National Immigrant Solidarity Network
May 2004
Monthly Action Digest

by: Lee Siu Hin - Coordinator
National Immigrant Solidarity Network
1013 Mission St. #6
South Pasadena, CA 91030
Tel: (626)695-3405


Call to Action!
Immigrant-Worker Solidarity Day Of Action and Conference During Anti-RNC Mobolization, New York! August 30 -31
We Demands: No to Immigrant Bashing! Yes to Multiethnic Unity! No to Sweatshops!
Yes to Workers' Rights!

Called by: National Immigrant Solidarity Network
Sponsered/Endorsed by: Center for Constitutional Rights, Latin American Solidarity Coalition, Million Workers March, Student Peace Action Network and many other human rights, labor and immigrant organizations.

For more information, please contact:
Tel: (626)695-3405 Lee Siu Hin (Immigrant Solidarity Network) e-mail:

Please Join Our First Planning Meeting at May 12!
- Come to Our meeting at New York City, or
- Pre-meeting phone conference (for those who cannot come to the meeting)

National Phone Conference
When: Wednesday, May 12 3:00 PM to 4:00 PM ESt
Phone #: 1-413-200-7060 (Plainfield, MA)
Access Code: 91030

Planning Meeting New York City!
When: Wednesday, May 12 4:00 PM to 6:00 PM EST
Where: Center for Constitutional Rights
666 Broadway 6th Fl.
New York, NY 10012

For more information, please contact:
Marc Krupanski: (212)614-6454 (CCR)
Lee Siu Hin: (626)695-3405 (ISN)


If you are believes in human rights, workers rights, multiethnic unity, no to sweatshops and no to Bush empire building, please come to join the planning meeting!

Our "Decreation of Action"

This is our propose one or two day-long Immigrant Unity Conference and a declaration of Immigrant-Workers Unity Day during RNC Mobilization (Aug 29 - Sep 4) at New York City, New York.

National Immigrant Solidarity Network and New York/Washington D.C. based immigrant & human rights organizations will come together to draft a proposal, action plan to organize a 1 or 2 day “Immigrant Unity Conference” and a “Immigrant-Workers Day” at the upcoming Republican National Convention Mobilization at New York City, August 29 - September 4.

We want to use the opportunity of RNC mobilization to tell the Bush regime, the activist communities and the world that we demand No Immigrant Bashing! Support Immigrant Rights! We are Against Sweatshop Exploitation and Racism on our Communities!

We hope the Unity Conference can achieve the unity among different community activists to create a common campaign strategy on issues, such as, immigrant-labor issues, anti-sweatshop campaigns, and the fight against racism. If anything, we view the Unity Conference as a way to network with other community-based and grassroots organizers and to share information, skills, and potentially resources.

As the Unity Conference was initially called by the National Immigrant Solidarity Network, we would like to highlight the creation of this network and encourage dialogue regarding its structure, mission, and strategic campaigns.

We also hope the Unity Conference can be a new model for the anti-globalization movements; we wish not only to react against government and corporate policies, but we also want to create and harness our own power for a new society; we are not only focused on international campaigns thousands of miles away, but also on community-based campaigns in our own states, cities, towns, and neighborhoods led by those that are most directly affected. We also wish to unite immigrant, student, and labor organizations to meet these goals as well as to demonstrate our united opposition to the Bush Administration.

Lee Siu Hin
National Immigrant Solidarity Network


Attached and below is a sign-on letter in support of the SOLVE Act of 2004, S. 2381/H.R. 4262, comprehensive immigration reform legislation
introduced on May 4 by Senator Kennedy, Representatives Menendez (D-NJ) and Gutierrez (D-IL) and others. We hope your organizations can join the other organizations that already have signed onto this letter. Attached as well is a summary of the legislation.

Please respond by Wednesday, May 26, to if your organization wants to sign onto this letter. Please also clarify if you are signing on as a national or local organization. (If you are signing on as a local organization, please note your address.) Please also note that this letter is for organizations only, not individuals.

Judith Golub
Senior Director, Advocacy & Public Affairs
American Immigration Lawyers Association
(202) 216-2403


Senator Edward Kennedy
317 Russell Senate Office Building
Washington, D.C. 20510

Representative Robert Menendez
2238 Rayburn House Office Building
Washington, D.C. 20515

Representative Luis Gutierrez
2367 Rayburn House Office Building
Washington, D.C. 20515

Dear Senator Kennedy, Representative Menendez, and Representative Gutierrez:

The undersigned organizations write in support of S. 2381/H.R. 4262, the SOLVE Act of 2004, Safe, Orderly Legal Visas Enhancement Act of 2004.
We applaud your leadership in introducing the SOLVE Act, which will fix an unworkable and outdated system and make immigration safe, legal
and orderly.

Your measure, if enacted, will reunite families, reward work, respect workers, reduce illegal immigration, and enhance our security. Your
bill achieves these ends through:

* An earned adjustment for people who work hard, pay taxes, and contribute to their communities;

* New "break-the-mold" worker program; and

* Family-backlog reduction.

We look forward to working with you to pass this much-needed legislation.


