The Bipartisan Immigration Overhaul Bill

The 2012 elections saw Latinos, the nation’s fastest growing electoral group, overwhelmingly vote for Obama.  This result caused a Republican awakening as the party’s immigrant-bashing became a political liability.  It now appears that a compromise bill with immigration reforms may become the framework for a new law.

The recently released Senate bill attracts the most attention while the House continues to work on its own version.  Using complicated procedures, the proposed Senate legislation offers the hope of citizenship for 11 million undocumented immigrants.  The main features of the bill include border security, visa guidelines, employment verification, and the much-debated path to citizenship.

The bill calls for tightening border security at the U.S.-Mexican border even though the Obama administration spent $18 billion on enforcement last year and deported a record 400,000.  Border enforcement comes in the form of more surveillance, fencing, and patrols.

The reform bill creates a “registered provisional” status which allows undocumented individuals to stay in the United States without risk of deportation.   This status requires paying a fine and back taxes, holding a job, and having a clean criminal record.  After ten years, those who meet these criteria can apply for permanent resident visas, known as green cards, followed three years later by citizenship eligibility.  The bill also increases the number of green cards for those stuck in backlogs for ten years or more.

The 13 year path to citizenship would be reduced for DREAMers, those who came without documentation before age 16, graduated from high school, and stayed in the U.S. for at least five years.  DREAMers could apply for permanent residency after five years and citizenship immediately thereafter if they served two years in the military or completed two years of college.

The bill also creates three new worker programs for agricultural, “low-skilled,” and “high skilled” workers.  More workers in these categories unlock the potential of the immigration system.  They must, moreover, be paid at the same wage as other employees of similar experience or at the prevailing wage, whichever is higher.

The bill includes expanded workplace verification and entry/exit visa systems. Employers would be mandated to use an improved electronic system for determining the legal status of current and perspective employees.

The proposed legislation would profoundly affect the American economy.  New jobs will be created and filled, new patents will be granted, and new businesses will be opened.  The U.S. Treasury will collect more taxes, and younger, healthy workers will pay into Social Security, Medicare, and Medicaid.

The proposed legislation, however, faces treacherous legislative challenges.  The only immigration reform some members of Congress would approve is improving border security.  Others remain steadfastly opposed to any hint of what they call “amnesty.”  Finally some will object to the cost, mostly for enforcement, estimated at $17 billion over 10 years.

The excitement generated by the comprehensive reform bill is tinged with disappointment caused by the length of the 13-year path to full citizenship and leaving out those who arrived after December 30, 2011.  Others worry about scraping together enough money to pay taxes and fees needed to receive legal residency.

The reform bill fails to cover the 4.3 million LGBT people awaiting family reunification and wanting a chance at citizenship.  Immigrants with provisional status would be subject to a punitive clause that makes them ineligible for any federal means-tested public benefits, such as food stamps.

The bill’s complicated provisions will ignite heated debate and passage remains uncertain.  Still Senator Robert Menendez (D-New Jersey) argues that citizenship for immigrants without papers reflects four realities:  “Americans support it, Latino voters expect it, Democrats want it, and Republicans need it.”   The bill is a beginning, something to be nurtured and improved.

Ralph Scharnau teaches U. S. history at Northeast Iowa Community College, Peosta.  He holds a Ph.D. from Northern Illinois University.  His publications include articles on labor history in Iowa and Dubuque.  Scharnau, a peace and justice activist, writes monthly op-ed columns for the Dubuque Telegraph Herald.