Immigration legislation is moving forward quickly in the Senate.  Senator Specter, chairman of the Senate Judiciary Committee, has prepared a bill (his “Chairman’s Mark”) which is currently being debated in the committee.  The committee is hoping to have the bill voted out and onto the Senate Floor by March 27^th.  It is critical that the Judiciary Committee produce a comprehensive immigration reform bill by this date because, if not, Senator Frist (the Senate majority leader) has threatened to bring a bill he has introduced to the floor instead—one along the lines of the House bill (H.R. 4437) that is punitive and narrowly focused on border security.

 

What is contained in Senator Specter’s Chairman’s Mark?

 

Brief summary:

 

Enforcement

-     Criminalizes unlawful presence

-     Makes it a crime to “facilitate” the illegal entry of undocumented persons - a provision broad enough to jeopardize the work of non-profit organizations and churches

-     Restricts judicial review which would limit immigrants’ ability to access  the courts

 

Temporary worker provisions

-       Would allow for people to come to the US to work for two terms of three years each

-       After end of second three-year term, the worker would have to return to his/her home country

-       Would not allow workers to adjust to legal status

-       Would not allow workers to be unemployed for more than 45 days

-       Children and spouses of workers can come to the US but would not be able to work

 

Non-conditional immigrant worker status – “Gold Card”

-     Would be for undocumented workers currently in the US who were working on January 4, 2004 

-     The status would last indefinitely if immigrant workers remained continuously employed but they would not be able to gain legal status

-     Spouses and children of those eligible for the non-conditional immigrant worker status who were not working on January 4, 2004 would be permitted to stay in the US but not be eligible to work

-     Workers who lose their jobs and do not find employment within 45 days would lose their status and have to leave the country

 

Problems and concerns with Sen. Specter’s bill:

 

·      The bill does not create an earned path to citizenship for undocumented workers.

·      Advocates are concerned that the non-conditional immigrant worker status would create a permanent group of second-class workers

·      Non-conditional immigrant worker and temporary worker statuses would likely be unworkable (e.g., it is not reasonable to only allow 45 days to find another job if someone in this status loses their job)

·      The legislation does not adequately meet the needs of undocumented students.

·      The enforcement provisions closely mirror the punitive measures in HR 4437, the immigration bill passed by the House

 

For a more detailed analysis visit the National Immigration Law Center.

 

What is happening now?

 

Since March 2^nd, the Senate Judiciary Committee has been meeting several days a week to debate Specter’s bill.  Amendments have been offered to change certain provisions of the Specter bill and there has been much debate about whether the bill should criminalize those who are here unlawfully and those who aid undocumented people, whether there should be an earned legalization program for undocumented people and what kind of temporary worker program there should be. 

 

Some negative amendments that were voted for and that passed:

 

- to expand expedited removal (offered by Senator Coburn)

- to expand of mandatory detention (offered by Senator Sessions)

- to put up more border fences (offered by Senator Kyl)

 

Some positive amendments that were offered, but not voted on:

 

- to strike the provision that would criminalize the status of being undocumented (offered by Senator Durbin)

- to strike the provision that would criminalize giving humanitarian assistance to the undocumented (offered by Durbin)

 

*It is possible that Senator Durbin will introduce the DREAM Act as an amendment. 

 

The meeting held by the Judiciary Committee on March 16^th is viewed by many advocates as a real breakthrough.  The discussion over Senator Kennedy’s proposal to allow undocumented people to earn legalization showed progress and it seemed that there was a commitment by Senators Kennedy and Cornyn to reach an agreement about a temporary worker program that would allow certain individuals to adjust their status.  Committee staff members will continue to negotiate the details during the congressional recess (March 20-24) and committee members have agreed to come back on March 27^th to vote on some of these important provisions. 

 

What’s ahead?

 

Once the Judiciary Committee votes the immigration bill out of committee, it should go to the Senate floor for a vote.  However, it remains unclear whether Senator Frist will honor the committee’s work or bring his enforcement-only bill to the floor instead (a potential move that has brought sharp criticism from other senators).  In either case, additional amendments may be offered on the floor that could further change the legislation.  After the Senate votes on the bill, it will go to a conference committee so that differences can be worked out between the Senate immigration bill and the House immigration bill (HR 4437) which was passed last December.  It will be difficult for a pro-immigrant, comprehensive bill to come out of the conference committee given the provisions included in HR 4437, but immigrant advocacy groups will continue to push for compassionate and effective immigration reforms.

 

What can I do?

 

1.  Call your senators, especially if they are on the Judiciary Committee*.  The Capitol Hill Switchboard number is 202-224-3121.  Urge them to support pro immigrant legislation that would:

 

-      support earned legalization for undocumented immigrants

-      NOT criminalize those who are undocumented and those who aid the undocumented

 

If your Senator is Arlen Specter (PA), call his office and:

-     applaud and encourage him to continue along the path of comprehensive immigration reform

-     support bi-partisan proposals such as the McCain-Kennedy legalization program and the worker program with a path to residency

 

If your Senator is Bill Frist (TN), call his office to urge him:

-      NOT to set arbitrary deadlines for the Judiciary Committee

-      to respect judicial process

-      to support earned legalization

 

* Senators on the Judiciary Committee:

                

Arlen Specter (R-PA)                        Orrin Hatch (R-UT)

Charles Grassley (R-IA)                   Mike DeWine (R-OH)

Lindsey Graham (R-SC)                    John Cornyn (R-TX)

Sam Brownback (R-KS)                    Patrick Leahy (D-VT)

Edward M. Kennedy (D-MA)           Joseph R. Biden Jr. (D-DE)

Herbert H. Kohl (D-WI)                    Dianne Feinstein (D-CA)

Russ Feingold (D-WI)                       Charles E. Schumer (D-NY)

 

2.  Take part in local actions: for a list of rallies and other activities for comprehensive immigration reform taking place in your city, click here.  You may want to check back periodically as the list of actions will continue to be updated.