|
The Immigration Reform debate,
stalled since 9/11, has been brought to the attention of
Congress and the nation once again. On January 7, 2004,
President Bush announced a plan to institute a new temporary
worker program.
As odd as it may sound, the
urgency of securing the Homeland has made it essential that we
have immigration laws that work, yet we do not. Lawmakers have
called for a "more rational and responsible immigration policy"
in a statement of principles presented by the House Democratic
leadership, which also will improve border security and
controls. A number of bills have been introduced in both the
House and the Senate to implement needed reforms in specific
areas: the Agricultural Job Opportunity, Benefits, and Security
Act (AGJOBS) (S.1645-H.R. 3142) would reform the H(2)(A)
agricultural temporary employee process and provide a reasonable
mechanism for undocumented agricultural workers to earn legal
status. The Development Relief and Education for Alien
Minors/Student Adjustment Act (Dream/SAA) (S.1545/H.R. 1684)
would allow those undocumented students who have grown up in
this country, graduated from high school, lack a criminal
record, to legalize their immigration status provided they go to
college or enter military service.
The Immigration Reform Act of
2004 includes family reunification through family backlog
reduction; a new temporary worker program; and an earned
adjustment program for eligible immigrants already living and
working in the United States. Family reunification would be
provided as follows:
- Spouses, parents and minor
children of U.S. citizens will not be subtracted from the
annual cap on family-based immigration.
- Spouses and minor children
of lawful permanent residents will be re-classified as
immediate relatives (no cap) derivative eligibility (via
immigration of a principal relative through worker family)
will encompass all immediate relatives.
- Earned adjustment is
provided for those who meet a physical five-year presence
requirement; successful fulfillment of a past work
requirement and a prospective work requirement (three of
five years preceding introduction and one year following
enactment).
- Payment of income taxes or
IRS agreement regarding outstanding liabilities.
- $1,000 fee.
- Spouses and minor children
may adjust to permanent residence with the principal;
Administrative and judicial review provisions and a
transitional worker status of three years with travel and
employment authorization.
S. 2010 also includes a willing
worker, temporary program and a worker protection provision,
including a complaint-driven Department of Labor and Department
of Justice investigation of claims.
The Border Security and
Immigration Improvement Act – (S.1461/H.R. 2899) would establish
two new, non-immigrant worker categories granting a maximum of
six years non-immigrant stay with a permanent resident
application procedure could be commenced either by the worker or
the employer.
The Border Security and
Immigration Reform Act of 2003 (S. 1387) would create, by
agreement with other countries, a new worker program not subject
to numerical limitations, including both seasonal guest workers
and non-seasonal workers, limited to 12 months, with two
one-year extensions, and attestation regarding insufficient U.S.
available workers would be required, Social Security issues are
addressed. Permanent residence could be obtained only after the
temporary workers returned to their home countries. No
legalization mechanism is included in this Bill.
The Bush Administration proposal
centers on an uncapped temporary worker program, matching
willing foreign workers with willing U.S. employers when no
Americans can be found to fill the job. There is no legislation
reflecting the Bush plan to date. While the proposal does not
address backlogs and legal immigration, it does call for a
reasonable increase in the annual limit of legal immigrants,
eliminating what could be a decades-long process.
Presented on the Eve of Cinco de
Mayo, a new Democratic bill – the Safe, Orderly Legal Visas and
Enforcement Act of 2004 (SOLVE) drafted by Sen. Edward M.
Kennedy (D-Mass) and Rep. Luis V. Gutierrez (D-Ill) offers
permanent residence status to immigrants who have been in the
United States at least five years, can prove they have worked at
least 24 months, and have passed background and medical checks.
The bill contains a guest worker plan good for five years
transitional status. It also reduces family preference
immigration backlogs.
These materials
are designed to provide general information prepared by
professionals in regard to the subject matter covered. It is
provided with the understanding that the author is not engaged
in rendering legal, accounting, or other professional service.
Although prepared by professionals, these materials should not
be utilized as a substitute for professional service in specific
situations. If legal advice or other expert assistance is
required, the service of a professional should be sought.
|
