A federal appeals court today extended the midnight deadline for the government's illegal alien amnesty program in New York state, giving many aliens with U.S.-born children on welfare another two weeks to register. The state has been seeking a 60-day extension and the court's order will apply until another hearing the week of May 16, said Chris Braithwaite, a spokesman for the state attorney general's office. The amnesty program allows illegal aliens who have lived in the United States since Jan. 1, 1982, to apply for legal status and U.S. citizenship. The deadline runs out at midnight tonight, but New York state asked for the extension because there was initial confusion about the program's application to parents of U.S.-born children on welfare. The order by the 2nd U.S. Circuit Court of Appeals applies only to the illegal alien program in New York state. It was not immediately determined whether it would apply to all aliens or only those with U.S.-born children. The Immigration and Naturalization Service urged those eligible for legalization to apply by midnight tonight ``as it is not clear what the impact of this order may be.'' The court told lawyers for the state and the INS to work out specifics of the order, including which illegal aliens would be affected, Braithwaite said. If the sides could not agree on an order this afternoon the court said it would issue its own order, he said. Greg Leo, an INS spokesman in Washington, said he understood that any order ``will only apply to a limited class of people ... who may be ineligible for amnesty because their children have received AFDC benefits.'' The action may only affect several hundred people in New York, Leo said. The issue arose because aliens who are likely to need public assistance, such as welfare, are among those who cannot be accepted in the amnesty program. The state asked whether poor illegal aliens with U.S.-born children who receive welfare in the Aid to Families with Dependent Children program can qualify for amnesty. Technically the children are the welfare recipients, because they are U.S. citizens. Braithwaite said there are ``a lot'' of such families, but he had no count. The INS initially said the parents of such children would not be eligible, then said they would be eligible, Braithwaite said. Because of the confusion, the state sued the INS for a 60-day extension of the deadline and a $100,000 advertising campaign explaining the policy. Leo cautioned that illegal aliens not involved in the litigation should apply by tonight's midnight deadline. ``INS strongly urges anyone eligible for amnesty to apply by midnight tonight as this is the deadline for virtually all potential applicants,'' he said. ``It would be tragic for people who are eligible for this program not to come forward by midnight on the basis of misinformation.''
