Eight Senators; Schumer, McCain, Durbin, Graham, Menendez, Rubio, Bennet, and Flake recently came together to propose an Immigration reform legislation which they announced on January 28th 2013.
The senators proposed immigration reform legislation with four parts, summarized below.
According to the senators, the proposed legislation will ultimately provide a tough, fair, and practical roadmap to address the status of unauthorized immigrants in the United States particularly because it is contingent upon the success of securing the US borders and furthermore addressing the issue of individuals who overstay their authorized period of admission into the US.
A. Increased efforts of the Border Patrol by providing them with the latest technology, infrastructure, and personnel needed to prevent, detect, and apprehend every unauthorized entrant as well as substantially lower the number of illegal border crossings.
B. Strengthen prohibitions against racial profiling, inappropriate use of force and improve the training of border patrol agents.
C. Put in place an entry-exit system that tracks whether all persons entering the United States on temporary visas via airports and seaports have left the country as required by law.
D. Create a commission comprised of governors, attorneys general, and community leaders living along the Southwest border to monitor the progress of securing the US border and to make a recommendation regarding when the bill’s border security measures outlined in the legislation are completed.
E.Require that undocumented immigrants register with the US government while, simultaneously, the border security measures of the proposed immigration legislation are being put into place. Moreover, this ensures a structured process during the implementation of the legislation.
F. Require undocumented immigrants to pass a background check, pay fine and back taxes.
G. Grant undocumented immigrant a probationary legal status that will allow them to live and work legally in the United States.
H. Disqualify undocumented immigrants with serious criminal backgrounds or pose a threat to national security from acquiring legal status. Such individuals will face deportation.
I. Require the proposed enforcement measures on border security to be completed before any immigrant on probationary status can earn a Green Card.
J. Restrict undocumented immigrants with lawful probationary status from accessing federal public benefits.
K. After enforcement measures on border security are completed, individuals with probationary legal status must go to the back of the immigration line. They must also pass a background check, pay taxes, learn English and U.S. history, and show a history of work in the U.S. Additionally, current employment and other requirements will be necessary to apply for lawful permanent residency (green card).
L. An individual with probationary status can receive a green card only after everyone already waiting at the time immigration reform is enacted has received theirs. This ensures no one who violated U.S. immigration laws is given preferential treatment over those who complied.
M. Provide that individuals who entered the United States as minor children will, on the other hand, not be subject to the same requirements as other individuals in order to earn a path to citizenship. In particular, this is because they did not knowingly choose to violate any immigration laws.
N. The U.S. should therefore treat undocumented immigrants who have worked as agricultural workers differently from other undocumented individuals. Specifically, their role in ensuring the stability of America’s food supply through vital and difficult work sets them apart. As a result, these undocumented immigrants will earn a path to citizenship through a different process under a new agricultural worker program.
Recognizing the difficulty encountered by immigrants due to the visa backlog, which has forced families to live apart and, consequently, created incentives for illegal immigration. The proposed comprehensive Immigration reform legislation will;
A. Reduce backlogs in the family and employment-based categories.
B. Award green cards to immigrants who have received a PhD or Master’s degree in science, technology, engineering, or math from an American university.
This is because it makes no sense to educate the world’s future innovators and entrepreneurs, only to then require them to leave the US, instead of allowing them to contribute to the US economy. Furthermore, retaining such talent benefits the country’s growth.
Under this provision, the proposed Immigration reform bill will;
A. Create an effective employment verification system which prevents identity theft and ends the hiring of future unauthorized workers.
B. Require prospective workers to demonstrate both legal status and identity, particularly through a non-forgeable electronic means, prior to obtaining employment.
C. Hold employers accountable for knowingly hiring undocumented workers.
D. Make it more difficult for unauthorized immigrants to falsify documents to obtain employment.
E. Ensure Employers who knowingly hire unauthorized workers will face stiff fines and criminal penalties.
F. Provide an employee verification system with procedural safeguards to protect American workers, prevent identity theft, and provide due process protections.
Under this provision, the proposed immigration reform bill will;
A.Provide businesses with the ability to hire lower-skilled workers in a timely manner, especially when Americans are unavailable or unwilling to fill those jobs. Moreover, this approach ensures that essential roles are filled without delay.
B.Employers can hire immigrants if they demonstrate unsuccessful recruitment of an American for the open position and ensure that hiring an immigrant will not displace American workers.
C. Create a workable program to meet the needs of America’s agricultural industry, particularly when American workers are not available to fill open positions. Furthermore, this solution would ensure that labor shortages are addressed efficiently.
D.Allow more lower-skilled immigrants to come here, especially when the US economy is creating jobs, and fewer, particularly when the economy is not creating jobs. Moreover, this approach could help balance the labor market effectively, especially during times of economic fluctuation.
E. Protect workers by ensuring strong labor protections; and,
F. Permit workers who have succeeded in the workplace and contributed to their communities over many years to earn green cards.
There are, however, many questions over the details, such as when the path to green cards and citizenship should start, as well as how long and difficult the process will be. Moreover, these uncertainties have sparked ongoing discussions.
Applicants must pay penalties and cover the cost of the application. Other grounds of disqualification, aside from criminal grounds, include failing to meet eligibility requirements or providing false information.
The detail within the framework of the proposed immigration reform legislation is yet to unfold.
However, it’s already providing a foundation for discussion, as well as debates, particularly for the new immigration reform bill.
Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a qualified immigration attorney regarding your specific situation.