ALERT: Senators Unveil Bipartisan Framework for Comprehensive Immigration Reform

By: The Chander Law Firm, PC

WASHINTON, D.C. – On January 28, 2013, a bipartisan group of senators announced a proposed plan for Comprehensive Immigration Reform legislation.  Senators Charles Schumer (D-NY), John McCain (R-AZ), Dick Durbin (D-IL), Lindsay Graham (R-SC), Bob Menendez (D-NJ), Marco Rubio (R-FL), Michael Bennett (D-CO), and Jeff Flake (R-AZ) unveiled a four point plan committing resources to securing the border, modernizing and streamlining the current immigration system, and creating a tough but fair path to legalization for those currently in the United States. 

The first legislative pillar is to create a path to citizenship for “unauthorized” immigrants already in the United States that is contingent on securing the border and combating visa overstays.  The proposal includes providing increased technology to border officials including unmanned aerial vehicles (drones) and other surveillance and communication equipment.  The proposal also suggests an entry-exit tracking system to ensure departure compliance and other efforts to combat visa overstays. 

Pathway to “Probationary Legal Status”

 

Most importantly, the first pillar suggests a pathway to “probationary” legal status for those who came or remained in the United States without permission.  The plan would require registration, passing of background checks, payment of taxes, learning English and civics, a history of work in the United States, and current employment.

 

Those with serious criminal backgrounds or who pose a threat to national security will be ineligible and subject to deportation.  Probationary status holders will also be ineligible for federal public benefits.

Probationary Applicants go to the Back of the Line

 

While those granted probationary status may be eligible for lawful permanent resident status (green cards), they will have to wait for the current green card application backlog, which goes back to 1989 for some categories, to be cleared.  The purpose is to ensure that those who violated American law do not get preferential treatment to those who have lawfully waited for their green cards.

 

Preference will be given to those who entered as minor children and did not knowingly choose to violate any immigration laws.  Preference will also be given to agricultural workers.

STEM and Family Based Relief

 

The second prong of the plan is to focus on changing the immigration system to encourage innovation and economic growth as well as address current family based immigration backlogs.  The proposal will include awarding green cards to those receiving PhDs and Master’s degrees in science, technology, engineering, or math from a United States university. 

Mandatory Employment Verification

 The third prong of the proposal includes heightened and mandatory employment verification requirements.

Expansion of H-2A and H-2B Like Programs

 The fourth prong of the legislation would include new options for businesses to sponsor lower skilled workers to fill occupations American workers are unavailable or unwilling to fill. 

Not Much New to Proposal

 The proposal mirrors the immigration bills that have been previously brought before Congress.  It combines elements of previous legalization proposals, the DREAM Act, the Special Agricultural Worker program, and other legislation meant to reduce the immigration backlog for employment based and family based green card applicants.

 While the proposals are likely to obtain passage through the Senate, it is difficult to gauge whether the House of Representatives will allow legislation to move forward.  Certain members of the Republican party have expressed the importance of passing immigration reform legislation in the courting of Latino voters and it is possible that this immigration proposal will receive enough support to be passed in the House.

Contact The Chander Law Firm if you have questions regarding Comprehensive Immigration Reform or any other issues.

 

Related Links

 

Press Release: Bipartisan Framework for Comprehensive Immigration Reform.

 

Transcript: Bipartisan Framework for Comprehensive Immigration Reform, ABC New/Univision.

 

Statement by Senator John McCain on the Bipartisan Framework For Comprehensive Immigration Reform.

 

Lindsay Graham, Statement on Immigration Reform.

 

Bennet, Bipartisan Group of Senators Unveil Framework for Immigration Reform.

 

Menendez: 2013 Is The Year That Congress Will Pass Immigration Reform.

 

Marco Rubio, MEDIA ADVISORY: Senators To Provide Key Update On Bipartisan Talks On Comprehensive Immigration Reform Today At 2:30pm.

 

Bennet, El Grupo Bipartidista de Senadores Revelan su Acuerdo para la Reforma Migratoria.

Senator Flake Joins Bipartisan Group of Senators to Offer Immigration Reform Framework.

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