“We have waited patiently for a workable solution to our immigration crisis to be taken up by this Congress and our President. The time for waiting is over,” stated Representative Luis Gutierrez (D-IL) upon introducing the first comprehensive immigration reform bill in over 2 years. The Comprehensive Immigration Reform for America’s Security and Prosperity Act (CIR ASAP) and its 90+ sponsors represent a commitment to move immigration reform forward. SIREN will be analyzing the bill thoroughly and discussing the six titles with the community for input.
Below is a brief summary of the major components of the bill:
Legalization: The bill would allow undocumented immigrants to apply for a 6-year conditional non-immigrant visa, providing them with a valis social security number, work authorization, and the right to travel outside the country. They must register with the government, pass a criminal background check, pay a $500 fine, show they’ve paid their taxes, and learn English and U.S. civics. After six years, once the backlog clears, they could apply for lawful permanent residence (LPR) with a path to U.S. citizenship. AgJobs and the DREAM Act are included in the bill so tht farmworkers and students would be able to apply for LPR status before the 6-year wait.
Visa Backlog Reduction: Unused visas from the labor and family-based preference system from 1992 to 2008 would be used to reduce the current backlog. The 322,000 spouses and children of LPRs would be treated the same as the spouses and children of citizens, exempting them from the annual immigration cap and allowing them to apply for a green card immediately.
Strengthening U.S. Economy and Workforce: A Commission on Labor Markets and Immigration would be created to set employment-based immigration policies and study immigration impacts. Employment-based visas would be increased. Some skilled temporary immigrants will be able to adjust regardless of visa availability and low-skilled immigrants for whom there have been no legal visas available would get up to 100,000 visas per year for the first three years, allocated through a lottery system. After that time, the labor commission will make its recommendations regarding employment-based immigration admissions. There would be greater protections for H1B and H2B workers.
Enforcement: The bill would focus more resources at border ports of entry to combat the smuggling of arms, drugs, and people. It contains provisions to increase the accountability of border enforcement. It also includes local involvement in border enforcement planning.
The bill includes standards for detention, such as access to medical care and telephones, a complaint process, and transfers. It promotes greater use of alternatives to detention and offers more protection for asylum seekers and other vulnerable populations including families.
Among other things, the bill would repeal INA section 287(g), a provision of immigration law relating to cooperation between state and local enforcement agencies and ICE, a provision misused by some local agencies such as in Arizona. It makes clear that the federal government is responsible for enforcing immigration laws, and the federal responsibility pre-empts state and local laws that have been passed to enforce immigration laws. An Ombudsman’s office would be established within ICE. The bill would end the one-year deadline for applying for asylum.
The bill includes standards for detention, such as access to medical care and telephones, a complaint process, and transfers. It promotes greater use of alternatives to detention and offers more protection for asylum seekers and other vulnerable populations including families.
Among other things, the bill would repeal INA section 287(g), a provision of immigration law relating to cooperation between state and local enforcement agencies and ICE, a provision misused by some local agencies such as in Arizona. It makes clear that the federal government is responsible for enforcing immigration laws, and the federal responsibility pre-empts state and local laws that have been passed to enforce immigration laws. An Ombudsman’s office would be established within ICE. The bill would end the one-year deadline for applying for asylum.
Electronic Employment Verification: The bill will make an Electronic Employment Verification System mandatory, but it would be rolled out over three years, conditioned upon the system’s accuracy and ability to protect the privacy of individuals. Employers would face stiffer penalties for evading or misusing the system, and there would be due process protections for workers denied work due to erroneous records. It prohibits the creation of a national ID card.
Integration and Citizenship: The bill provides for an $80 million grants program for organizations that help immigrants with outreach, civics, English, and citizenship application assistance. It waives the English and civics naturalization requirements for permanent residents who have graduated from a U.S. high school, and for certain older persons.
