Comprehensive Immigration Reform and HR 1645
Immigration reform may be on its way this time around. I just read a summary and listened to a conference call where Reps. Jeff Flake and Luis Gutierrez provide an overview of this important new 697 page bill called the Security Through Regularized Immigration and a Vibrant Economy Act of 2007 ("STRIVE Act").
Two years ago I prepared a list of what I felt was important for any piece of comprehensive immigration legislation to be successful and have made many presentations based on these precepts:
1. Balance benefits and enforcement.
2. Develop a Culture of Compliance.
3. Must be workable, funded, and timely.
4. Creates a visa escape valve for lower and higher paid workers based on market demand.
5. Proceed with earned citizenship for unauthorized workers currently in the U.S.
6. Require assimilation tools (English, civics, etc.) for all immigrants.
I have always felt that any solution must be long term and deal with practical realities of existing factors and market demands rather than pandering to extremist constituencies on both sides of the spectrum of debate. The current proposal is well thought out and addresses most of the concerns above. Examples of issues that are addressed in the bill include:
1. Border Enforcement. More agents and additional high technology surveillance to guard the borders. Criminal penalties for evading inspection. Grants to local local law enforcement to enforce drug laws.
2. Interior Enforcement. Increased criminal penalties for failure to depart, document related fraud, alien smuggling, and unauthorized employment of aliens. Reaffirms right of local police to enforce criminal provisions of immigration laws.
3. Employment Verification. Creates electronic system for verification of employment authorization, establishes criminal penalties for employers who operate outside the system, and implements strong enforcement mechanisms.
4. New Worker Program. Won't apply until border surveillance improved, document security changes in place, and first phase of electronic verification system is operational. Initial cap of 400,000 H-2C nonimmigrant temporary visas which adjusts annually up or down based on market demand. H-2C good for up to 6 years, with right to apply for conditional permanent residence after 5 years and unconditional permanent residence after passing assimilation tests and meeting other admissibility requirements. Job first available to U.S. workers.
5. Visa Reforms. Increases family based and employment based visas to meet demand (doubles employment based visas). H-1b nonimmigrant visas increased to range of 115,000 to 180,000 based on demand with exemption for aliens with advanced degrees in science, technology, engineering, and math.
6. Earned Legalization Program for the Undocumented. Won't apply until improvements in border surveillance and document security, and first phase of electronic verification in effect. Conditional nonimmigrant status for up to 6 years for aliens who establish continuous physical presence and employment before June 1, 2006. Must make a trip outside U.S. during 6 year period. Permanent residence if no felony or 3 misdemeanors, alien pays $1,500 fine and all taxes, takes assimilation tests, and meets other admissibility requirements.
This bill addresses most maJor concerns and is a long term practical plan to address current conditions and needs. Most importantly it has the elements to inculcate a culture of compliance which does not exist today. To be successful in the long run and develop over time a culture of compliance legislation must address market demands for high and low paying jobs and punish those who do not play by the rules.
Debate will ensue for the next 90 days and the authors believe the hearings will strengthen support if the stakeholders (employers) are active. The Senate is enthused by this House bill.
We will keep you apprised of the development of this important piece of legislation.
