A group of 8 bipartisan senators have reached a deal on the outline of a comprehensive immigration overhaul, a development that is long overdue and will assist in framing the forthcoming immigration debate in Congress.  Senator Schumer has stated that it is their plan that this can be turned into legislation by March and put into law by mid-late summer 2013.

According to a five-page document released today, the proposal provides a broad-based approach,  agreed to in principle by eight senators, that seeks to overhaul the immigration system and create a pathway to citizenship for the nation’s roughly 11 million illegal immigrants.

Although all that we have focused on for years now is nothing else but border and enforcement issues and employment verification, the proposal takes enforcement to the next level by perfecting an entry/exit tracking system, and greater usage of E-Verify or a new and improved E-Verify system that is referred to as “fast and reliable.”

Legislators will create a commission comprised of border governors, attorneys general and community leaders living along the southwest border to monitor the progress of securing the border and to make a recommendation regarding when the bill’s security measures outlined in the legislation are completed.

While security measures are put in place, those who came and remained in the USA without permission, will be required to register with the government.  This will include background checks, paying a fine and back taxes to earn probationary legal status to continue to live and work legally in the USA.

Once enforcement measures have been completed, those in probationary legal status will be required to go to the back of the line to wait their turn, pass an additional background check, pay taxes, learn English and civics and demonstrate a history of work in the US and current employment, among other requirements, to earn the opportunity to apply for lawful permanent residency (green-card) status.  Those who successfully  complete these requirements can eventually earn a green-card (legal permanent residence).

Special provisions will be accorded to the Dreamers (minor children who did not knowingly choose to violate any immigration laws) who will have different requirements that will include a pathway to citizenship..  Individuals who have been working illegally in the agricultural industry performing difficult work for low wages to ensure the safety of the food supply of the US will also be provided special requirements and will have a pathway to citizenship.

Those who graduate from an American University with a Ph.D or Master’s Degree in science, technology, engineering or math (STEM), will be awarded permanent residency (green-card status) to keep the best and brightest talent in the USA.

There are also provisions for a guest worker program referred to as “lower-skilled workers” in the proposal that will meet the needs of employers, the agricultural industry, including dairy, to find agricultural workers and lower skilled immigrants when the economy is creating jobs and fewer when the economy is not creating jobs.  If this is the H-2B program, we sincerely hope that it gets an overhaul – it’s entirely too complicated, takes too long and completely discourages employers by overburdening them with excessive details.

Resources

Please see the senator’s attached Transcript.  It’s certainly a an introduction to a long-awaited immigration conversation that is achievable – but difficult.  A link to a transcript from the President’s speech in NV; and the President’s Immigration Fact Sheet.

What are the differences between the Senate and Obama Plan?

There’s a big shift that’s taken place with immigration policy with the GOP at the helm in the House; namely John Boehner (R-Ohio) and extremist Steve King (R-Iowa), who will likely chair the House Subcommittee on Immigration.  It has been speculated, in the new Congress, that Lamar Smith (R-TX) the current Ranking Member of the House Judiciary Committee will be named chair of that committee.

House Republications have already said that they will focus on border security and immigration enforcement over any future immigration reform. King favors changes to birthright citizenship to keep US-born children of illegal immigrants from receiving citizenship and argues more states should pass immigration crackdowns like Arizona’s SB 1070.  He has also pushed for more border enforcement and an electrified fence along the border to keep illegal immigrants out and has stated, “We do that with livestock all the time”.  Boehner will set a good deal of the agenda, and is likely to follow some of the plans mentioned in the Pledge to America that was released in September.

This most certainly will be a challenging shift from how current Speaker Nancy Pelosi (D-CA), and how other leading Democrats handled immigration issues.  Particularly, we can expect proposals that increase penalties for immigration-related crimes and make the removal of immigrants with criminal convictions easier.  Add to this the fact that both Smith and King have supported proposals that authorize state and local law enforcement officers to enforce immigration laws; and lastly, it’s been said that we can expect increased scrutiny of DHS enforcement practices by Congress and increases in funding for both border and interior enforcement.

For more on this, we link to the AILA Advocacy article released today.

The House of Raeford Farms must pay a $1.5 Million fine and overhaul its hiring practices under an agreement that will allow a subsidiary to avoid prosecution on federal immigration charges.

The deal will also let two indicted managers at the poultry company’s Greenville, SC plant avoid criminal records, provided they enter a probationary program.

The settlement signed by federal prosecutors and company officials just hours before the case was set for trial Tuesday, gives the employer’s subsidiary, Columbia Farms, an opportunity to keep its record clean.  It likely ends a legal clash that could have cost the company millions of dollars in federal poultry contracts. Last year, Columbia Farms was charged with intentionally hiring illegal immigrants.

Under the settlement, Immigration will dismiss charges against the company if it improves its hiring practices over the next 2 years and submits to federal monitoring at its 8 plants in the Carolinas and Louisiana.  For more on this story

Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE) John Morton announced standardized Memorandums of Agreement (MOAs) with 67 state and local law enforcement agencies to participate in 287(g) partnerships-improving public safety by prioritizing criminal aliens who are a threat to local communities, ensuring consistent and uniform policies and providing a force multiplier for ICE’s immigration enforcement efforts across the country.

The media has been all over this story as it concerns the Maricopa County Sheriff Arpaio meltdown when the Department of Homeland Security Secretary Janet Napolitano ordered him to stop arresting suspects based solely on the fact that they are illegal aliens. The Arizona sheriff who has been called the “toughest” in America, defiantly said he will continue his sweeps which have netted thousands of illegal aliens. He says that he can still operate within the law, under Arizona human smuggling laws – and told reporters, “it’s all politics”.

The new ICE partnerships include the Jail Model, in which local law enforcement agencies designate Jail Enforcement Officers to identify aliens already incarcerated within their detention facilities who are eligible for removal, as well as the Federal Task Force Model, in which agencies designate officers to work with Federal agents in locating, processing and removing criminal aliens from the United States.

• 55 agreements have been signed by ICE and the partnering agency;
• 12 agreements have been reached and await approval by the local jurisdiction’s supervisory authority; and
• Six agreements have negotiations underway.
• Six jurisdictions did not re-sign the new 287(g) agreement or withdrew during negotiations for a variety of reasons, including implementation of the Secure Communities program, budgetary constraints and limited program utilization.

We link to the ICE News Release for more on this story.

In a 8/11/09 Press Release, the Department of Homeland Security announced its funding of an additional $30Mil for Operation Stonegarden to enforce immigration laws and combat illegal traffficking along the southwest border.

DHS Secretary, Janet Napolitano, stated, “Operation Stonegarden grants direct critical funding to state, local and tribal law enforcement operations across the country,” said Secretary Napolitano. “I am proud to announce an additional $30 million in funding specifically for the Southwestern states to ensure our first responders are equipped with the resources they need to confront the complex and dynamic challenges that exist along our Southern border.”