Comprehensive Immigration Reform

Congressional Updates

The federal law, known as REAL ID, requiring states to implement new standards for driver’s license and identity cards is coming under much scrutiny. Those in opposition of the law are pointing out flaws in the overall value of the program as well as the funding and the violation of individuals’ privacy.

REAL ID was introduced by the Bush administration as a crucial part of a plan to more easily verify that workers are in the U.S. legally. Congress approved the law in 2005 as an amendment to the Emergency Supplemental Appropriations for Defense, the Global War on Terror and Tsunami Relief Act. In accordance with REAL ID states are required to enhance the security of I.D. cards and driver’s licenses to meet federal standards. On January 11, standards for the new cards including information such as proof of citizenship and legal status of applicants as well as verifying source documents supplied by the applicants were announced as part of the heightened security.

On April 2, the deadline for state compliance with the new standards was extended through 2009; full implementation is scheduled for late 2017.

Many see the strictness of the law as intrusive, even a threat to civil liberties. However, the new cards are a necessity for utilizing E-Verify. A collaboration of the Department of Homeland Security (DHS) and the Social Security Administration (SSA), E-verify allows employers to electrically verify the employment eligibility of job candidates via the internet. Currently, about 65,000 employers use E-Verify.

Funding the REAL ID program has become of main focus of many critics claiming it may cost as much as $19 billion; Congress has appropriated $90 million. Many states are not moving to meet the new standards due to the lack of funding and no guarantee of being compensated for compliance.

There are two bills currently in Congress to annul REAL ID. Both propose the system return to the DHS working directly with states to create minimum security standards for driver’s license and I.D. cards. Hearings were held in April on one bill; however, no vote or further discussions have been scheduled for either.

On June 6, President Bush signed an executive order demanding all federal contractors participate in the Department of Homeland Security’s (DHS) E-Verify program, a system to verify the employment status of their staff.

The new order amends and existing executive order obligating federal contractors to confirm the legal work status of all employees. These requirements are intended help the government carry out immigration laws and hire contractors with a stable and dependable workforce. The new order illustrates that E-Verify is the most efficient way available to affirm eligibility, and utilizing this electronic system will stimulate the economy and ensure efficiency in federal projects.

E-Verify is a web-based system of verifying the legal status of candidates for employment in the U.S. by comparing information provided in Form I-9 with records from the Social Security Administration’s (SSA) database and the DHS’s immigration database.

Those in opposition of the new regulation claim that E-Verify is not accurate and does not have the ability to scale the overwhelming increase of employers that will now be using the system. Nearly 70,000 employers participate in the program now, although as many as 200,000 federal contractors may now be enrolling in the system now.

Seasonal businesses across the country are feeling the pain of the depleted foreign workforce. After months without a resolution, some are beginning to place the blame for the millions of lost dollars by small business owners on Congress for not acting to renew the returning-worker exemption for H-2B visas. Although a hearing was held on April 16, 2008 addressing the H-2B visa issue, immediate action was not taken leaving seasonal employers without a resolution to the labor shortages they continue to face.

The H-2B visa applies to temporary, non-agricultural workers and is issued for one year with two one-year extensions allowed. Sixty-six thousand visas are reserved for this category each year, with the stipulation that U.S. employers demonstrate that the need for the labor is temporary. It can be seasonal, tied to peak-load demands, or even a one-time occurrence. H-2B visas are a key staffing option for many industries including landscaping, seasonal hospitality, and seasonal construction, and are also critical at peak times in manufacturing, food packaging, and fisheries.

Congress introduced the “Save Our Small and Seasonal Business Act of 2005” as an amendment to the Emergency Supplemental Appropriations bill. President Bush signed the act in May 2005 exempting temporary seasonal workers who had participated in the H-2B visa program in one of the three previous years from counting against the cap. In essence, if a worker had been counted under the cap during any of the three preceding years, and had followed all applicable rules, they would be eligible for the exemption. These employees were not counted within the 66,000 allocated visas. This resulted in the availability of more H-2B visas so that employers could ensure they had the necessary staff to maintain operations during peak periods.

This legislation delivered significant benefits to both H-2B workers and the American employers dependent on seasonal foreign labor. Employers were ensured their foreign workforce would be able to return the following season, and did not have the stress of finding new ways to fill these positions and maintaining operations.

In September of 2007 Congress reached a standstill in the immigration reform discussion. Unable to make a decision, provision allowing the returning worker exemption for H-2B visas expired. The result is tight limitation on the total number of H-2Bs available with a strict cap at 66,000. This cap was met on January 3, 2008 for Fiscal Year 2008 limiting the ability of workers to return who had consistently filled in these seasonal positions.

