Roman & Singh, LLP | Guest Worker Program

Below are updates and news articles of interest relating to the proposed Guest Worker Program in the United States by President Bush and various Senators. If you have additional questions regarding this important legislation or how you could take part in it please call our office to speak to an attorney or send an email to info@romanandsingh.com.

Senate passes immigration bill overhaul

By DAVID ESPO, AP Special Correspondent - May 25, 2006

Legislation to secure U.S. borders and offer millions of illegal immigrants access to the American dream cleared the Senate on Thursday, a rare election-year reach across party lines and a triumph for President Bush.

The 62-36 vote cleared the way for arduous summertime compromise talks with the House on its version that focuses on border enforcement — with no guarantee of success.

"Why not say to those undocumented workers who are working the jobs that the rest of us refuse, come out from the shadows," said Arizona Republican John McCain, a key architect of the bill.

The legislation includes money to better secure the borders, provide a new guest worker program and give an eventual shot at citizenship to many of the estimated 11 million to 12 million immigrants in the country illegally.

The bill "strengthens our security and reflects our humanity," said Edward M. Kennedy, D-Mass., McCain's partner in Senate compromise. "It is intended to keep out those who would harm us and welcome those who contribute to our country."

Majority Leader Bill Frist, R-Tenn., and the Democratic leader, Harry Reid of Nevada, both sided with supporters, a reflection of the bipartisan backing for a bill that was months in the drafting and survived several near-death experiences.

Conservative critics attacked the legislation to the end after trying unsuccessfully to pull it apart with amendments.

"This bill will not secure our borders," said Sen. Jeff Sessions (news, bio, voting record), R-Ala., one of the most persistent critics.

"This is amnesty," added David Vitter, R-La., who tried last week to strip out provisions relating to citizenship.

Not so, said Sen. Arlen Specter (news, bio, voting record), R-Pa., chairman of the Judiciary Committee, in a rebuttal to weeks of debate. "They have to pay a fine. They have to undergo a criminal background check. They have to pay back taxes, they have to learn English and they have to go to the back of the line," he said, referring to illegal immigrants who would apply for citizenship.

Still, Sessions, Vitter, John Cornyn of Texas and others echoed a view widely held among House Republicans, many of whom have vigorously denounced the Senate bill as well as Bush's call for a "comprehensive approach" to the issue.

That portended difficult compromise talks in the shadow of midterm elections, at a time when Bush's poll ratings are low, congressional Republicans are concerned and Democrats are increasingly optimistic about their chances in November.

For now, supporters of the Senate bill said they intended to savor their victory. Peppered with questions about the compromise talks ahead, Sen. Mel Martinez, R-Fla., said, "I'm going to celebrate here."

The House bill, which passed on a largely party-line vote last year, is generally limited to border enforcement. It would make all illegal immigrants subject to felony charges and it contains no provision for either a new temporary worker program or citizenship for men, women and children in the country unlawfully.

In contrast, the Senate bill would mark the most far-reaching changes in immigration law in two decades. Built on compromise after painstaking compromise, it was designed to appeal to conservatives and others seeking tougher border enforcement; business interests eager for a steady supply of legal, low-wage labor; unions seeking enhanced protections for migrants who often toil in seasonal work the fields and Hispanics who are on the cusp of greater political power and determined to win a change in legal status for millions of illegal immigrants.

That last group — Hispanics — comprises the fastest growing segment of the electorate, and millions made their feelings clear in street demonstrations denouncing the House measure and calling for passage of a broader measure.

Bush played a prominent role in the run-up to passage. An Oval Office speech last week made explicit his support for the Senate's overall approach. A later trip to Arizona was designed to reassure conservatives about his commitment to stanching illegal immigration.

In more than a week of debate, the Senate made a series of changes in the legislation. Still, the key pillars were preserved when opponents failed to knock out the guest worker program or the citizenship provisions. A new program for 1.5 million temporary agricultural workers also survived.

To secure the borders, the measure calls for the hiring of an additional 1,000 new Border Patrol agents this year and 14,000 by 2011, and backs Bush's plan for a short-term deployment of National Guard troops to states along the Mexican Border. The bill calls for new surveillance equipment as well as the construction of 370 miles of triple-layered fencing and 500 miles of vehicle barriers.

The new guest worker program would admit 200,000 individuals a year. Once here, they would be permitted for the first time to petition on their own for a green card that confers legal permanent residency, a provision designed to reduce the potential for exploitation by employers.

A separate new program, a compromise between growers and unions, envisions admission of an estimated 1.5 million immigrant farm workers who may also apply for permanent residency

Even supporters of the bill conceded the three-tiered program related to illegal immigrants was complicated.

Those in the country unlawfully for five years or more would be permitted to remain, continue working and eventually apply for citizenship. They would be required to pay at least $3,250 in fines and fees, settle any back taxes and learn English.

Illegal immigrants in the country for more than two years but less than five would be required to travel to a point of entry before re-entering the United States legally and beginning a lengthy process of seeking citizenship. They would be subject to the same fines, fees and other requirements as the longer-term immigrants.

An immigrant in the country illegally for less than two years would be required to leave with no guarantee of return.

A new electronic system for employee verification is designed to hold employers accountable for hiring decisions. It provides for maximum fines of $20,000 for each worker and possible jail time for repeat offenders.

A separate controversy erupted over a call to make English the national language. Supporters said it would leave all current rights in place. Detractors argued it could undermine an executive order that mandates assistance to individuals who receive services such as health care yet lack proficiency in English.

Comparing the Immigration Bills

How the House and Senate measures stack up, issue by issue.

From Times staff and wire reports
May 25 2006

Issue	House	Senate
Legalization of Undocumented Immigrants	No provision.	The Senate passed a plan with three categories: Immigrants illegally in the United States for at least five years will be allowed to remain. They can become legal permanent residents and eventually citizens after paying at least $3,250 in fines and fees, any owed taxes and learning English. Undocumented workers in the U.S. between two and five years must go to a point of entry on the border, file an application and seek to return. Those in the U.S. less than two years must leave for their home countries. They must compete with other applicants to return. Those convicted of a felony or three misdemeanors will be deported.
Guest Worker Programs	No new temporary worker program.	Created a program for 1.5 million immigrant farmworkers. Allowed visas to be issued for 200,000 new temporary guest workers.
Border Security	Required two-layer fences along 700 miles of the U.S.-Mexico border, along with barriers, cameras and sensors. Called for more Border Patrol agents and the hiring of at least 250 port of entry inspectors in each of the next three years.	Authorized 370 miles of triple-layer fencing along the U.S.-Mexico border and another 500 miles of vehicle barriers. Authorized hiring 1,000 more Border Patrol agents and added another 14,000 agents by 2011 to the force of more than 11,000. Authorized additional detention facilities. Limited National Guard stints along the U.S.-Mexico border to 21 days.
Criminal Issues	Made it a felony for immigrants to be in the United States illegally and increased penalties. Made it a felony to assist anyone attempting to enter or remain in the United States illegally. Established mandatory sentences for smuggling illegal immigrants.	No provisions for felonies.
Employer Enforcement	Increased fines for hiring undocumented workers from $10,000 to $40,000 for each violation and established prison sentences of up to 30 years for repeat offenders. Within six years, employers would have to use electronic database to verify Social Security numbers of all workers.	Increased fines to $20,000 per violation and imposed jail time on repeat offenders. Within 18 months, employers would have to electronically verify the legality of employees.
National Language	No provision.	Made English the national language.
	Full text of House bill	Full text of Senate bill

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