Cite as: 509 U. S. 43 (1993)
Stevens, J., dissenting
useful and constructive role in the American economy, but continued to reside in perpetual fear, the Reform Act established two broad amnesty programs to allow existing undocumented aliens to emerge from the shadows." 498 U. S., at 481-483 (footnotes omitted).1
A major purpose of this ambitious effort was to eliminate the fear in which these immigrants lived, " 'afraid to seek help when their rights are violated, when they are victimized by criminals, employers or landlords or when they become ill.' " Ayuda, Inc. v. Thornburgh, 292 U. S. App. D. C. 150, 168, 948 F. 2d 742, 760 (1991) (Wald, J., dissenting) (quoting H. R. Rep. No. 99-682, pt. 1, p. 49 (1986)). Indeed, in recognition of this fear of governmental authority, Congress established a special procedure through which "qualified designated entities," or "QDE's," would serve as a channel of communication between undocumented aliens and the INS, providing reasonable assurance that "emergence from the shadows" would result in amnesty and not deportation. 8 U. S. C. § 1255a(c)(2); see Ayuda, 292 U. S. App. D. C., at 168, and n. 1, 948 F. 2d, at 760, and n. 1.
Under these circumstances, official advice that specified aliens were ineligible for amnesty was certain to convince those aliens to retain their "shadow" status rather than come forward. At the moment that decision was made—at the moment respondents conformed their behavior to the invalid regulations—those regulations concretely and directly affected respondents, consigning them to the shadow world from which the Reform Act was designed to deliver them, and threatening to deprive them of the statutory entitlement that would otherwise be theirs.2 Cf. Lujan, 497 U. S., at 891 (concrete application threatening harm as basis for ripeness).
1 This case involves the first, and more important, of the two amnesty programs; McNary involved the second.
2 As the majority explains, the classes certified in both actions were limited to persons otherwise eligible for legalization. See ante, at 47- 48, 51.
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