WASHINGTON (By Billy House, Republic
Washington Bureau) May 13, 2005
- Millions of undocumented workers in the United States could come out of
the shadows by registering with the government and paying fines or fees of
at least $2,000 to begin earning permanent residency under the most sweeping
immigration-reform bill in two decades.
The bill introduced Thursday was dubbed the "Secure America and Orderly
Immigration Act" by its bipartisan group of sponsors, led by Sens. John
McCain, R-Ariz., and Edward Kennedy, D-Mass. It would create a
temporary-work visa program for foreigners to fill jobs requiring few or no
skills, for up to six years.
The legislation was touted as ensuring tougher enforcement of laws at the
border and in the workplace while speeding the process of reuniting
immigrant families. In addition, Mexico and other countries would be
encouraged to enter into agreements to play a more active role in helping
prevent illegal immigration into the United States, including promoting more
economic opportunity back home.
House sponsors Jim Kolbe and Jeff Flake, both Arizona Republicans, and Luis
Gutierrez, D-Ill., joined McCain and Kennedy on Thursday in casting the
legislation as a comprehensive approach to immigration reform and
national security.
They also said they believe it is consistent with the broad principles that
President Bush said he'd favor in a temporary-worker plan to "match willing
employers and willing workers" from other countries. In fact, Bush has
offered few specifics for what he wants in such a proposal.
Immigrant advocates and some business groups, including the U.S. Chamber of
Commerce, said they welcomed the measure as a broad approach to immigration
reform that goes beyond the piecemeal efforts of the past.
But the legislation faces an uncertain future because of stiff opposition
from groups that want tighter immigration controls - including many
Republicans who hold a majority in the U.S. House - and that oppose giving
legal status to people who've entered the country illegally.
There is, however, widespread recognition in Congress that the current
immigration system is broken, despite disagreement over priorities.
"I want an immigration system that says we're not going to look for people
who come to mow our lawns, and wash our dishes and clean our babies' behinds
and raise them. Those aren't the people we're concerned about," Gutierrez
said. "We're concerned about drug dealers and smugglers on our borders."
But Arizona Republican Rep. J.D. Hayworth, who supports tighter controls on
immigration, criticized the bill as a "bad idea not only because it creates
a transparent path to amnesty, but also because it would reduce work
opportunities, depress wages and lower worker protections for Americans."
"I believe that when the disturbing details of this proposal are considered,
Congress will see the light and join the overwhelming majority of Americans
that want the federal government to enforce our present laws against illegal
immigration," Hayworth said.
Bush administration spokesman Taylor Gross on Thursday offered no clue as to
how the new bill was being received at the White House.
"The president is glad to see this contribution to the discussion on
immigration," Gross said, though he added, "We understand a number of other
members are working on proposals, as well, and we look forward to working
with members of both parties to pass a bill that meets the president's
principles."
McCain assured that the measure "is not, I repeat, NOT, an amnesty bill,"
noting that, "The reality is there is an estimated 10 (million) to 11
million undocumented people living and working in this country. It would be
impossible to identify and round them up and send them back to the countries
from which they came."
Insisted Kennedy: "This bill does not provide a free pass to anyone. This
bill does not put those who have been illegally here in the United States at
the front of the line."
The legislation aims to enable undocumented workers to come forward to apply
for one of two new visas - called an H-5B - for work status as a
"non-immigrant."
Under this visa, they could not only work in the United States for up to six
years, but also could travel abroad.
To obtain this status, workers would have to submit to fingerprinting and
other background checks, pay processing fees, back taxes and a $1,000
initial fine. The worker's spouse and children also could apply.
After six years, the worker would be limited to five more years to make it
through the waiting list for a green card.
To eventually apply for this permanent resident status, the worker also
would have to pay an additional $1,000 fine, undergo more criminal checks
and a medical exam, register for selective service, and work to become
proficient in English. The spouse and children also could apply for
permanent status.
The bill also would create a new temporary visa to allow foreign workers to
enter the country, dubbed a H-5A visa. All applicants would have to show
they had a job waiting for them and pay a fee of $500, in addition to
clearing all security, medical and other checks. These visas would be
"portable" to other jobs, and the total number of applicants initially would
be capped at 400,000 annually. Employers who apply for foreign workers would
first have to advertise those jobs on a national electronic database and
give priority to U.S. workers.
Under the bill, a new visa document would be tamper-proof and include
biometric information. The system would allow employers to verify
electronically that a foreign worker is in the country legally and
authorized to work.
Any employer who participates in the program would be required to use this
system; the measure would bring stiff fines on employers knowingly violating
immigration labor laws.
It also calls for a commission that would evaluate the impact of the
legislation on the U.S. labor market
"We need a plan that fairly balances national security, economic reality and
worker protections, and I think our bill comes pretty darn close," Flake
said.
Added Kolbe: "This is a comprehensive bill that doesn't try to solve the
hemorrhaging immigration problem with a Band-Aid. This is major surgery."
McCain said he was optimistic that the Bush administration would work with
lawmakers on the immigration proposal and that there would be hearings on it
this year.
There was no immediate reaction from Sen. Jon Kyl, R-Ariz., who with Sen.
John Cornyn, R-Texas, is expected to introduce his own bill by the end of
the summer to make it easier for foreigners to work in the United States
temporarily. But they oppose making it easier for those who already are in
the country illegally to gain permanent residence.
Frank Sharry, executive director of the National Immigration Forum, an
immigrant advocacy group, said, "This bill will reconcile the fact that we
have hardworking immigrants already here and coming in the future, but
insufficient legal channels.
"This bill gets the combination of admissions and enforcement just about
right. In contrast to the status quo, it will mean honest admissions
policies, tightly enforced," he said.
Randal Johnson, the U.S. Chamber of Commerce's vice president of labor,
immigration and employee benefits, said the nation's immigration and visa
policy "must improve our nation's security, address future labor shortages
through a temporary-worker program and provide a reasonable mechanism for
undocumented workers already here to qualify for legal status."
"While some significant issues remain to be resolved, this legislation meets
those principles," he said.
But Jack Martin, special projects director for the Federation for American
Immigration Reform, a group that advocates improved border security to stop
illegal immigration, said, "There's an amnesty component to this, whether
they want to call it that or not."