As a result, many small businesses that incorporate foreign workers to augment their American workforce are struggling to maintain productivity levels and are facing an uncertain future. The H-2B visa provided a legal alternative for these employers to fill gaps in their workforce. With the removal of this option, many are struggling to maintain operations and previous productivity levels.

An April 16 Congressional hearing focused on the H-2B visa issue. The meeting included discussion about the proposed Save Our Small and Seasonal Business Act (H.R. 1843) which was introduced in April 2007 to reinstate the returning worker exemption and remedy the labor shortages many U.S. businesses are facing without sufficient H-2B visas. Although discussed, an immediate resolution was not implemented forcing small and seasonal businesses throughout the country to continue facing the significant labor shortages that, if continued, may force these companies to lay off U.S. workers or file for bankruptcy.

The Department of Homeland Security (DHS) has continued to defend its “No Match” rule against legal challenges with the recent release of an additional regulatory justification for the rule. The DHS views U.S. employment as a “magnet for illegal immigration” and believes its system of matching names with social security numbers will point out potentially unlawful employment.

The proposed addition responds to the arguments on which the District Court for the Northern District of California based their injunction last fall which blocked the “No Match” program.

The DHS holds its stance that there is an obvious link between Social Security “No Match” letters and the employment of unauthorized workers. The department has quoted statements from employers speaking openly about the prevalence of undocumented workers to back-up its hypothesis about employers’ failure to respond to “No Match letters correctly. The supplemental proposed rule is intended “to eliminate ambiguity regarding an employer’s responsibility upon receipt of a no-match letter.”

Employers, especially in profiled industries such as landscaping, agriculture, restaurants, food processing and construction, need to prepare to meet the terms of the upcoming legislation. Though no immediate decisions are being made, employers cannot ignore the changes to come and need to develop a compliance plan and enlist the resources to carry it out.

The Bush administration recently introduced plans to revise and subsequently stiffen worksite enforcement rules to catch and punish employers who knowingly hire undocumented immigrants.

During a press conference in late February, U.S Attorney General Michael Mukasey and Homeland Security Secretary Michael Chertoff introduced several initiatives design to stiffen federal immigration laws. They implicated the administration has acted in response to Congress failing to pass Comprehensive Immigration Reform.

1) Federal fines on employers violating federal immigration laws will increase by nearly 25 percent. The change in fines will include a maximum civil penalty of $16,000 for multiple violations – an increase of $5,000. The Department of Homeland Security (DHS) will be releasing a revised set of rules for employers that receive employee “No Match” letters from Social Security Administration (SSA). The regulations set in August of 2007 have been blocked by an injunction issued by a federal judge stating that the DHS failed to follow procedures required by the Regulatory Flexibility Act (RFA). After conducting an RFA analysis, the department designed the recent revisions to address issues raised by the court.

3) Expanding the federal government’s electronic employment verification system, E-Verify, is another piece of the overall enhancements. The government is leading by example instituting a regulation requiring federal contractors to participate in E-Verify. The state of Arizona also enacted a law requiring all employers to use the system; Colorado, Georgia and Minnesota also all have legislation forcing some companies to utilize E-Verify. With 53,000 employers on board the program has more than doubled in the past year, which is a promising sign that companies are ready to comply with immigration laws.

Despite the rapid growth the program is meeting objections from employer and human resources-related groups, citing the program has a high margin of error due to its reliance on the SSA’s database.  The state of Illinois passed legislation forbidding employers to use the system until the accuracy issue is resolved.

Employers seeking to file H-2B petitions for the upcoming fiscal year are facing a very different situation than they have for filings made in the past several years.

H-2B visas for employees engaging in temporary non-agricultural labor are subject to a numerical cap of 66,000 per fiscal year. In 2005, President Bush signed into law the Save Our Small And Seasonal Business Act. This act had the effect of exempting from the annual cap any “returning worker”. Returning workers are defined as those who have been counted under the cap (i.e. – subjected to the cap) in any of the three preceding fiscal years. Since the Act went into effect, it has been a required that Congress extend the “returning worker” provision each year, exempting such workers from the cap on an annual basis.

The most recent extension of this provision did not occur. As such, the effective period of the “returning worker” provision expired on Sept. 30, 2007. This means that workers who have previously been subjected to and counted under the cap are no longer cap-immune. This has an adverse effect on the H-2B labor force. As returning workers are now subject to the annual numerical cap, returning workers face uncertainty in their efforts to obtain H-2B work authorizations for the upcoming fiscal year. Further, counting returning workers against the numerical cap will drastically reduce the number of new H-2B visas available to employees who have not previously been subjected to the cap.

