Major Immigration Reform Bill Introduced in Congress

Comprehensive bipartisan legislation aimed at fixing the nation’s broken immigration system was recently introduced in Congress. The legislation provides for legalization of current and future immigrants while it tightens border security through a series of measures, including a functional system for employers to verify that the people they hire are authorized to work in the United States. The original cosponsors of the Secure America and Orderly Immigration Act of 2005 (S. 1033 and H.R. 233) are Senators Edward M. Kennedy and John McCain and Representatives Jim Kolbe and Jeff Flake (both Arizona Republicans) and Representative Luis Gutierrez of Chicago.

Earned Legalization for Current U.S. Residents
An estimated 10 million undocumented immigrants live in the United States, including 400,000 in Illinois. The legislation would make undocumented immigrants who entered the United States on or before the date the bill was introduced (May 12, 2005) eligible for “earned legalization” by applying for H-5B status. These immigrants would have temporary legal status for six years, after which they could apply for lawful permanent residence (a “green card”). To obtain temporary legal status, they would have to be working or attending school full-time or both. Applicants would be fingerprinted and subject to a criminal background check and would be excluded if they had been convicted of a serious crime. They would be required to pay a $1,000 fine when they applied for temporary legal status and another $1,000 fine six years later when they would apply for permanent residency.

While in temporary status, they may work and travel without fear and would be eligible for loans and work-study, but not grants, to attend college. They would be issued social security numbers and be eligible to apply for a driver’s license. To become a legal permanent resident, they would have to pass English and civics tests equivalent to the citizenship test. Persons pursuing this track would not be eligible to apply for residency through any other channel (such as marriage to a U.S. citizen). There would be no numerical or time limit on applications under this provision. And spouses and children of applicants who enter the United States later would be eligible for the same temporary legal status and eventual application for permanent residency.

Essential Worker Program
The legislation creates a new temporary worker visa (H-5A) for immigrant workers who do not fit into the existing visa categories for agricultural and highly skilled workers. Immigrants with evidence of an employment offer in the United States will be eligible for a three-year visa renewable for an additional three years. If they lose their job, they will have 60 days to become reemployed, or they will have to leave the United States. Participants may apply for an employer-sponsored green card or, after four years in the United States, may self-petition for a green card. There will be 400,000 new visas in this category in the first year, with the number being adjusted for subsequent years based on utilization. Persons with these visas may apply for residency through any other means that apply to them (such as through a family relationship).

Enforcement Mechanisms
Within six months, all new visas and immigration-related documents must be machine-readable and tamper-resistant and include biometric information. Also, the legislation would create a national employment verification database through which employers will be able to check a job applicant’s eligibility to work within one day. Database information must be verified annually.

Border Security
The legislation includes several provisions to enhance protection of the international borders of the United States.

Labor Protection Provisions
H-5A visa holders would have the same legal rights as U.S. workers. The fines for unfair labor practices involving immigrants would be doubled.

Defrauding Immigrants
Only legally qualified representatives—attorneys and accredited representatives from nonprofit organizations—may advertise immigration-related services. Aggrieved immigrants may sue and receive triple damages.

Locally the Illinois Coalition for Immigrant and Refugee Rights has endorsed the Secure America and Orderly Immigration Act of 2005 and will be leading the local organizing efforts in support of this bill. The coalition already has convened local leaders from the immigrant community with Representative Gutierrez to map out a plan for building support for this comprehensive immigration reform.

For more information and to get involved in this effort, contact Gabe Gonzalez , Illinois Coalition for Immigrant and Refugee Rights, at 312.332.7360 ext. 16.