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UNITED STATES IMMIGRATION UPDATES
LEGAL NOTES / APR 2006 |
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Compromise Bill Emerges Despite Senate Bickering |
By Reuben S. Seguritan
Despite partisan bickering, due to procedural issues, the Senate is
poised to consider a compromise immigration bill that includes
provisions for legalizing undocumented immigrants.
Senator Arlen Specter (R-PA), the chairman of the Senate Judiciary
Committee, promised to take up the bill as soon as the Senate
returns from recess on April 24.
Under the compromise bill, undocumented immigrants who have been in
the country for five (5) years or more (a.k.a. long-term
undocumented immigrants) will not be required to leave before
seeking legalization.
Undocumented immigrants on the path to legalization will be allowed
to work for six more years after paying hefty fines, back taxes,
learn English and pass rigorous background checks. Only then can
they apply for permanent residency. They may eventually be eligible
to apply for naturalization after five years as a permanent
resident.
The compromise bill grants undocumented immigrants who have been in
the US for two to five years (a.k.a. short-term undocumented
immigrants) three years to gather documents for applying for a
change of status. They would have to go to a border port of entry
and reenter as temporary workers.
This is referred to as the “touch base and return” provision because
those who are covered already know that they will be readmitted to
the US. Short-term undocumented persons will be eligible for
permanent residency on their fourth year as temporary workers.
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The so-called new arrivals, those who have been in the US for less
than two years, on the other hand, would be required to leave under
the compromise bill. They would have to apply from their home
country for temporary worker visas or legal permanent residency.
Significantly, the compromise bill provides for an increase in the
number of employer-based green cards to 450,000 per year. At present
employment-based green cards are capped at 290,000 per year.
In addition, the compromise bill proposes an increase in the number
of temporary visas for future workers to 325,000.
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The compromise bill also contains provisions that aim to seal the
border from illegal immigration. It provides for up to 14,000
additional border patrol agents by 2011 over the existing 11,300
agents. It also authorizes unmanned vehicles, cameras and sensors to
monitor illegal entry, as well as additional detention facilities
for illegal immigrants.
The bottom line at this point is that the Senate has no bill to show
for all its apparent efforts at a compromise. Considering that the
House stands by its draconian immigration reform bill, it behooves
the Senate to draw up a sensible and workable proposal for
immigration reform that recognizes the economic and social needs of
American society, including the undocumented population.
Editor’s Note: REUBEN S. SEGURITAN has been practicing law for
over 30 years. He was former immigration editor and is author of a
book on immigrant experiences. He frequently speaks on immigrant
issues and for his advocacy efforts he was the recipient of two
presidential awards by President Ramos and an award by the
Commission on Filipinos Overseas. He previously taught business law
and international politics. For further information, you may call
him at 212 695 5281 or log on to his website at www.seguritan.com
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