Members of Congress introduce Comprehensive Border
Security & Immigration Reform Bill: Essential Worker
Visa Program
The United States immigration has been the topic of considerable
debate for the past several years. The President’s
plan for immigration reform was further delayed by the events
of September 11. This year, the Congress has finally decided
it was time to tackle the heated issue of comprehensive
immigration reform.
The Congress, the President and the vast majority of US
residents acknowledge that the current immigration system
has significant flaws and that comprehensive legislation
must be passed to address what may deem to be a national
crisis.
However, anti-immigration advocates are calling for a nationwide
crackdown on illegal immigration involving closure of the
borders, stricter enforcement of removal of undocumented
immigrants, and assessment of penalties against companies
that employ undocumented workers.
There are also many legislators that are seeking a more
fair and just resolution to the immigration problems.
Last May 15, seven influential US lawmakers* have introduced
a bipartisan comprehensive immigration legislation designed
to strengthen border security and enforcement of immigration
laws and reduce the flow of illegal immigrants by offering
them visas to work in the United States.
The bill, the “2005 Secure America and Orderly Immigration
Act”, proposes a clear path to legal status of undocumented
workers, assuming certain criteria can be met.
The number of undocumented immigrants living in the United
States surged to 10.3 million last year, according to a
survey by the research group Pew Hispanic Centre. Some 25
percent live in California and 14 percent in Texas. The
population increased by 23 percent in a four-year period
– or by roughly 485,000 persons annually.
“The status quo is unacceptable, and we need to modernize
our broken immigration system to meet the challenges of
the 21st Century. And we need policies that continue to
reflect our best values as a nation – of fairness,
equal opportunity, and respect for the law. One of the mistakes
of the past is to assume we can control illegal immigration
on our own. A realistic immigration policy must be a two
way street. Under our plan, America will do its part, but
we expect Mexico and other nations to do their part too,
to replace an illegal immigration flow with regulated, legal
immigration,” said Kennedy.
McCain said, “Homeland security is our nation’s
number one priority, this legislation includes a number
of provisions that together will make our nation more secure.
For far too long, our nation’s broken immigration
laws have gone unreformed – leaving Americans vulnerable.
We can no longer afford to delay reform. I am proud to join
my colleagues today as an original Sponsor of this legislation.”
The bill holds within its lines a carrot and stick aspect.
It provides for a three year non-immigrant work visa which
could be renewed one time for a second three years. This
provision appears to reflect President Bush’s desire
to see a guest worker program. The bill dubs it the “Essential
Worker Visa Program”. It creates a new visa, the H-5A,
which would allow foreign workers to enter and fill available
jobs that require few or no skills, and would be valid for
three years.
The proposal also allowed those undocumented on the date
of the bill’s induction to register for a temporary
visa, H-5B that would be valid for six years and thereafter
be able to seek permanent residency. Applicants would have
to show work history, a clean criminal record, and convince
immigration authorities that they were not a security problem
in order to be eligible for a temporary visa.
Upon receipt of the visa, the applicant would receive work
and travel authorization. Their spouses and children would
also be eligible for the same visa.
“In order to qualify for permanent status, individuals
would have to meet a future work requirement, clear additional
security/background checks, pay substantial fines and application
fees ($2000 or more per adult) as well as back taxes, and
meet English/civics requirements.” the bill states.
“This is not amnesty; this is earned adjustment,”
said McCain. He said the proposal followed the principles
for immigration reform previously laid out by Bush, and
that he expected the President to support the bill.
The path to citizenship, even if the bill passes, is long
and difficult. Without it, workers have no recourse if they’re
not paid or if they’re mistreated. Without it, they
can’t work legitimate jobs that offer health insurance.
Without it, they’re relegated to living in the shadows.
The bill offers an incentive to obey the law, undergo background
checks and learn English. That is a positive step toward
building a stronger citizenry.
There’s no simple solution. Even tightening the borders
doesn’t address the issue of the millions who already
live and work here. Thus, rounding up everyone who might
not have come here legally to deport them could result in
profiling unlike anything this country’s seen in its
history.
Kennedy, who has played a central role in every immigration
reform push since the mid-1960’s, stated that Americans
wanted and deserved realistic solutions.
“They don’t want open borders, and they don’t
want closed borders. They want smart borders.”
“We are a nation of immigrants, and we always will
be, and our laws must be true to that proud heritage”
Kennedy said.
* Sponsors: Senators John McCain
(AZ), and Ted Kennedy (MA), and Representatives Jim Kolbe
(AZ), Jeff Flake (AZ), and Luis Gutierrez (IL), joined by
Senators Sam Brownback (KS), and Joe Lieberman (CT).
