Bush "Ready to Sign" Immigration Reform Bill

Thursday, May 17, 2007
Contributed by: Charles A. Mallard

Flanked by the Secretary of Homeland Security, Michael Chertoff, President Bush announced today that he is "ready to sign" a bill being touted as a bipartisan proposal that could result in comprehensive immigration reform. Speaking for approximately one minute, the President's primary sound bite suggested that the bill would address the toughest of immigration issues with "no amnesty but without animosity." Otherwise, the President's comments, while upbeat, were without substantive comment concerning the "grand bargain" announced earlier today.

According to today's original Congressional announcement, the plan would create a temporary worker program, a separate program to cover agricultural workers, and for the first time, give more weight to skill and education levels vs. family connections in deciding whether immigrants should be eligible for permanent residence status. Employers were also warned that new high-tech employment verification measures will be instituted to ensure that workers are here legally and to intensify enforcement and punishment efforts against employers who employ illegal workers.

Highlights of the proposal, which will be the subject of substantial debate over the next week in the Senate, include:

  1. A new "Z Visa" for illegal aliens - who after paying fees and a $5,000 fine - could get on track for permanent residency. This process, which could take between 8 and 13 years, would also require the head of the household to return to their home country to apply for their green card.
  2. Under this proposal, illegal aliens who entered prior to January 1, 2007, could come forward (touted as the "path out of the shadows") immediately to claim a probationary card that would let them live and work legally in the U.S., but could not "begin the path to permanent residency or citizenship" until border security improvements and the high-tech worker identification program were completed.
  3. A temporary guest worker program that would allow for an original and two renewed two-year work visas, so long as the guest worker returns to their home country for one year in between each of the two year periods. This program would also be dependent upon the implementation of border security and worker identification programs.
  4. Substantial limitations on family-based petitions, with 4 of the current Preference Categories (1, 2b, 3 and 4) being eliminated. As currently proposed, that would mean, with the exception of spouses and unmarried children under the age of 21, most family members, such as parents, would no longer be able to qualify for a visa based exclusively on the basis of a familial relationship.

This last issue will likely be the primary focus of the debates which are anticipated to take place over the next week. According to Republicans, revisions to the current family preferences are necessary to end chain family migration which is harmful to the economy. Democrats alternatively question the family-based restrictions on the basis that revisions risk tearing families apart. Nonetheless, Sen. Kennedy of Massachusetts, the Democrat's lead negotiator on the proposal, has characterized the bill as "the best possible chance we will have in years to secure our borders and bring millions of people out of the shadows and into the sunshine of America."

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.