|
Regulation of International Students
Section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 mandated that the Immigration and Naturalization
Service ("INS") develop an information collection program relating
to non-immigrant foreign students and other exchange program participants.
In December of 1999, the INS proposed a ruling authorizing the collection
of fees on certain non-immigrant visas to fund this tracking program.
Initially conceived as a way to gather information on foreign students
who would be spending four or more years in the United States, this Section
has had a number of unintended and unfortunate consequences.
ACA is requesting that Section 641 of Public Law 104-208
be amended to exclude non-immigrant exchange program participants that
enter the United States using J-1 visas for visits of twelve months or
less duration under programs authorized by the Department of State (formerly
the United States Information Agency).
ACA has continued to work with a broad coalition of organizations
to ensure that camps are not negatively effected by the INS’ proposed
Coordinated Interagency Partnership Regulating International Students
(CIPRIS). ACA and coalition members have held a wide variety of meetings
with members of Congress and the administration, committee staff, and
others with influence over public policy. ACA has also asked its members
to contact their Senators and Representatives to encourage them to support
the ACA position. (See www.ACAcamps.org/publicpolicy).
The coalition is pursuing a two-track legislative strategy.
First, we have drafted an amendment that, if passed, will result in a
significant reduction of fees imposed upon program participants. This
reduction of fees will greatly reduce the financial hardships placed on
international counselors as well as on camps that may have to absorb the
cost. We anticipate the fee will be reduced from its proposed $95 to a
more reasonable $45 for short-term participants in CIPRIS.
The second legislative approach is an amendment offered
by Senator Judd Gregg (R) of New Hampshire, and included in the Commerce,
State, Justice Appropriation for Fiscal 2001. Senator Gregg’s amendment
repeals the entire CIPRIS program. There is significant resistance to
this amendment in the House, and again ACA has asked its members to contact
their House members in support of the language. The absence of repeal
language in the House bill means the issue will have to be resolved in
a House-Senate conference committee. We are hopeful this amendment will
survive.
Background Information
In fact, the requirement to track participants that enter
the United States under J-1 visas for visits of twelve months or less
duration is unnecessary since these programs are administered by the Department
of State (formerly USIA) that has specific regulations requiring that
the Sponsors track each and every participant.
- The fee program is poorly conceived. It imposes the same fee upon
someone in the country for four years as for four months. Collection
and accountability are not well thought out.
- The fee will discourage short-term employees from working and seeking
employment in the U.S., creating a staff shortage in camps.
- If the non-immigrant is unable to pay the fee, the burden will fall
on camps, 75 percent of which are run by not-for-profit organizations.
ACA members employ approximately 16,000 non-immigrants each year for
periods ranging from two to four months.
- INS will not receive any benefit under the CIPRIS program. By the
time the information is collected the counselor will have left the
country.
- ACA believes it was not the intent of authorizing legislation’s
sponsor, former Senator Alan Simpson of Wyoming, to effect camps in
this way. His discussion of the legislation specifically addressed
the need to track long-term students, those in college for an anticipated
four years.
ACA has drafted letters supporting this legislation as well as thanking
Senator Gregg for his efforts. If you have not sent a letter to your member
of Congress, please obtain a letter from ACA’s Web site and mail it in
promptly.
Originally published in the 2000 Fall issue
of The CampLine.
|