Efforts to further extend the returning worker provisions are ongoing. Those in favor of the extension are calling on employers to urge politicians to take the necessary steps to revive the exemption, allowing for a larger and stronger H-2B labor force to support small American businesses.

The U.S. Department of Homeland Security (DHS) recently announced a final rule setting a standard across state drivers’ licenses and identification cards. The program, known as REAL ID, purports to address document fraud by requiring states to adopt specific requirements instituted by the DHS. Privacy groups and civil liberties organizations argue that REAL ID will essentially be a national identification system, due to the uniform standards required by the DHS and the linking of identification databases throughout the country. However, the DHS claims that REAL ID will not constitute a “national identification card” system due to the maintenance of identity databases by the individual states.

Under the REAL ID rule, by May 11, 2008, states must meet REAL ID standards in order for their drivers’ licenses and identification cards to be acceptable for federal use. Such federal use will include entering a courthouse, boarding a plane, and receiving federal benefits, including social security and Medicare.

The U.S. Department of Labor (DOL) is working to set clear rules to streamline processing procedures for H-2A certification applications. The goal of the proposed regulations is to make it easier for agricultural employers to fill jobs with workers who are legally in the country. The new regulations are expected to be in place for the next growing season.

The DOL sent letters communicating clear procedures for employers seeking to hire H-2A workers. The initial step is to contact the nearest NPC and offer evidence that there are not sufficient workers available and that employment of the H-2A worker would not adversely affect wages and working conditions of similarly employed U.S. workers. Once certified, employers can petition the U.S. Citizens and Immigration Services to approve the H-2A visas for workers.

The DHS is working to meet the objections of a federal judge in California who in September 2007 halted the implementation of the “no-match” letter regulation. The “no-match” letter regulation, developed by the DHS and SSA, outlines specific steps employers should take if they receive a letter from the SSA informing them they have an employee whose name and Social Security number do not match government records.

Following the suspension of the initial "No Match" regulations in October, the Department of Homeland Security (DHS) now plans to revise the “No Match” program rather than continue the legal process against the current injunction. The regulations announced in August set clear guidelines and penalties for employers that received “No Match” letters from the Social Security Administration (SSA) when the name and social security number provided for a new employee failed to match agency records.

In response to this program, the National Immigration Law Center, American Civil Liberties Union, the AFL-CIO and a number of labor groups filed a lawsuit against the DHS in federal court. Their lawsuit was based on the claim that, due to potential data entry errors in the SSA system, these regulations would likely cause the wrongful termination of employment of many U.S. citizens and other workers who actually have valid employment authorization. After reviewing the lawsuit, the U.S. District Court for the Northern District of California granted a preliminary injunction, suspending the DHS from implementing the regulations.

In a recent letter to federal court, the Bush administration has said it would drop its legal defense of the rule and revise it instead. The DHS now has until March 24th to survey employers to gain further insight of the impact of these regulations on employers. Government officials have stated they are not abandoning the program, but they are planning to address the concerns before proceeding.

 

The DREAM Act (the Development, Relief and Education for Alien Minors Act) was rejected by the Senate picking up 52 votes, 8 short of the 60 required to pass. The vote on the legislation that aimed to give children of illegal immigrants an opportunity to become U.S. citizens if they attended college or entered the military is considered by some to be an indicator for the 2008 approach to the illegal immigration issue within the election cycle.

The DREAM Act would have granted conditional legal status to illegal immigrants younger than 30 who completed two years of higher education or served in the military. To be considered for legal status, they would have needed to have lived in the U.S. for five years and have entered before age 16. After completing the educational or military requirement, they could have applied for citizenship. The legislation was estimated to affect more than 1 million young people.

Given that Congress failed to pass comprehensive immigration legislation earlier this year and many states have stiffened requirements for driver’s licenses, the failure of the DREAM Act is especially disheartening to young immigrants who had high hopes for this opportunity to obtain legal residence in the U.S.

In addition, the result of this most recent vote seems to indicate that the political implications of immigration reform discussion are weighing heavily on those in Washington as many continue to distance themselves from the controversial issue.

A preliminary injunction requested by numerous business groups and unions has been granted by a U.S. District Court Judge in Northern California temporarily halting the implementation of the Department of Homeland Security’s (DHS) recent “No-Match” regulations.

