Presentation Notes – 2/15/06 – Marc S. Salisch
INTRODUCTION
There are currently three bills introduced in the Senate
I’ll briefly comment on two and talk in some detail about one.
A COMMENT – what is introduced can have little similarity to what comes out of Committee or what is finally passed by the Senate
What finally comes out of House/Senate Conference will most likely be quite different from the proposed Senate bills and some of us hope different than one Barry just described
I’ll hold most of evaluative comments for the question and answer session
Cornyn (R/Texas) & Kyle (R Arizona ) –THE COMPREHENSIVE ENFORCEMENT & IMMIGRATION REFORM ACT
5 billion for enforcement technology10,000 additional immigration agents to focus on employment of non-documented aliensMachine readable tamper proof Social Security cardsGuest Worker program – 2 year contract but renewable to a total of 6 yearsCan bring family to US for 30 days per year
No opportunity for immigration visaHagel (R Neb.) & Spector (R. PA)
Similar to the proposal that I will now describe in some detail
The proposed legislation that I will discuss in detail .
Proposed by Senators McCain ( R. Ariz) & Kennedy (D. Mass) & entitled SECURE AMERICA & ORDERLY IMMIGRATION ACTYOU MAY FIRST ASK THE QUESTION – WHY FOCUS ON THIS PROPOSAL?
Support on both sides of the aisleStrong support from unions, churches and impacted ethic groupLack of substantial opposition from the business sectorProposed legislation is both long (150 pages) and highly technical dealing with correcting or modifying both the language & intent of earlier laws & agency policies & practices especially regarding the role of Home Land Security which now includes the Immigration and Border Patrol
FIRST LETS LOOK AT THE FIRST HALF OF THE TITLE – SECURE AMERICA (SECURITY)
Two of ten titles 19 0f 150 pagesWARNING – The Titles of proposed legislation may have little to with its actual intentInstructs Homeland Security to develop a Strategic Plan for border security and interior enforcement and report back to congress in a yearProvides up to $950 million annually to reimburse state and local government units (counties & cities) for the cost of incarcerating criminal aliensIncluded in Title 10 – Miscellaneous (Possibly hidden) is the most important security provision – the CIA can annually obtain US citizenship for up to 3,500 foreign nationals and their families who have helped in finding weapons of mass destruction –I hope that this makes all of us feel more secure.
NOW ALLOW ME TO DEAL WITH THE REAL SUBSTANCE OF THIS PROPOSAL
ORDERLY IMMIGRATION – 7 of the 10 titles (sections) Over 100 of the 150 pages
I will briefly analyze 4 areas in the proposal:
THREE MAJOR ACTIONS PROPOSALS
Guest Worker ProgramFor migrants in US illegally Amnesty – That’s my term – No where in this document is that term usedCorrection of some of the more aggressive inequalities and abuses in current immigration law and practicesA FOURTH AREA THAT DEALS SPECIFICALLY WITH MEXICO
THE CAUSES OF MIGRATIONOUTLINES ACTIONS TO DEAL WITH THESE CAUSES ANDIDENTIFIES AN EXISTING ENTITY FOR THE US & MEXICAN TO WORK TOGETHER TO RESOLVE THEMESTABLISHES ESSENTIAL WORKER VISA PROGRAM –
Title III – 35 of 150 pages
In English – Guest workers In Immigration Shorthand – H-5A Immigrants
The major provisions –
Must have job in US to get VisaTerm 3 years with additional three years (Total 6 years)No access to permanent residence statusCan be unemployed for up to 45 consecutive days – Can change jobs and thus reduces ability of employer to take advantage of guest workerChanged $500 fee + processing costs to applyCan go home & return to USEmployers must adhere to all work site rules and regulations – Worker protection under OSHA, fair labor standards etc. and same pay & benefits as US employees – no special enforcement provisionsCan include aliens already in US on legal visa statusRegulates recruiters & foreign labor contractors , protects workers, & provides enforcement & legal remedies – fines up to $35,000 per worker & up to 6 months in prison – Labor contractors and recruiters were a major source of abuse in previous guest worker programsNumbers400,000 but can be increased to maximum of 500,000, if employer demand justifiesFlexibility to move quotas between and among countries, if quota not filledInitial quotas is 50,000 per qualifying countryThe 2 nd Major Program Thrust – Entitled – H-5B NON IMMIGRANTSTITLE VII
Deals with a non-acceptable word Amnesty –which is never used in the proposed legislation
Unauthorized aliens living in US can become non-immigrants
Changed from illegal resident aliens (no status under the law) to a new status non-immigrants
These non-documented alien residents in US are:
Now legal resident aliensSpouses & children are includedStay for up to 6 years in this statusCan workProtected from Homeland security changing their statusTo achieve the status of a non-immigrant an undocumented (illegal) alien resident:
Must not be in US legallyMust apply for this status changeMust be currently living in USMust not be currently eligible for a green card (alien resident Status)Must be employed or a full-time high school or post secondary studentMust pay fees and a $1,000 fineDuring these 6 years they can change status from non-immigrant H-5B to a lawful permanent alien resident (green card)
Includes spouse and childrenMost important no numerical limitTo achieve this status change to a permanent resident alien they:
Must be employed or full-time high school or post-secondary studentMust pay an applications fees and another $1,000 fineMust pass a medical examinationMust pass a security & law enforcement checkMust have paid their income taxMust demonstrate basic citizenship skills:Understand EnglishKnowledge & understanding of US history and governmentA personal note – When my wife took this exam having previously earned a Masters Degree in the US & taught in US for 20 years – she was prompted by the examining officer when she didn’t know the number of justices on the Supreme CourtAs a permanent resident alien
