September 2009


The IR Insider

Milestones

New IR Judiciary Subcommittee Hearing Scheduled 

Recent Developments

Healthcare Reform Derailed

New Study: Immigration and American Jobs Disconnect

America still Deemed "Land of Opportunity"

Monthly Spotlight

Kennedy’s Immigration Legacy

 


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The IR Insider


VISANOW's IR Perspective
By Robert Meltzer, CEO VISANOW [Bio]

There are currently 46.3 million uninsured people in the country, of which 6.6 million are illegal immigrants. You may wonder why I am quoting healthcare related statistics in an immigration reform newsletter. It is because the misconceptions between IR and healthcare reform continue (as highlighted last month). Constantly fueled by IR critics, misconceptions are starting to derail both IR and healthcare reform constructive efforts, as illustrated by the hard line stance on illegal immigrants in the Baucus healthcare bill currently being debated in the Senate. Also, as healthcare reform is currently delayed, it is likely that the timing and passage of IR will also be affected. Further, I cite these figures to give a sense of the number of illegal immigrants versus Americans who are uninsured. Clearly, the majority of those without health insurance are Americans, meaning that the exclusion of illegal immigrants will not solve all of our healthcare woes.

Most likely prompted by IR opponents, the latest Baucus healthcare reform bill takes a hard line against illegal immigrants. The most ominous point included in the bill is that illegal immigrants would not be allowed to purchase health care insurance. Not allowing individuals to purchase healthcare insurance based on their lawful status in the U.S. cannot possibly promote any reasonable public interest. In order to mollify straight line anti-immigrant sentiment we will only be placing those particular individuals, as well as, ourselves at significant health risk. Further, in regards to the affordability credits, it is inconsistent that the income of illegal immigrants would be included in the calculation to determine the affordability credit, but they would not be eligible to reap the credit benefits because of their illegal status. These are just a few of the discrepancies in the new bill. As the bill is currently under debate, several illegal immigrant related amendments will be considered for the revision and will hopefully prompt the Senate to re-address the treatment of illegal immigrants in regards to healthcare reform. See story below – Recent Developments – Healthcare Reform Derailed for a more detailed look at the Baucus bill and the treatment of illegal immigrants.

Partly due to delay with healthcare reform, IR timing may also be slipping. Other contributing factors include Sen. Schumer [D-NY] reneging on his promise to have a bill by Labor Day. He has not publically announced a new date, but the rumor is that the new timing could be around Spring 2010. Also, there is a trend of Sen. Schumer’s IR Judiciary Subcommittee hearings being deferred (one cancelled entirely and the most recent one postponed with no new date proposed). While the timing outlook is not optimistic (Congress is set to disband early October for the rest of the year), the IR commitment in Congress has not wavered. Luis Gutierrez (D-IL) has recently vowed to introduce a progressive comprehensive immigration reform bill in House by October 13.

In spite of the current IR/healthcare political tanglement, hopefully Congress will move on to constructively develop and implement IR – giving Americans the reform they desire, permitting illegal immigrants a chance to attain the American dream they crave (See story below – Recent Developments – American as the Land of Opportunity still Reality) and allowing Sen. Kennedy’s lifelong legacy and dedication to IR to live on (See story below – Monthly Spotlight – Kennedy’s Immigration Legacy).

Robert C. Meltzer
VISANOW
Chief Executive Officer

Robert C. Meltzer, Esq. has been practicing immigration law for 24 years. He is an author, lecturer and an Adjunct Professor of International Law at Illinois Institute of Technology, Chicago-Kent College of Law. Meltzer has long been an immigration reform advocate and is very involved in local lobbying efforts in Chicago.

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Milestones


New IR Judiciary Subcommittee Hearing Scheduled
Sen. Schumer [D-NY] will preside over the fourth hearing in the “Road to Comprehensive Immigration Reform in 2009: Clearing the Hurdles” series on September 29 entitled “Comprehensive Immigration Reform: Faith-Based Perspectives.” However, only time will tell if this hearing will be held. If cancelled or postponed, this may be reflect a continuing trend of deferred IR hearings.

