LEGAL PATH FOR IMMIGRANTS:
McCain, Kennedy unveil sweeping reform bill Billy HouseRepublic Washington BureauMay. 13, 2005 12:00 AM
WASHINGTON - 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."
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Reach the reporter at
billy.house@arizoanrepublic.com or at 1-(202)-906-8136.
