A specific U.S. residency period is fulfilled. At times, the United States has granted amnesty to aliens who had been living in the United States illegally for long periods of time (as much as 10 or 20 years, sometimes). The Immigration and Reform and Control Act of 1986 (IRCA) provided amnesty to aliens who had been living in the U.S. since before January 1, 1982, and to seasonal agricultural workers who had been in the U.S. for at least 90 days prior to May 1986. Nearly 3 million people applied for amnesty under this program, and 2.7 million people were ultimately approved for permanent residence.
IRCA required that the alien provide proof of registration with the Selective Service and that they met minimal knowledge requirements in U.S. history, government and the English language. After applicants were given legal status or deemed temporary lawful residents, they were disqualified from receiving all types of public welfare assistance for 5 years (except for Cuban or Haitian immigrants).
The following two conditions are also required:
- No criminal history: The person must have no history of major criminal charges. Multiple misdemeanors or citations can sometimes be just as serious as felony charges; and
- The alien will not become a “civil charge.” This means that the person will not be a burden to state resources such as welfare or other assistance programs. Aliens who have skills that are in demand and are employable stand a greater chance of obtaining amnesty.
Can Amnesty Privileges Be Lost?
Yes – a person can still be subject to deportation or removal even after they have been granted amnesty. For instance, if the person commits crimes after being granted amnesty, they could be removed from the country. As mentioned, repeat offenses for less serious offenses can have the same effect as a felony charge.
Why is Amnesty Controversial?
Since the 2000s, immigration amnesty has become a very debated issue. Some people believe that blanket amnesty should be offered to all persons who are in the US illegally but who have committed no other crimes. Those who support this position often point out that if all the persons who are in the US illegally – estimated at 12 million people – were removed, the US would suffer severe economic setbacks.
Opponents to immigration amnesty allege that persons who are in the country illegally have already broken the law and should not be rewarded with legal immigration status. They also claim that offering immigration amnesty is an affront to those immigrants who followed the rules when they entered the country and when they applied for legal immigration status.
Polls indicate that most Americans are in favor of offering amnesty to illegal aliens. A Fox News poll in 2017 showed that amnesty programs receive bipartisan support: 95 percent of Democrats want legalization to occur, 69 percent of Republicans support it, and 82 percent of independents support it.
Do I Need a Lawyer for Assistance with Immigration Amnesty Provisions?
You may need to hire an immigration lawyer to apply for amnesty. Find a qualified immigration attorney who can consult with you about your immigration status. Applying for immigration amnesty is a complex process because the legislation surrounding amnesty changes so often.
Even if you can complete all the forms yourself, consultation with an experienced immigration attorney can help you understand the process, determine the best way to proceed, and help you succeed in your request for amnesty.
Another important reason to hire an attorney is that by filing for amnesty, you are alerting the government to the fact that you are here illegally, something that the government may not have been aware of. An experienced attorney will help keep the process from backfiring and resulting in your deportation. Your lawyer will be able to represent you in the event that you need to attend an immigration hearing, court meeting, or an interview.
