Bush Plan Just Guest Worker Program with No Legalization: The Debate Begins

WASHINGTON, (By Elisabeth Bumiller, NYTimes) January 7, 2004 — As President Bush prepared to ask for a sweeping overhaul of the nation's immigration laws this afternoon, a spirited debate on the President's proposals was already taking shape today.

Under Mr. Bush's proposal, which effectively amounts to an amnesty program for millions of undocumented immigrants with jobs in the United States, an undocumented worker could apply for temporary worker status here for up to six years, with all the employee benefits, like minimum wage and due process, accorded to those legally employed.

Workers who are approved would be permitted to travel freely between the United States and their home countries, administration officials said, and would also be permitted to apply for a green card granting permanent residency in the United States.

Reaction to Mr. Bush's proposals was varied. Some people said they were an important first step, while some immigrant-advocacy groups said they did not go far enough. And a conservative politician described the proposals as a cynical attempt to court Hispanic votes.

Administration officials said that Mr. Bush would also propose increasing the number of green cards issued each year, which is now about 140,000, but they did not provide a specific number. The administration officials, who briefed reporters in a conference call on Tuesday night, said only that Mr. Bush would ask for a "reasonable increase."

Mr. Bush's proposal, one administration official said, would "match willing workers with willing employers" and would "promote compassion" by fixing what one called "a broken system."

Under the proposal, workers in other countries could also apply for guest worker status in the United States, provided there was no American to take the job.

But the president's plans are expected to face a tough fight in Congress, where conservative Republicans have said they consider programs like the one the president is proposing nothing more than amnesty for people who have broken the law.

Patrick J. Buchanan, the conservative commentator, called Mr. Bush's plan "a massive reward for lawbreaking."

"The president of the United States is making a concession in order to win Hispanic votes," Mr. Buchanan said on the NBC "Today" show today. "He cannot or will not do his duty to enforce the immigration laws of the United States and to protect the borders of the United States."

But Representative Loretta Sanchez, a California Democrat, who was interviewed with Mr. Buchanan, said Mr. Bush's proposals would make the country more secure, reunite families and fill an economic need.

"We need to know who's here," Ms. Sanchez said. "We have limited amounts of resources and we need to target those resources on people who are here to do us harm, not on people who are working, who are here as part of our community, whose children are probably United States citizens."

The president's proposals were designed to appeal to Hispanic groups, a constituency that the White House is focusing on as Mr. Bush seeks re-election this year. The proposals are expected to be embraced by President Vicente Fox of Mexico, who has been lobbying for them for the past three years.

Mr. Bush is to meet with Mr. Fox at an economic summit next week in Monterrey, Mexico, where immigration will be a significant part of the agenda and Mr. Bush's proposals are likely to become a major focus.

Mr. Bush's proposal is closely modeled on legislation introduced last summer by Senator John McCain and Representatives Jim Kolbe and Jeff Flake, all Republicans from Arizona. The issue of illegal workers has been an important one in the state.

"We are ecstatic that they are addressing this," Mr. Flake said in a telephone interview on Tuesday night. "We've maintained all along that you have to deal with both sides of the issue — those who want to come to the country, and those who are here now. We're very happy to see a realistic approach. We deal with it daily, and we have to have a rational policy."

Mr. Bush's proposal is in some ways more generous to illegal workers than is Mr. Flake's bill. The legislation, for example, requires that a guest worker wait three years before applying for a green card. Under Mr. Bush's proposal, a worker could apply for a green card right away.

Mr. Bush's proposals apply to all undocumented immigrants in the United States, which officials estimate at 8 million to 14 million people. About 60 percent are thought to be Mexican. No one is certain how many undocumented workers there are among all undocumented immigrants, but Mr. Fox has said that some 3.5 million of the workers are Mexican.

Mr. Bush entered office with immigration reform at the top of his foreign policy agenda, and in the late summer of 2001 various guest worker proposals were under discussion by United States and Mexican officials. But the Sept. 11 terrorist attacks that year led to increased concerns about the safety of America's borders and derailed the negotiations.

Under Mr. Bush's proposals, an undocumented worker and an employer would have to apply for the guest worker program hand in hand, with the employer serving as the sponsor for the worker. The guest worker program would last for three years, when it could be renewed for another three. After that, the worker would have to return home.

The plan also includes incentives for workers to return to their countries, like a promise of retirement benefits there based on income earned in the United States.

Critics of Mr. Bush's proposal note that the White House has not said how much of an expansion in the number of green cards it will seek. Currently 140,000 are issued annually for workers who are sponsored by employers, with only 10,000 of those set aside for unskilled workers. Unless the White House seeks, and obtains, a huge increase in the number of these green cards, many of the undocumented workers who apply under the president's program could face an extended wait — 10 to 20 years, by some estimates — for residency.

Administration officials acknowledge that the wait for a green card can take up to six years or longer, meaning that some guest workers who apply for green cards but do not receive them would face the prospect of being forced to leave the United States. In that case, critics of the proposal said Tuesday night, workers would be better off remaining illegal and staying indefinitely in the United States, rather than revealing themselves to immigration officials when they sign up for a program that may, these critics assert, lead to their deportation.

"They're asking people to sign up for a program that is more likely to ensure their departure than ensure their permanent residency," said Cecilia Munoz, a vice president of the National Council of La Raza, a Hispanic advocacy organization.

"Since it is just a guest worker program with no legalization, the community is not going to support it," said Mesa, Arizona LULAC President Jon Garrido. "Their stay will be limited to three years then comes deportation."

Groups opposed to increased immigration also criticized the president's proposal. "It's an amnesty, no matter how much they dance around the fact," said Mark Krikorian, executive director of the Center on Immigration Studies, an anti-immigration group. "It's legalizing undocumented immigrants."

Other critics say that the guest worker program could lead to the exploitation of immigrant workers. "If you are dependent on an employer filing a petition on your behalf, that employer has a tremendous club over you," said one person briefed on the president's proposal.

But an administration official said that the plan would protect the rights of undocumented workers, "who now live in the shadows, and are fearful of coming out of the shadows."

A number of limited guest worker programs already exist in the United States, but they are designed for skilled technology workers, who typically come from India, China and Eastern Europe.

Mr. Bush will also argue, administration officials said, that his plan will make the country safer by giving the authorities a better idea of who is in the country and crossing its borders.