The suspension of IR hearings may be trending as the last two hearing of the IR series have either been postponed indefinitely or cancelled. “Comprehensive Immigration Reform: How the Current Immigration Law Negatively Impacts America’s Agricultural Industry and Food Security,” was to be held on September 22 has been postponed with no reschedule date mentioned. Also, “Comprehensive Immigration Reform Roundtable: Employment-Based Immigration to Propel America’s Economy While Protecting America’s Workforce” (supposed to be held August 8) was cancelled and has yet to be re-scheduled.

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Recent Developments


Healthcare Reform Derailed
Illegal immigration continues to be a point of contention within the healthcare reform debate and the proposed Affordable Health Choices Act of 2009 and the Baucus bill. Will illegal immigrants cost Americans more with healthcare reform? Will healthcare reform cover illegal immigrants? If not, what control mechanisms are in place to enforce this policy? These are just a few IR questions that have overtaken the healthcare reform debate. Fueling the fire behind the debate even further was a Republican Senator’s outburst during President’s Obama’s latest healthcare reform rally speech.

The Affordable Health Choices Act of 2009, the House of Representative’s healthcare reform bill was introduced on July 14, and has been under fire since in regards to the inclusion of illegal immigrants. The Congressional Research Service prepared a report for Congress, analyzing the health bill in regards to non-citizens and found the following:

  • Illegal aliens who can be classified as resident aliens (meet the substantial presence test) are mandated to have health insurance, with tax penalties for noncompliance
  • A “Health Insurance Exchange” (beginning in 2013) would offer private plans alongside a public option, and provide eligible individuals and small businesses with access to insurers’ plans, including the public option, in a comparable way. The bill does not contain any restrictions on illegal immigrants to participate in the Exchange
  • Premium credits or subsidies will be instituted (beginning in 2013), based on income that can be used toward the purchase of health insurance and to be eligible, individuals must be lawfully present in a state in the U.S. (thus illegal immigrants would be barred from receiving the premium credit)
  • Medicaid will be extended up to 133 1/3% of poverty for populations that previously were not covered – meaning more coverage for those who already meet the immigration status requirements for Medicaid eligibility (current law excludes unauthorized aliens from full-benefit Medicaid coverage)

The heated debate with the House bill is that Democrats believe the language to be clear that illegal immigrants will not be eligible for benefits, while the Republicans combat that there is no mention of enforcement to prevent this usage (the Democrats had killed the amendment for the Systematic Alien Verification for Entitlements (SAVE) program, a verification system currently used by the government).

Supporters were not able to convince critics of the disconnection between healthcare reform and IR, despite repeated assurances that illegal immigrants would be excluded from any subsidized benefits under proposals before Congress. Critics still not convinced continued to derail healthcare reform. Most notably is Sen. Joe Wilson’s [R-SC] outburst during Obama’s primetime address to America and Congress, accusing him of lying about the coverage illegal immigrants would receive under the healthcare reform bill.

The Senate version of the healthcare reform bill was released by Max Baucus [D-MT], Chairman of the Senate Finance Committee, last week. The bill was developed by a bi-partisan group of six senators, which includes stricter terminology surrounding healthcare in regards to illegal immigrants:

  • Participate in the Health Insurance Exchange will require citizen verification
  • Citizenship verification would also be required before receiving health care credits/subsidies, through a check of Social Security numbers and/or the Department of Homeland Security (DHS) records
  • Credits/subsidies would be denied to anyone whose legal resident status is set to expire in less than a year

The Chairman’s mark up of the Baucus bill began Tuesday (9/22), allowing testimony and amendments (more than 500) to be proposed to the original plan present by Baucus and the Finance Committee. Immigration related issues will also be discussed as critics and supporters are already lining up on both sides of the issue – Sen. Robert Menendez [D-NJ] a member of the Finance Committee commented that he will withhold his support from the bill until the immigration matters are settled.

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New Study: Immigration and American Jobs Disconnect
A new Center for Immigration Studies (CIS) survey “Jobs Americans don’t want to do,” highlights the disconnection between immigration and unemployment. The study shows that contrary to mainstream beliefs jobs typically thought to be unacceptable or too physically demanding often passed up by Americans are actually filled by native-born Americans. This is especially contentious at the moment because of the recession and lack of jobs.