The announced rules detailed how U.S. employers are to deal with the receipt of “No-Match” letters from the Social Security Administration (SSA). These letters are issued by the SSA when an employee’s name and Social Security Number as reported by the U.S. employer do not match. This affects all employers as all new employees are required to fill out an I-9 form which requests an individual’s Social Security Number.

Beginning September 4th, approximately 140,000 “No-Match” packets were scheduled to mail to employers initiating a more stringent accountability process for companies outlining the legal obligations they must follow when receiving a "no-match" letter. Although this process has been delay, the preliminary injunction is not the final action on this matter. The injunction has halted the implementation of the regulations until the lawsuit is resolves. In the interim, the government may challenge the injunction as well.

The uproar caused by the introduction of this program across industries highlights the wide-ranging impact of immigration reform legislation. The regulations will play a role significant role in defining – and limiting – the future workforce that the implications of reform are now more fully understood among employers. As increased compliance issues are introduced, an organization will be forced to increase their internal staff to monitor the continual changes. In addition, further restrictions on staffing without a valid pool to fill the open positions will continue to limit opportunities for U.S. corporations moving forward.

The Bush administration recently announced a new illegal immigration initiative designed to increase workplace enforcement along with penalties for employers that knowingly hire undocumented workers. Although parts of the proposal are only suggested changes at this time, the Department of Homeland Security (DHS) has released a final set of regulations for employers to follow when they receive a “no-match” letter from the Social Security Administration. A “no-match” letter is sent to employers when a discrepancy is found between a provided Social Security number and an employee’s name. Under the rule, if the mismatch is not resolved within 90 days and employment of that individual continues, then the U.S. Immigration and Customs Enforcement (ICE) can penalize the employer as they knowingly continued to employ an unauthorized worker. Fines for these violations are likely to increase up to 25 percent.

Many feel this increased enforcement measure issued directly from U.S. Homeland Security Secretary Michael Chertoff and the Bush administration is an effort to revive the comprehensive immigration reform discussion within Congress. According to government statistics, approximately 4 percent of the 250 million wage reports received every year do not match the SSA records. A significant economic impact is likely especially within industries that hire large numbers of immigrant workers. As employees are released due to non-matching data, employers are left without a supplemental workforce to refill these positions.

As stated by Chertoff, “Ultimately, the solution for the problem of filling that gap is a solution that requires congressional action, in terms of temporary work requirements, in some way to meet these labor needs.” A revised foreign worker program as proposed in the recent Comprehensive Immigration Reform legislation would provide employers with the legal workforce they need to remain competitive. The increased enforcement arm of the process has begun. As employers feel the impact, additional pressure on Congress is likely to revitalize the reform debate.

Although widely recognized as a broken system, the Senate failed on Thursday to address an issue critical to the American people and to take the actions necessary to correct the current state of immigration in the U.S. A procedural vote that would have moved Comprehensive Immigration Reform legislation to a final vote for passage garnered 46 votes, 14 shy of the 60 required to close debate on the highly contested legislation. Although many hoped that the Senate would come together to support a bi-partisan solution, elected officials backed away from a resolution that would have begun to address the 12 million undocumented workers in the U.S. along with increased border security and a much needed employer verification system.

Senator Ted Kennedy (D-Massachusetts), one of the key architects and most out-spoken proponents of the legislation, highlighted the progress that has been made on this issue over the past 2 years and stressed the inevitability of change. “You cannot stop the march for progress in the United States,” said Kennedy. Added Senator Charles Schumer (D-New York), “A country loses some of its greatness when it can’t fix a problem that everyone knows is broken. And that’s what happened today.”

While the comprehensive package bill has been removed from the Senate floor at this time, many expect pieces of the legislation addressing the skilled labor shortage, border security, agricultural workers and worker verification to resurface as individual items in the coming months. The House has also remained separated from this specific bill and the possibility does exist that they will pick up the issue and push to succeed where the Senate failed – in representing the American people.

A bi-partisan amendment to the pending immigration reform bill addressing the contested worker verification program has drawn a strong response from the Bush administration. The amendment aims to reduce the burden placed on employers during the verification process including the reduction in requirements to verify that all their workers are legal. The proposal would allow employers to focus on new employees and those targeted for verification by the Department of Homeland Security. It would also remove the requirement for a federally standardized and tamper-proof “REAL ID” to be produced prior to employment allowing workers to continue to use a driver’s license or a basic ID card.

Homeland Security Chief Michael Chertoff came out strongly against the amendment claiming it eliminates the tools necessary for enforcement of reform legislation opening the door for employers to continue hiring undocumented workers. Although labor groups and businesses are unhappy with much of the proposed verification program, it is also a key measure needed to maintain Republican support of the overall immigration reform proposal.

