Immigration Update

On Thursday, May 25^th, 2006, the Senate passed the Comprehensive Immigration Reform Act of 2006 (S. 2611) by a vote of 62-36.  The basis of this bill was a compromise offered by Senators Hagel and Martinez and supported by a bi-partisan coalition.  While many Senators and immigrant rights groups hail the passage of the bill as an achievement, many still have reservations about some of the provisions included in the bill. 

Summary of bill

Legalization

Summary:  Immigrant rights groups have many concerns with the Comprehensive Immigration Reform Act of 2006.  The legalization provision distinguishes between undocumented people by the length of time they have been in the U.S.  Those that entered before April 5, 2001 would eventually be able to apply for legalization.  However, the bill excludes from legalization the approximately two million people that have entered since January 7, 2004.  Individuals that fall into the category of persons in the U.S. from April 5, 2001 – January 7, 2004 would have to waive their rights to judicial review of future decisions by immigration authorities.  In addition to exlcuding a large amount of undocumented people from a path to citizenship, this multi-tiered approach to legalization has been described as “unworkable” by Senators and immigrant rights groups alike. 

Details:

• Those that have lived and worked in the U.S. since April 5, 2001 would be able to apply for “earned adjustment” to eventually gain permanent status.
• Those that have been here between April 5, 2001 and January 7, 2004 would have to leave the U.S. and apply under the new guest-worker program.  There is a possibility that they could gain lawful permanent status (ie, a greencard).
• Those in the U.S. that entered after January 7, 2004 would have to return to their home countries
• Through the inclusion of Agjobs in the immigration bill, approximately one million agricultural workers would be able to apply for legalization
• Through the DREAM Act, students who were brought to the U.S. when they were young would be eligible to adjust their status and have greater access to higher education
• The immigration backlog would be reduced because more family and employment-based visas would be provided
• The number of diversity visas would be reduced by approximately two thirds and more visas would be available to those with advanced degrees

Guest Worker Program

• A new guest-worker program (H-2C) would be created, which would provide up to 200,000 guest-worker visas (H-2C) annually for low-skilled workers.  These visas would be good for three years and workers would be able to renew them once, making them eligible to work for a total of six years.  These workers could apply for residency if their employer petitions for them or, after four years, workers could self-petition if they prove no other American worker can fill the job.  The bill would also expand the guest-worker program for agricultural workers (H-2A) under the Agjobs provision of the bill.

Enforcement

Summary: The enforcement provisions include building more fences, increasing the number of border patrol, limiting due process, and allowing state and local law enforcement to enforce immigration laws.  The border provisions are disconcerting since history has demonstrated that increased militarization of the border does not lessen illegal immigration, but rather pushes migrants to cross into the U.S. through more dangerous areas, which has resulted in the deaths of thousands of migrants in the last several years.  It is unclear how many people on the border would be displaced if the fence is built, since there are many homes that are situated alongside the border.  The provisions that allow for the indefinite detention and increased expedited removal of immigrants threatens due process.  Broadening the definitions of aggravated felony and document fraud means fewer people will be eligible to adjust their status.  Finally, allowing state and local law enforcement to enforce immigration laws has long been criticized by immigrant rights groups and local law enforcement alike, because it would be a disincentive for people to come forward to report crimes and it destroys the trust many local law enforcement agents have forged with immigrant communities. 

Details:

• 370 miles of triple barrier fencing would be built along the Mexico/U.S. border along with 500 miles worth of vehicle barriers
• Border patrol agents would be increased from 11,300 to at least 25,000 by 2011
• The National Guard would be allowed on the Mexico/U.S. border until 2009
• Expedited removal (the deportation of people without an opportunity to have judges hear their cases) would increase
• Mandatory detention of those (other than Mexicans and Cubans) who are caught at the border or at a port of entry would be authorized

In addition, the bill has provisions that would:

• Allow for the indefinite detention of immigrants
• Increase the number of detention beds
• Bar those who admit to document fraud from legalizing their status (even if they have not been convicted of document fraud).
• Expand the definition of what it means to have committed document fraud
• Expand the definition of aggravated felony
• Broaden the definition of smuggling
• Allow state and local law enforcement to enforce immigration laws
• Make English the national language; this would mean that the government is not legally mandated to provide forms in languages other than English, except if current law already provides it.  It would also make the English and civics test more difficult for those applying for citizenship.

Next Steps

The Senate and the House will form a conference committee to work out the differences between their two bills.  While the Senate bill is comprehensive, provides a path to legalization for a significant number of undocumented people and a guest worker program while beefing up the border, the House bill solely focuses on enforcement and includes provisions that criminalize those who are here unlawfully and those who provide aid to the undocumented.  House members have expressed their reluctance to provide a path to citizenship for the undocumented and a guest worker program before the borders are secure.  President Bush, who supports a guest-worker program and has expressed support for a path to legalization for certain undocumented persons, has urged Senate and House leadership to compromise.  It is necessary to continue to put pressure on Congress and, more immediately, the conference committee to support a comprehensive approach to immigration reform that:

• provides a workable path to citizenship for all the undocumented,
• provides a guest-worker program with a path to citizenship,
• does not limit due process and judicial review,
• reduces the backlog in visas,
• addresses the root causes of migration by promoting economic development in home countries,
• enhances border security humanely and without compromising the dignity of individuals who cross over

What you can do:

Continue urging your Senators and representative to support comprehensive immigration reform guided by the above principles.  Check our action website for an updated letter to send to your members of Congress.

Additional information:

National Immigration Law Center

National Immigration Forum

USCCB’s Justice for Immigrants Campaign

A Prayer for Immigrant Justice

Blessed are You, Lord God,

King of all creation.

Through Your goodness, we live in this land

that You have so richly blessed.

Help us always to recognize our

Blessings come from You

and remind us to share them

with others, especially those who come

to us today from other lands.

Help us to be generous, just, and welcoming,

as You have been and are generous to us.