IMMIGRATION UPDATE

What many undocumented immigrants have been waiting, and politicians have been debating, for the past few years is finally taking shape – a comprehensive immigration reform legislation. On May 17, 2007, the Bush Administration Officials and a bipartisan group of Senators announced a new Comprehensive Immigration Reform Legislation, which, if passed into law, will drastically change the U.S. immigration process. The following are the highlights of the proposal as released by the White House:

• Enforcement as the Pre-Requisite: Before other the benefit provisions of the proposal are implemented, the border will be secured and workforce-enforcement be beefed up first. What it means is that resources will be poured into fencing the border and apprehending illegal entrants. The laws of employer sanctions will be also enforced to punish employers who hire undocumented aliens or who fail to complete the necessary paper work. Tough new anti-fraud measures will be implemented and stiff penalties imposed on employers who break the law.

• Temporary Worker Program: A temporary worker program will be implemented as proposed by the Bush Administration. Under this program, foreign workers will be allowed to work in the U.S. for three two-year terms with at least a year spent outside the United States between each term. Temporary workers will be allowed to bring immediate family members only if they have the financial ability to support them and they are covered by health insurance. The initial quota for this program is 400,000, to be adjusted up and down as necessary.

• Illegal migrants’ Path to Legal Status: For those who are undocumented in the U.S., they will have a chance to legalize their status. They must pass a background check, remain employed, maintain a clean criminal record, pay a $1,000 fine, and receive a counterfeit-proof biometric card to apply for a work visa or "Z visa." Some years later, these Z visa holders will be eligible to apply for a green card, but only after paying an additional $4,000 fine; completing accelerated English requirements; getting in line while the current backlog clears; returning to their home country to file their green card application; and demonstrating merit under the merit-based system.

• Strengthening The Assimilation Of New Immigrants: The proposal declares that English is the language of the United States and calls on the United States Government to preserve and enhance it, as well as enacting accelerated English requirements for many immigrants. In addition, the DHS Office of Citizenship will be expanded to include coordinating assimilation efforts in its mission, and the Education Secretary will make an English instruction program freely available over the Internet.

• Establishing A Merit System For Future Immigration: The proposal establishes a new merit-based system to select future immigrants based on the skills and attributes they will bring to the United States. Under the merit-based system, future immigrants applying for permanent residency in the U.S. will be assigned points for skills, education, and other attributes that further our national interest including: ability to speak English; level of schooling, including added points for training in science, math, and technology; job offer in a specialty or high-demand field; employer endorsement; and family ties to the U.S.

 • Ending Family-Based Immigration: The current family-based immigration system will be abolished by the proposal. U.S. citizens will still be allowed to apply for their parents but the numbers are capped. This is perhaps the biggest and most controversial aspect of the proposal.

• Clearing The Family Backlog In Eight Years: Millions of family members of U.S. citizens now wait years in line for a green card, with some waits estimated at as long as 30 years. Family members who have applied legally and have lawfully waited their turn in line will receive their green card within eight years. This proposal immediately draws criticism from left and right. Immigrant rights advocates have complained that the proposal did not go far enough for the undocumented workers; they have also strongly opposed the elimination of the 30-year old family immigration system. Conservatives, on the other hand, believe that the proposal is an amnesty in disguise. For the proposal to become law, both the Senate and House must both vote it into law. More changes and compromises are expected in the coming weeks.