Following a motion by Senate Majority Leader Harry Reid made on Wednesday that would allow him to overcome a possible filibuster, it appears that the bill may be reintroduced sooner than expected with a possible vote today to re-open debate. It is widely expected that the proposal will eventually reappear on the Senate floor prior to the July 4th break. The bi-partisan amendment above is one of 24 that will be considered when debate reopens. Following the President’s endorsement last week of an amendment funding additional border security, some Republicans previously skeptical of the security measures included may now be in support of the highly-debated legislation.

Following a visit to Capitol Hill on Tuesday and continued vocal support, President Bush endorsed a significant amendment that would lock in additional funds for increased border security. Tied in with reports that the bipartisan group of Senators responsible for the recently debated immigration reform bill had continued closed-door discussions throughout the week, the bill is expected to resurface on the Senate floor possibly as early as the end of next week.

On Thursday, President Bush announced his support for a provision that would immediately provide $4.4 billion earmarked for border security and workplace enforcement. These funds would be pooled from immigration fees and penalties currently collected and would ensure that security concerns would not be affected by yearly budget negotiations. This move is expected to help Bush add Republican supporters for the immigration reform legislation which many feel he is approaching as the center-piece of this second term.

Following Bush’s announcement regarding the budget increase, a tentative agreement was reached among the key architects of the bill to reintroduce the proposal for debate in the coming weeks. Although not fully disclosed, it has been reported that debate in the Senate would be limited to 20 amendments eliminating the ongoing deliberations that initially prompted Senate Majority Leader Harry Reid, D-Nevada, to pull the bill from the floor late last week.

The Comprehensive Immigration Reform legislation suffered a setback on Thursday failing to garner support from a majority of Senators to limit further debate and move to vote for final passage of the proposal. Supporters tallied 45 votes for the procedural measure to speed the bill forward, 15 short of the 60 votes needed to move to a final vote. 50 senators voted to continue debating additional amendments to the bill.

After a tumultuous week in the Senate, the push for the procedural vote was led by Senate Majority Leader Harry Reid, D-Nevada. After failing the procedural vote, Reid proceeded to pull the bill from the floor. Although the Senate calendar is full over the coming weeks, many expect the bill to re-appear following further discussions behind closed door to re-align a consensus. According to Senator Kennedy, D-Massachusetts, one of the leading architects of the bill, “Doing nothing is not an alternative. This issue isn’t going away”. Added Senator Arlen Specter, R-Pennsylvania, “I believe that we will yet succeed”.

Following the initial bi-partisan “grand compromise”, intense debate and ongoing amendments to the proposal began to transform the tentative balance among the supporters from both parties. Republicans pushed for further border security measures and a tougher legalization process for undocumented workers already in the U.S. Democrats were also growing unhappy with portions of the bill fearing the creation of a lower class of temporary worker and limitations on the value of family ties for future immigrants.

All but seven Republicans voted against ending debate including Senator Jon Kyl, R-Arizona, a leader in drafting the compromise, who felt that further discussion and amendments to toughen security measures warranted continued debate. Only 11 Democrats votes against the procedural measure even though many felt aspects of the legislation could be improved.

Although the proposal is off the Senate floor for now, the raised profile of the issue and necessity of a solution will likely lead to its reappearance in the coming weeks. According to nonpartisan study conducted by the Pew Research Center from May 30 through June 3, nearly two-thirds of the American public favor an immigration reform bill providing a path to citizenship for the undocumented immigrants currently in the U.S. granted they have jobs, pass a background check and pay the necessary fines.

The Senate will resume consideration of their bi-partisan immigration reform bill on June 4th after a week of heated discussion from both parties during a congressional recess. Both Republicans and Democrats have been critical of the bill and many have been voicing their concerns. Some Republicans are unhappy with the appearance of granting amnesty to those undocumented individuals who would be given a path to legal citizenship. Democratic opponents are unhappy with the high fees and penalties included in the proposal along with the shifted focus away from family ties. A number of pending amendments are up for debate as the proposal continues the journey through Senate deliberations.

Earlier in the week, President Bush spoke in Georgia at the nation's largest training center for law enforcement emphasizing the increased security measures that are also included in the bill. The proposed changes are contingent on initial "triggers" that must be met before the legalization and guest worker programs go into effect. These include increased fencing along the Mexico border, the hiring of more Border Patrol agents and the implementation of an enhanced identification system to verify employment eligibility.

In addition, President Bush pushed for those critical of the bill to look at the larger issue rather than focusing on the smaller sections and knit-picking for political gain. He used the opportunity to call on elected officials to "show leadership and solve this problem once and for all."