They can stay and work in US indefinitely except for jobs requiring US citizenshipLive outside US and work here as do many Mexicans living in border areasApply for US citizenshipIn addition, in many countries they can also retain their original citizenship3 rd Major Area– Deals WITH SOME OF the Most Egregious Abuses, Inadequacies & Inequities in current immigration Law, Policies & Practices & SOME LESS SERIOUS ONES
I would like to highlight seven of these proposed changes:
Rights of abused spouses & children –Currently a legal immigrant’s spouses & children can be lose their right to remain in the US, if the relationship with the spouse or changes or legal immigrant or visa holder no longer wants them in the USAbused children and spouses of legal or non-immigrant (H-5B) can get legal status on their own under this proposed law changeLiberalization of citizenship opportunities for widows, separated or divorced spouses –Especially due to family violence, but not limited to thatAllowed to remain in countryCan achieve legal status on their ownIncreased opportunity to achieve family unity & reduce backlog of approved applicants due to quota limits –Currently some countries have backlogs of family members approved for family reunification as long as 10 or more yearsFamily reunion quota is increased to 480,000 annuallyAliens admitted annually for employment (typically highly skilled positions that can not be filled with US nationals) increased to 290,000NOTE; Has nothing to do with proposed guest worker programIndividual country maximum quotas increased from 7% to 10%Minimum quota increased from 2% to 5%Currently many countries fail to fill their quotas while other are over subscribedRegulation of Providers of Immigrant AssistanceA major area of fraud as aliens try to change their status, deal with paperwork problem or appeal ruling against themThese unregulated providers too often charge high fees and provide little or no services or services that are available free or at minimal costLegal immigration assistance would be provided byLawyersSupervised law studentsAttorney’s in the alien’s home countryForeign counselor representativesRecognized non-profits organization including specialixed immigration agencies, secular human service organization, ethnic and religious onesFriends & relatives who can not charge for services and have a previous relationshipRegulation of labor contractors & recruiterPast guest worker programs have had 3 rd parties (worker contractors & recruiters) charging excessive fees, providing substandard housing at high prices, collecting and withholding pay and numerous other abusesMust register, be approved and subject to fines of up to $35,000 per violation, revocation of status and imprisonment for a variety of abusesImproved Record KeepingEntitled Enforcement Title VIComputerize recordsUpgrade record keeping processIntegrate records of agencies dealing with admission of aliens to USPromoting Access To Health CareReimburses states for money provided by states to reimburse hospitals for emergency (NOTE: Emergency only) health care services to uncovered immigrants as an amendment to the Medicare ActAuthorizes study of bi-national health and insurance coverage for aliens employed in US and their families (Aliens from Mexico & families working in US could get covered treatment in Mexico )Preventing Employer Abuse of Alien EmployeesRequired to comply with regulation regarding employment of aliensMust meet all workplace requirementsTreat aliens same as other employees – pay, benefits, etc.Increase maximum fine from $10,000 to $20,000Increase minimum fine from $250 to $500NOTE: Few if any fines levied on employers in last five years, so increase may be academicTITLE V – PROMOTING CIRCULAR MIGRATION PATTERNS
This is the only part of McCain-Kennedy that deals with the special US Mexican relationship
While the Title deals with countries with large numbers of workers in the proposed guest worker, it clearly identifies the problems and needs of Mexico
ONE SECTION – Titled:
BILATERAL EFFORTS WITH MEXICOTO REDUCE MIGRATION PRESSURES AND COSTS
RECOGNIZES
The lack of economic opportunity in Mexico is cause of migrationImportance of remittances for the Mexican economy(NOTE: About $20 billion in 2005 – second largest source of foreign income & growing 21% increase over 2004)
Factors inhibiting economic growth in Mexico :Extra legal assets – informal economy – income not taxed NOTE: Mexico has one of the lowest % of GNP collected in income taxes in the world)Limited access to capital for farmers, most businesses and individualsTwo agreements to address these & other problemsPartnership For Prosperity 2001 – US & MexicoSecurity & Prosperity Partnership of North America – 2005 –Us – Mexico & CanadaWhat needs to be done to implement these program – includingIncrease access to financial services including credit unionsBring extra-legal assets into formal economyRural lending to small & medium size farmersFurther reduce costs of remittancesImprove governance both corporate & publicImprove educational opportunitiesNow the bad news – This is a sense of Congress Statement. Which means – no $ or specific action plans to address all that was stated above
There are other sections, but I think that I covered most of the proposed bill
IN SUMMARY
Guest Workers H- 5A up to 500,000 who can stay for up to 6 years – no chance to become citizenAmnesty – Resident aliens lacking legal statusCan stay in US & workCan obtain alien resident status andBecome US citizens, if they wishSome of the worst abuses under immigration law and agency policy and practices are correctedRecognizes causes of Mexican migrationIndicates possible solutions,Identifies existing multi-national structure to address these problemsBUT fails to commit money or take any action steps.