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Maureen T. Kelleher Errata

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I blogged before about a talk given by Maureen T. Kelleher on her work at Legal Aid Service of Collier County and what led her to it.  Well, sometimes reporters don’t quite get it right.  Sister Maureen has sent along some errata, which she asked me to pass along to you.

She lays it out, after the break.

Legal advocate discusses immigration issues at local church

MURDOCK — Should immigrants be granted citizenship, be assigned a Social
Security number and pay taxes? These are just a few of the questions
surrounding issues that the U.S. Conference of Catholic Bishops is asking
Congress to address.

Sister Maureen Kelleher, attorney advocate, managing attorney of Legal Aid
Services of Collier County, and consultant to Catholic Charities of Venice,
brought answers to these and a host of other questions Friday evening to a
packed hall at St. Maximilian Kolbe Catholic Church.

Kelleher’s presentation was titled “Immigration: Where do we go from
here?”

“When I was deciding how to use my education to help people, I
considered going to El Salvador or Haiti to work, but was concerned about the
volatile situations in both countries,” Kelleher said. “After much
thought and prayer, I began my work with migrant workers and families in
Immokalee in 1983, and made it a permanent vocation in 1984 by helping migrant
farm, food service and construction workers achieve legal status, although I
have since visited El Salvador, Haiti and Guatemala several times to witness
living conditions firsthand.”

Kelleher explained, “Immigration laws have evolved over the years, and
in 1986, I played a significant part with the bishops and attorneys from
Immokalee and Miami in ensuring that migrant workers would be issued
a blue visa
should be temporary card to allow them (to) work, if they could prove through their work history that they
were qualified, our case went all the way to the Supreme Court.  ( I never used “blue card” since it as a description of
temporary only came into Congressional discussions in 2007!)
(Also I did not go to Supreme Court, the case did)
In 1996, the laws tightened again, though, and among other restrictions, workers that wanted to visit their
homeland and relatives were prohibited from returning. The law penalizes those unlawfully here for over 6 months and then
exit by
making them stay out
for three years. Those who are unlawfully here for 1 year or more and who exit must stay
out ten years.
I never said the undocumented get to stay here 3 years.

Immigration laws governing eligibility differ on a variety of factors from
country of origin, education and student status, to proven skills and prior
occupation in high-priority fields, such as medicine and engineering — plus
written proof is required. Cubans immigrated freely to the U.S. for decades, but when limitations were imposed in
1985, they were required to provide written proof of persecution and status.
(I never said an such thing. I spoke of an executive order of 1966 which
allowed those who make it to the U.S. to file for political asylum. I never said anything
about 1985—nor can Cubans immigrate freely, but are turned back if caught
in the water. )
That led the way for the wet-foot, dry-foot policy, which says Cuban refugees have to have both feet on American soil in order to apply for asylum.
Recent changes in the law governing political asylum for all applicants has become restrictive such that these applicants have to have corroborating proof of
their persecution.

Kelleher went over the immigration eligibility requirements for the workers in Immokalee in great detail.

In regard to temporary H2A migrant workers can be fired from their jobs for no cause. We fear a lack of portability, they can’t go look for another
job,” she said. “Many high school graduates will take a job at a fast-food restaurant, but if you were to suggest that they pick vegetables from
a field all day or chop sugar cane down with a machete — chances are they’ll refuse. Migrant workers have provided a valuable resource because they are
willing to do these and other jobs for low wages, but they are also subjected to bribes and payoffs from work bosses.”

Additional problems ensue for the children of immigrants who are born in the U.S., Kelleher said, and from the variety of laws surrounding their rights. The
questions and answers are many, and the issues complex. They include conforming to Immigration and Customs Enforcement laws, and the dangers of human
trafficking gangs that prey on migrants with no legal status.

The solutions may be long in coming, but people like Kelleher and her associates continue to work diligently to convince Congress to enact laws that
will protect the human rights of migrant workers and their families.

Written by Jimmy Midyette

January 23rd, 2009 at 1:30 pm

Posted in News, Programs

Tagged with ,

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