Immigration and Naturalization Service officials today said they are "confident" the agency is prepared to implement the 1996 immigration law, much of which takes effect Tuesday.
Deputy INS Commissioner Chris Sale said agency staff members are "working diligently" to ensure public officials and citizens understand the new law. However, Sale emphasized the statute does not require the INS to engage in "mass deportation" and "does not mean immigrants must change their status or get married before April 1."
One provision taking effect next week will allow immigration officials to immediately deport aliens lacking valid documents without further hearings or review by an immigration judge.
However, up to 4,000 aliens per year may be granted a "cancellation of removal" if they are facing deportation on criminal grounds but were lawfully admitted for permanent residence and have lived in the United States continuously for seven years -- or if they have lived in the United States for at least 10 years, are of good moral character, have not committed a criminal offense, and have a spouse, parent or child who is a U.S. citizen.
Paul Virtue, INS director of programs, said 3,900 deportation exceptions had been granted by mid-February and it will be up to Congress to decide how to "deal with the cap or an adjustment."
Virtue also said the one area of implementation affected so far by the lack of specific increases in funding is detention space, which he said is "insufficient" to handle the new law's requirement that illegal aliens be kept in custody until they have a hearing or are deported.
"We are in the process of asking for more money," he added.
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