Thursday, April 4, 2013

Outline of House version of 2013 Immigration Reform Act


04/04/2013

 

Outline of House version of 2013 Immigration Reform Act 

 

Today the New York Times reports that the House version of the 2013 Immigration Reform Act may be introduced before the Senate version being drafted by the Gang of 8.

 

More importantly, the House version has some very important provisions that the Senate bill apparently does not.   Only a few details were included in the story, but enough information has been reported to show major differences in the two bills, some good, some not so good.

 

For example: 

 

1.       The House version provides three separate ways for undocumented people to obtain legal status

 

2.       The first way is for DREAMERS, the children who were brought here by their parents or otherwise came to the US through no fault of their own.    

a.       They will have a pathway to citizenship (and presumably to Legal Permanent Resident (LPR) status – i.e., the green card  --  first. 

 

3.       The second group to have a path to LPR status includes immigrants who have a family member or an employer who will sponsor them for LPR status.   (This appears to be a resurrection of prior Section 245i, which expired on April 30, 2001, and had several specific requirements for a person who wanted to benefit from its use.  One of the main benefits was to relieve the person from the duty to consular process.)

a.       For people who will qualify here, it appears that the bill unfortunately will require them to consular process for their green cards.  

b.      Before doing so, the person will have to

                                                               i.      pay a fine (as with 245i),

                                                             ii.      pay back taxes for some period of time, and

                                                            iii.      learn basic English.

c.       However, a person who has been here for more than a year without permission and who then leaves the US, is subject to a 10 year bar (or a 3 year bar if here without permission for more than 180 days but less than one year).   In addition, many of the undocumented population are subject to a 10 year bar without provision for any waiver under current law.   (This is commonly referred to as the “permanent” bar, even though it actually is not permanent all the time.)

d.      This bill will waive or relax these bars, a step that is long overdue:  the purpose of the bars was to keep people out of the US; all they have done is to keep people here.

e.      See below, however, for serious concerns about requiring this  group to consular process.

 

4.       The last group is everyone else; they will have to

a.       Take responsibility for and admit to breaking the law when they entered without being inspected or overstayed their visas.

b.      Pay a fine

c.       Pay back taxes for some period of time

d.      Learn basic English

Once this group has processed for temporary legal status, they would have the right to file for the green card through regular, existing channels after having legal status for 10 years, and then apply for citizenship after 5 more years.  (This new category is quite similar to the H-5 visa proposed by Senators McCain and Kennedy in 2004-05.)

 

5.       There is no guest worker provision in the bill, such as the W visa included in the Senate bill.   That provision is designed to address future labor needs beginning in 2015.  

 

Unresolved issues include whether government benefits will be available to the third group, and whether certain border security goals would have to be met before the third group (and perhaps the second group) could file for the green card.   This “move the  goal posts back” strategy has been used over and over again by the anti-immigrant forces in Congress and elsewhere, and has prevented any rational debate, and in effect has crushed honest hopes of a final compromise over and over again.   If this provision is included in the draft that is introduced, it may doom the effort at reasonable reform.

 

Another serious problem with the “new 245i” law is that it will require millions of essential workers to leave the US and file cases at US embassies in various countries, but mainly in Mexico because Mexican citizens make up the largest percentage of our undocumented population.  There are two critical aspects to this problem:

1.       There is no way to gauge the harm that this will cause our economy, but it could be devastating, especially if the new legal status rules include a time limit within which to file and process a case (this was the case with 245i – during its last period of incarnation, it was possible to file between December 21, 2000 and April 30, 2001). 

2.       The US Embassy in Ciudad Juarez (CDJ), which processes all green cards for applicants in that country, will be overrun and its operations probably will come to a grinding halt.   If Congress is going to relax or rescind the 3/10/permanent bars, there is no reason to require new beneficiaries to make a meaningless trip to CDJ to finish the case.  

 

Finally, the lack of a visa like the Senate bill’s W visa is very troubling.   Without that kind of visa in our system, we are almost guaranteed to end up in the same mess that we are in today.   The primary reason that we have so many undocumented people in the US today is due to the lack of a temporary visa for workers in year round jobs who do not have or need to have a college degree; i.e., manual labor.   The US had that visa from 1942-64 – the so-called Bracero Program.   Congress deleted it when it re-did the entire system in 1965.   For some years that made sense, but with current demands for essential workers continuing to climb, it makes no sense to repeat the same mistakes over and over.

 

We hope that the bills will be reconciled in a productive Conference Committee, and that we will see a smart bill in the final analysis.

 

Gerry Chapman

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