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The Honolulu Advertiser
Posted on: Tuesday, March 28, 2006

Hawai'i immigrant advocates laud Senate bill, criticize Case

By Gordon Y.K. Pang
Advertiser Staff Writer

Local advocates for immigrants are applauding a bill approved yesterday by the U.S. Senate Judiciary Committee that would make it harder for illegal immigrants to enter the country while offering help to the millions already in the United States.

The legislation is markedly different from a House immigration reform bill passed late last year that cracks down on illegal immigration without provisions to help those already in the country classified as undocumented alien workers, essentially immigrants who do not have valid written authorization to be in the U.S.

Members of the Hawai'i chapter of American Immigration Lawyers Association also took the opportunity to chastise U.S. Rep. Ed Case, D-Hawai'i, for supporting the harsher House version of the bill.

The Senate version is more like the so-called "guest worker program" supported by President Bush.

Case, in response, said that while he supports a comprehensive approach to immigration reform, he does not agree with the bill that moved out of the Senate Judiciary Committee.

KahBo Dye-Chiew, chairwoman of the Hawai'i chapter of the immigration attorneys group, was one of two Hawai'i advocates in Washington, D.C., last week lobbying for the Senate bill and against the House version. Several members of the group also met here last week with Rep. Neil Abercrombie, D-Hawai'i, who opposed the House bill, as well as staff members of other lawmakers.

"We were hoping that what came out of the Judiciary Committee is something that is comprehensive immigration reform — that we would not only have enforcement provisions but we also would have a realistic look at what to do with 11 (million) to 12 million undocumented aliens in the U.S," Dye-Chiew said.

She said she has one client whose work visa is expired and whose employer is unaware of it.

"I'm sure he's not the only one," Dye-Chiew said. "(The Senate bill) would help him. He's been paying taxes the whole time. He has no criminal record."

Initially, the man would be able to get a new nonimmigrant status, allowing him to seek work from another employer, and eventually apply for a lawful permanent residency status, she said.

Cade Watanabe, a community organizer for Local 5, the Hotel Employees and Restaurant Employees Union, said his union counts undocumented workers among its ranks.

Watanabe said the union opposes the House version because it concentrates on enforcement against illegal immigrants. The Senate version, he said, supports workers' rights, regardless of their immigration status.

Cecille Piros, a travel agent in Kahului, said the House version makes it a felony for a person to help illegal immigrants, a provision she described as "inhumane."

"Sometimes they come in undocumented and I will tell them what to do to become legalized or be permanent (immigrants)," Piros said. A 36-year resident of Hawai'i, she said: "We came here to find greener pastures. We didn't come here to terrorize."

A major argument of those who oppose help for undocumented residents is that they are taking away jobs from U.S. workers. Dye-Chiew, however, said "there are lot of protections in place to make sure that foreigners who come to the United States do not take away jobs from these workers."

Maile Hirota, the former chairwoman of the immigration lawyers group, said the group was stunned and disappointed by Case's support of the House bill.

"I'm very surprised by his position," Hirota said, noting that a higher percentage of the Neighbor Islands, which Case represents, consists of foreign-born citizens. "I don't believe it represents his constituency."

Case said that while he supports comprehensive immigration reform, "before we deal with that big picture, we have to stop the bleeding."

He added: "In order for us to move on in some sustainable way with a logical and practical immigration policy, we have to prevent illegal immigration, period."

Case said he opposes the Senate bill if it allows a blanket amnesty for illegal workers already in the U.S. if they only need to pay a fine. "I'm not ready to provide a blanket amnesty," he said.

He said he would also consider the Senate bill "seriously deficient" if it did not require employers to verify the legal status of potential employees.

Hirota, who estimated there are about 10,000 undocumented immigrants in Hawai'i, said the Senate version does not provide a blanket amnesty for undocumented immigrants and they must undergo a series of background checks, show proof they pay taxes, are working, and have good moral character.

Case is challenging U.S. Sen. Daniel Akaka, D-Hawai'i, for one of the state's two senate posts. Akaka spokeswoman Donalyn Dela Cruz said her boss is expected to support the Senate bill. It is not clear how the fourth member of Hawai'i's congressional delegation, Sen. Daniel K. Inouye, falls on the issue. A spokesman for Inouye could not be reached late yesterday.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com.


Correction: Maile Hirota, former chairwoman of the Hawai'i chapter of the American Immigration Lawyers Association, estimates there are more than 10,000 illegal immigrants living in Hawai'i. A different figure was given in a previous version of this story.