Immigration reform took a step forward on Wednesday as the Senate voted 69-23 to move the bill the floor for further consideration and debate. To reach this stage, the proposal had to initially move past an attempted filibuster by some Senators who felt the proposed legislation required further review at the committee level before moving forward for consideration by the full Senate.

Later the same day, the first major amendment to the bill was also passed as the Senate voted to reduce the number of temporary worker visas available through the proposed guest worker program from 400,000 to 200,000. This amendment was introduced by Senator Jeff Bingaman (D-New Mexico) following an initial amendment proposed on Tuesday that would have eliminated the guest worker program completely was dismissed.

Some opponents of the guest worker program feel the reduced number of guest workers provides an initial starting part for the unproven program and will allow for review on the impact on other wage rates in the U.S. Many in favor of the guest worker program, including Senator Arlen Specter (R-Pennsylvania) have stated that the 400,000 figure was decided upon after analysis and research by prominent economists and fear that the economy may be negatively impacted through a reduction to the available labor pool in sectors that have functioned through a strong immigration contribution.

A bi-partisan group of Senate leaders introduced a comprehensive immigration reform bill on Thursday following three months of negotiations. If passed, the proposal would give immediate work authorization to undocumented workers that had entered the U.S. prior to the January 1, 2007 through a new “Z” visa category. Applicants would have to pay a $5000 penalty and heads of households would have to return to their home country within an eight year window and re-enter the U.S. This would provide the much anticipated path to legal residency for the millions of undocumented citizens currently in the U.S.

Additional provisions address the security measures crucial to garnering Republican support for the bill including doubling the number of Border Patrol agents, increased border fencing and significant penalties for employers who hire undocumented workers.

Once the security enhancements are in place, a guest worker program would be introduced through which 400,000 temporary workers would be granted a “Y” visa. This new visa would be valid for a two year period and require the worker to return to their home country for a year before re-entering the U.S. for an additional two-year work period. Outside of the temporary work option, there is little opportunity going forward for those participating in the proposed guest worker program to gain permanent legal status according to the current Senate bill.

A crucial point of compromise was reached regarding a new “point system” that would prioritize education and skill level over family ties for preference when issuing green cards. This directly addresses the “chain migration” issue recently raised by Republicans. Democrats counter that this revision to the current green card system will separate families going forward although the proposal does still allow for spouses and minor children of U.S. citizens to qualify for a green card.

Expected to gain the President’s approval is passed through Congress, the bill is going to the Senate floor next week for debate. If passed, it will then move to the House where House Speaker Pelosi has stated that she will not bring the issue to debate unless the President can deliver a minimum of 70 votes in favor of the bill.

Senate Majority Leader Harry Reid, D-Nevada, has set this Wednesday as a tentative date for a vote regarding an alternative immigration reform plan. A number of parties have been involved in recent closed-door sessions including bi-partisan Senate leadership and White House representatives working to reach a compromise on a revised version of the bill that worked through the Senate in 2006.

If a bi-partisan plan is not introduced by Wednesday, Reid may re-introduce last year’s bill to keep the process moving forward. Some feel a more strategic approach would be to allow the current talks to continue rather than push the issue. A consensus seems to have been reached on the broad principles with a potential compromise joining key elements of the 2006 Senate plan with tougher security measures and penalties that would increase Republican support.

With hearings set to begin on May 14, the Senate and the White House have been working to finalize their proposals and appease conservative critics opposed to earlier bills while retaining the necessary Democratic support. Key conservatives feel previous plans have been too lenient on undocumented immigrants currently in the U.S. and also lacking the necessary security measures. Although specifics have not been released, the White House is working to address concerns that a path to legalization will be too forgiving and are considering a 13 to 18 year process for amnesty. In addition, they are also developing a more stringent merit system as a deterrent to “chain migration” in which entire families relocate to the U.S.

The White House and Homeland Security Secretary Michael Chertoff have been in discussions with conservative Senator Jon Kyl of Arizona with the hopes that his support would win the administration a majority of Senate Republicans. Senator Edward Kennedy and the Senate Democrats are facing pressure from immigrant-rights groups and are consider pulling away from White House proposal in favor of their own bill. The two different approaches threaten to split the bi-partisan approach that has driven the immigration reform discussion with the Senate debate scheduled to begin in under 2 weeks.

