Upcoming Policy Changes and Legislation
Regarding Immigration Reform in the U.S.

Legislation and Policy changes often attempt to alleviate the battles raging over immigration and migration. However as long as legislation is looking only to short term, immediate solutions- and not to remedying the root causes- such as lack of access to education and jobs that pay a living wage, real immigration reform will be impossible. Below is a description of three bills being considered in Congress that also face these challenges.

Note: These are only some points of the bills. Please see links below for additional information.

Kennedy-McCain Bill: Secure America and Orderly Immigration Act of 2005
(S 1003, H.R. 2330)

While a less than perfect bill, there is general support within human rights, church, and immigrant rights groups for the bill. It is preferred to the other “immigration reform” options currently available.

• Undocumented immigrants who have been working in the U.S. will be able to apply for an H-5B visa. This visa will last for 6 years and will allow for travel and job changes. After working continually for 6 years, the applicant will then be eligible for legal permanent status. Additional fees and language and education requirements apply.
• A new H-5A visa program will be created for temporary worker status. The application process starts from the home country, and a job offer in the U.S. is required. There is a $500 fee and only 400,000 visas will be made available. The H-5A visa is good for only 3 years, but can be renewed one time. If the worker is sponsored for all 6 years of work, s/he becomes eligible for legal permanent status.
• A third type of visa remains available for those waiting in line to come to the U.S. The level of financial support that is required by a sponsor is lowered from 125% to 100% of poverty level, and the number of visas available will also increase.

For more information, go to:
http://www.afsc.org/immigrants-rights/default.htm
http://www.nilc.org/immlawpolicy/CIR/SAOIA_chart_072505.pdf

Sensenbrenner-King bill: Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (Passed in House)
(H.R. 4437)

Human rights and immigrant rights groups are opposed to this bill, as it threatens to criminalize immigrants and those associated with them.

• Could potentially turn 11 million immigrants into criminals. Undocumented status is currently a civil violation of immigration law; H.R. 4437 would classify undocumented immigrants as criminals and “aggravated felons,” subjecting them to imprisonment as well as deportation.
• Could cause a disruption in the economy and destabilize U.S. workers. H.R. 4437 could drive out 7 million undocumented immigrant workers, consequently disrupting the economy. In turn, it would create an Employment Eligibility Verification System (EEVS), which could severely limit workers’ claims, including prohibiting class action lawsuits against the government, and will displace documented workers – U.S. citizens and legal residents alike.
• Threatens to deny due process and citizenship to lawful permanent residents. Courts may be stripped of their role in protecting the individual against excessive governmental power.

For more information, go to:
http://www.immigrantsolidarity.org/Newsletter/Feb06.pdf
http://www.congress.org/congressorg/webreturn/?url=/justiceforimmigrants/issues/alert/?alertid=8333026
http://www.congress.org/congressorg/webreturn/?url=/famm/issues/alert/?alertid=8330391
http://networklobby.org/issues/border_security.htm

Cornyn- Kohl Bill: Comprehensive Enforcement and Immigration Reform Act of 2005 (S 1438)
Because this bill focuses on Border Enforcement and Visa Security, most of the funds will be allocated to border protection, with little emphasis on the human rights of immigrants. Therefore, most human rights and immigrant rights groups do not support this bill.
• Temporary Worker Program establishes a new visa category that allows immigrants to enter the U.S. to work temporarily when there are no available U.S. workers. This visa is limited to a 2 year period, followed by a required 1 year return home. This can be renewed 3 times for a total of 6 years. Additional limitations for family and requirements such as background checks and health screening apply.
• Mandatory Departure and Reentry in Legal Status allows immigrants who are present in the U.S. illegally to apply for Mandatory Departure, which enables them time to depart the United States voluntarily and reenter the country through normal legal channels (e.g. as temporary worker). If granted Mandatory Departure status, you are ineligible for permanent resident status while in the U.S. You must, exit and return legally. All non-residents are required to return to home country within 5 years. Anyone failing to depart will be ineligible for any immigration status for 10 years.
• Circular Migration and Visa Backlog Reduction creates temporary worker investment funds to encourage immigrants to return home with hopes of reducing visa backlog waiting times and by allowing the recapture of unused visa numbers and terminating the Diversity Visa Program.
• This bill primarily focuses on Border Enforcement and Visa Security.

For more information, go to:

http://www.cornyn.senate.gov/immigration/

http://thomas.loc.gov/cgi-bin/thomas

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