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?

The 2 senators today released their plan to mend immigration in the Washington Post.  The announcement was praised by the President in this statement.  The Post article, authored by both senators, agrees that:

1. the system is broken
2. although our borders are more secure, there are still millions that enter the USA illegally with no way of tracking if they leave when their visas expire
3. employers are overburdened with a complex employment verification system for their workers
4. Most Americans oppose illegal immigration and support legal immigration

They further discuss continuing to hold employers accountable for the employment verification of their workforce and implementing a tamper proof ID system to decrease illegal immigration.

This is what Schumer and Graham propose and seek support on:

1. To introduce a biometric social security card to ensure that illegals cannot get jobs where each card would have its own unique identifier on the card and not in government databases.  Employers would swipe the card to confirm a person’s identify
2. Strengthen border and interior enforcement
3. Create a process for admitting temporary workers and allowing more lower skilled immigrants to come to the USA when the  economy is creating jobs and fewer in a recession.  Will also permit those who have put down roots in the USA  and succeeded in the workplace to obtain a green-card
4. Implement a path to legalization for those already here
5. Zero tolerance on gang members, felons, smugglers and terrorists and increase internal enforcement to apprehend and deport them
6. Complete an entry-exit system that tracks those that enter the USA on visas and report those who overstay to law enforcement databases
7. Increase the border patrol

The article closes with the following:

“For the 11 million immigrants already in this country illegally, we would provide a tough but fair path forward. They would be required to admit they broke the law and to pay their debt to society by performing community service and paying fines and back taxes. These people would be required to pass background checks and be proficient in English before going to the back of the line of prospective immigrants to earn the opportunity to work toward lawful permanent residence.

The American people deserve more than empty rhetoric and impractical calls for mass deportation. We urge the public and our colleagues to join our bipartisan efforts in enacting these reforms.”

We will continue to keep you informed and will report in more detail on the immigration plan in our April newsletter.

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