American-Arab Anti-Discrimination Committee (ADC)

American Federation of Labor - Congress of Industrial Organizations

American Friends Service Committee

American Immigration Lawyers Association

Arab American Institute

Asian Pacific American Labor Alliance, AFL-CIO

Center for Community Change

Church World Service Immigration & Refugee Program

Hotel Employees and Restaurant Employees International Union

Labor Council for Latin American Advancement

Laborers' International Union of North America

League of United Latin American Citizens (LULAC)

Mexican American Legal Defense and Educational Fund (MALDEF)

National Asian Pacific American Legal Consortium

National Council of La Raza

National Federation of Filipino American Associations (NaFFAA)

National Immigration Forum

National Immigration Law Center

National Korean American Service & Education Consortium

Organization of Chinese Americans

People For the American Way

Service Employees International Union (SEIU)

Sikh Mediawatch and Resource Task Force (SMART)

Union of Needletrades, Industrial and Textile Employees (UNITE!)

United Auto Workers

United Farm Workers of America

United Food and Commercial Workers International Union (UFCW)

Democratic Comprehensive Immigration Reform
The Safe, Orderly, Legal Visas and Enforcement Act (The SOLVE Act) OVERVIEW OF LEGISLATION


• Immigrants who have been here for five (5) or more years on date of introduction (May 4, 2004) and can demonstrate 2 years in aggregate of employment (including self-employment) in the U.S. and payment of taxes would be eligible for legalization. The principal applicant's spouse and unmarried children under 21 are also eligible. These applications will be adjudicated outside the caps/numerical limitations on visas

• Grounds of inadmissibility related to undocumented status would be waived

• Applicants shall undergo criminal background checks and medical examination, and register with the Selective Services. They shall also be able to travel and work with authorization while application is pending

• Applicants shall demonstrate an understanding of English and civics, or be pursuing a course of study to achieve such understanding

• The Department of Homeland Security (DHS) shall not use the applicant's information for any purpose other than to make a determination on the application, unless they have committed fraud or are a national security threat (confidentiality)

• Bill provides for administrative and judicial review for denials of an application

• Applicants in the U.S. on the date of introduction (5/4/04) but here less than five years or without the requisite work history shall be eligible (after a thorough background check) for transitional status (TS) of 5 years. Qualifying TS immigrants shall be able to work with authorization and travel abroad. After 2 additional years of work in aggregate, they, too, shall be eligible for adjustment of status


• Immediate relatives will be exempted from counting towards the 480,000 ceiling on family-based immigrant visas and include immediate relatives of permanent residents

• Per-country ceilings on visas: Immigrants waiting more than five years shall be allocated a visa outside the per-country limits

• Unused family-based visas in any given year shall be "recaptured" and applied to future years without per-country limitations

• The income test for the affidavit of support shall be reduced from 125% to 100% of the poverty level

• The 3- and 10-year bars to re-entry shall be repealed

Temporary Worker Program

• Establishes worker visa programs (H-1D & H-2B) for workers in low-skilled positions (workers who qualify for other visas shall be excluded). 250,000 such visas shall be available for H-1D workers for a period of 2 years and renewable for 2 additional terms (6 years total). 100,000 such visas shall be available for H-2B workers for a period of 9 months and renewable for up to 40 months

• Immediate family members may accompany the H-2B and H-1D visa holder, but will only be eligible to work if they, too, qualify for an H-2B or H-1D visa or other work visa

• Worker could move to another H-2B or H-1D job after 3 months (job portability)

• H-2B and H-1D programs shall include a path to permanent residency, wherein an employer could immediately petition for a worker upon initial employment or a worker could self-petition after 2 years of employment. These adjustment applications would be adjudicated outside the caps on visas

• The Department of Labor must approve through a strengthened attestation process that U.S workers are not available and that the employment of foreign workers will not adversely affect the wages and working conditions of U.S. workers. Foreign workers can only apply for a job offer from an employer who has complied with DOL obligations. DOL shall also have the authority to enforce compliance with terms of program through inspections and audits (as well as complaints)

• H-2B and H-1D workers shall be able to pursue a private right of action against employers who fail to comply with the provisions and requirements of the worker program

• H-2B and H-1D job positions shall pay the prevailing wage, as determined in the shop's collective bargaining agreement, or, in its absence, under the Davis Bacon or McNamara-O'Hara Service Acts. If the job is not covered by these wage determinations, the prevailing wage shall be the mean of the highest 66% of the wage data provided by DOL's Bureau of Labor Statistics Occupational Employment Survey

• Includes a Hoffman Plastics fix that would protect backpay, workman's compensation and other remedies that were undermined by the Supreme Court decision

• A study of the H-2B and H-1D programs will be commissioned, to examine, among other issues, the appropriate labor market test to protect U.S workers and the appropriate wage calculation formula. The study will also evaluate the positive and negative impact of the programs, reassess the programs, and make recommendations to Congress

National Immigrant Solidarity Network
No Immigrant Bashing! Support Immigrant Rights!
webpage: (For latest immigrant issues/news)

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Send check pay to:
1013 Mission St. #6
South Pasadena CA 91030
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