A recent survey conducted by Quinnipiac University in Hamden, Connecticut, shows that 69% of Americans support a guest worker program designed to allow undocumented foreign workers lawful employment in the U.S. In addition, the same percentage also supports a path to legalization for undocumented workers to eventually gain U.S. citizenship over years in the guest worker program. According to the study, support for a worker program is almost even across political party as well. Democrats support the program 73 percent to 23 percent; Republicans back it 66 percent to 31 percent; and independents support it 71 percent to 24 percent, the survey finds.

Close to the same percentages, however, also feel significant improvements are needed in border security. Only 24% of respondents feel the plan to build a 700-mile fence along the border with Mexico is sufficient, and 71% agree that additional steps are necessary to reduce the number of illegal immigrants entering the U.S. Overall, the study seems to support the growing consensus that immigration reform is an issue that stretches across political party lines that requires a swift and workable solution.

Following the introduction of the bipartisan STRIVE Act by the House, additional approaches have been mentioned and discussed in recent days by both the White House and members of the Senate although no formal release has been made.

The STRIVE Act proposes a new-worker program and a possible path to citizenship for the millions of undocumented workers currently in the U.S. Undocumented workers could remain legally for up to six years if they pay the required fines and continuously hold employment.

President Bush has referenced components of a new reform proposal including two year temporary worker visas that could be obtained with fees possibly as high as $17,000. He recently provided more detail regarding the border security issue including the implementation of advanced technology security measures and expanded detention facilities; however, additional details on the temporary worker program have been limited. The White House proposal is only a draft at this point and many revisions are still likely before a formal plan is introduced. This proposal attempts to appeal to both pro- and anti-immigration groups and, as a result, seems to have no real supporters outside of the White House.

A joint Senate bill is also still in the works with efforts being led by Edward Kennedy. This is a follow-up to the bill introduced by Senators Kennedy and McCain last year. Although McCain has recently pulled out of the proceeding as he focuses his efforts on the Republican Presidential nomination, many still feel this proposal, when introduced, will have the best chance of passing.

With Senate planning hearings scheduled for May, many in Washington feel the President needs to push the issue to gather the necessary support to pass legislation.

Both Democratic and Republican members of the House of Representatives stood united on Thursday to introduce the STRIVE Act of 2007. Standing for “Security Through Regularized Immigration and a Vibrant Economy”, the STRIVE Act was introduced by Representatives Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) along with other leading House members from both parties. The bill restarts the comprehensive immigration reform legislative process that has been on hold since the 2006 proposal (S. 2611) passed through the Senate. Including an expanded worker visa program and the opportunity for earned citizenship, the STRIVE Act also sets border security requirements that must be met before the expanded visa program and legalized citizenship are enacted. The new worker and citizenship provisions are also dependent on the implementation of the first phase a new Electronic Employment Verification System requiring the participation of critical infrastructure employers. To read an overview of the bill, click here.

Citing a change of general opinions in Congress, President Bush has once again stated his full support of comprehensive immigration reform legislation. During his recent trip through Mexico and discussions with Mexican President Felipe Calderon, President Bush stated a noticed change among Congressional opinion from skepticism during last year’s initial immigration reform discussions to one of recognition that a change is both inevitable and in U.S. interests. "I will work with Congress, members of both political parties, to pass immigration law that will enable us to respect the rule of law -- and at the same time, respect humanity," Bush said in a news conference with President Calderon. Bush said he still expects an immigration bill to pass through Congress in 2007 although some resistance is expected from the conservatives within his party.

The recent Senate Judiciary Committee chaired by Patrick Leahy pushed for a commitment from current administration officials on immigration reform. Both Homeland Security Secretary Michael Chertoff and Commerce Secretary Carlos Gutierrez testified before the committee restating the administration’s hope for a guest-worker program. One component missing, however, was any discussion of a full path to citizenship for those undocumented immigrants currently in the U.S. The President has recently focused his statements on the guest-worker solution and shied away from the full citizenship alternative. Some feel this may be tied to a fear of further alienating an already disheartened conservative base which is more accepting of the guest-worker option presented within possible comprehensive immigration reform legislation.

Following President Bush’s continued public statements of support for comprehensive immigration reform, the Senate Judiciary Committee will push the issue this week with the hopes of a confirmation that the President wants the legislation addressed this year. Committee Chairman Patrick Leahy is looking for a commitment from administration officials on a timetable to further establish immigration reform as a priority and ensure they take an active role in the legislation. Commerce Secretary Carlos Gutierrez and Homeland Security Secretary Michael Chertoff will both testify at the hearing. As the Senate begins the process of developing bipartisan legislation, Chairman Leahy hopes the confirmation from the administration will lend additional support to the issue among Republicans on Capitol Hill who have felt left out of recent discussions. In addition, Democrats want to ensure the White House is involved so all will share in any criticism created by the legislation.

Increasing awareness of the need for comprehensive immigration reform has begun to trickle down past the federal level and is making an impact on state and local lawmakers as well. The explosive growth of the immigrant population in recent years has forced politicians at all levels of government to take notice especially those with a large immigrant constituency. The 2006 Congressional debates on a guest worker program brought national attention to an issue that had long been a critical topic among those the pending legislation will directly affect. Expected to provide a path to legalization for an estimated 9.5 million undocumented immigrants in the U.S., proposed revisions will likely include an expanded scope of legal channels for current undocumented workers to gain legal work status. With such a significant portion of the population impacted, politicians at both the state and local level are expecting this issue to continue to grow in prominence until a workable solution is in place.

Comprehensive immigration reform was among the topics presented by President Bush in his sixth State of the Union address. Focusing on domestic issues and a new level of cooperation among the political parties, Bush reiterated the importance of his temporary worker program to establish a path for undocumented workers already in the U.S. to gain legal employment status. In addition, the program would also create a new process for foreign workers to enter the country and work on a temporary basis. The President’s plan was well accepted in the Senate last year, however, opposed in the House by conservative Republicans. With the newly Democratic House, many expect immigration reform legislation to be passed by mid-summer.

The new 110th Congress recently convened to kick off 2007 and Democrats in the Senate wasted little time introducing 10 new bills focused on key goals for the coming year. One of these bills, S.9, deals with immigration reform. A source on Capitol Hill indicated they are confident the bill will move through the Senate although some question still remains regarding how conservative Democrats will side in the House. That being said, many in Washington are confident immigration reform will happen this year and feel mid-summer is a realistic expectation for legislation to pass through Congress.

Leaders of both Congressional parties seem to feel that the recent change in power bodes well for the passing of immigration reform legislation.  After President Bush’s immigration reform proposal was blocked last year by the Republican-controlled House, many expect Bush to find a more receptive audience dealing with Democrats on the immigration front.  Divided government power allows both parties to share the responsibility for major shifts in policy on controversial issues alleviating any direct finger pointing at a later date.  President Bush has been in favor of a guest worker program for some time and the issue may serve as a starting point for a cooperative relationship between the newly elected Congress and the President.

It was a historic day on Capitol Hill as Democrats elected the first woman speaker of the House. Nancy Pelosi took the reigns of the 110th Congress on Thursday, January 4th, with high expectations following the shift in the balance of power following the 2006 elections. Although most of Thursday’s events were ceremonial, the Democrat’s agenda for the coming weeks includes a number of crucial issues. Among those at the top of the list are a new direction in Iraq, ethics regulations within Congress and comprehensive immigration reform.

Immigration reform was a hot issue in 2006 and will remain a crucial topic in Washington until a workable solution is in place.  With Democratic leadership taking control of Congress, a broad collation of civil rights groups, labor unions and business organizations will continue to push for reforms that will grant legal status to undocumented immigrants currently in the U.S.  Along with the incoming Congress, the White House may also be looking for issues that both political parties can agree on to start the upcoming sessions on the right foot.  In addition to the developments expected in the House, incoming Senate Majority Leader Harry Reid has stated his intent to introduce legislation including a plan to provide millions of illegal immigrants a chance for legal citizenship as one of his top 10 priorities for the new Congress. This bill would likely be similar to the bipartisan bill passed in May by the Senate.

While comprehensive immigration reform was not included in the agenda of the first 100 hours for the 110th Congress, it will likely be included within the first 100 days.  If they plan to address and revise the current immigration system, the initial discussion should be scheduled within the agenda during this time period.  Multiple advocacy groups have begun campaigns to promote their key priorities among the House and Senate leadership.

Speaker of the House Nancy Pelosi and President Bush vowed cooperation over the next two years on a number of issues crucial to the American public during their recent post-election luncheon.  Included on this platform is comprehensive immigration reform. Both the White House and congressional Democrats share interest in finding common ground on overhauling the immigration system. Many feel the two sides will reach an agreement on an immigration bill that includes both stricter enforcement measures and a guest-worker program.

With the recent shift of power in the U.S. Congress, pending immigration reform legislation has moved to forefront of the political agenda. The pending legislation includes a process for the legalization of the millions of undocumented immigrants in the U.S., a temporary worker program and improved verification processes for employers. Proposed revisions would include an expanded scope of legal channels for current undocumented workers to gain legal work status within the U.S.

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• "VISANOW Advises HR Execs on Pending Immigration Reform" - Press Release