As originally highlighted in the June issue, one public perception is that immigrants take job opportunities from Natives, but this study highlights the opposite to be true. The study looked at over 450 civilian occupations, and found the perception to hold true for only four occupations: plasters/stucco masons (56% immigrants), graders and sorters of agricultural products (54%), personal appearance workers (53%) and tailors/dressmakers/sewers (51%). Conversely, many occupations such as maids/housekeepers, taxi drivers/chauffeurs, construction laborers, and janitors, which are typically thought to be immigrant dominant and shunned by Americans are actually
filled by a native majority.

Thus, this study sheds light on the misconception that immigrants are taking job opportunities from Americans and shows that only 1% of the occupations researched were actually filled by an immigrant majority.

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America still Deemed "Land of Opportunity"
A recent study by Public Agenda, a nonpartisan public policy research organization, finds that immigrant groups still believe that America is the land of opportunity and are committed to becoming U.S. citizens. This is good news for advocates fighting for IR, because it shows the desire of immigrants to become a legal citizen, contribute to American society, and someday achieve the ubiquitous American dream. Ultimately, the survey fuels the needs and desire for IR from the immigrant perspective.

Released early September, the Public Agenda study tracks immigrant attitudes and is a follow up from a 2002 survey. The study shows that 7 out of 10 immigrants surveyed intend to make the U.S. their permanent home. Further, the U.S. was rated by the majority to be a better place to live than their birth country because: ability to earn a good living (88 percent), trusted legal system (70 percent), good health care available (67 percent), good education system (62 percent), good place to raise children (55 percent) and free speech (55 percent). Top reasons why immigrants (among permanent residents) desire to become U.S. citizens are to have equal rights/responsibilities (80 percent) and the right to vote (78 percent).

This survey shows the desire of immigrants to become citizens and illustrates why IR advocates are fighting for reform and a platform to allow the illegal or undocumented a path towards citizenship. Only IR would allow these immigrants the same chance that we or our ancestors before us had to attaining the ultimate American dream.

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Monthly Spotlight
 


Kennedy’s Immigration Legacy
The godfather of immigration. The mighty immigration hero. Sen. Edward “Ted” Kennedy, who recently passed away on August 25, will be remembered for all of his dedicated efforts during his Senate tenure, but these designations truly portray his lifelong work on immigration. The youngest brother of President John F. Kennedy and Sen. Robert F. Kennedy, Ted Kennedy will long be remembered for laying the foundation of the modern-day immigration system.

Since the 1960s, Kennedy began his immigration crusade, only three years after being elected into the Senate. While not exhaustive, key immigration issues driven by Kennedy include:

  • Immigration and Nationality Act of 1965 - a bill to eliminate the immigration quota system, which made it virtually impossible for anyone except those from Western Europe to immigrate to the USA. The bill successfully ended the quota system based upon national origin and opened U.S. immigration for Latin American and Asian immigrants.
  • Immigration Reform Act of 1986 – successfully passed legislation that granted amnesty to an estimated 2.7 million illegal immigrants and established penalties against employers who hired illegal immigrants. This act marked the start of work status verification, leading to the current I-9 process.
  • Immigration Act of 1990 – a bill successfully passed that allowed easier immigration for immigrants and more high-skilled workers, which increased immigration quotas to reunite families in the U.S. and meet economic needs. Further, the bill included the creation of the Temporary Protected Status (TPS), which allows those fleeing oppressive governments or natural disasters temporary shelter in the U.S.
  • Comprehensive Immigration Reform of 2006/2007 – Sen. Kennedy led campaigns to reform the immigration system twice, but legislation was never passed halted by the House of Representatives in 2006 and the Senate in 2007.

Sen. Kennedy was not able to get involved in the current 2009 IR efforts with the 111th Congress, as he was diagnosed with a terminal brain tumor in 2008 and decided to focus his last efforts on healthcare reform.

Ultimately, as one of his personal crusades, Sen. Kennedy single-handedly opened the immigration gates of the U.S. forever altering the nation’s demography. While the foundation of the immigration system build by Sen. Kennedy was far from flawless due to inaccurate immigration predictions or accounting for future flow, the U.S. would not be the celebrated melting pot that it is today without Kennedy’s years of dedicated immigration legislative efforts.

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Inside Immigration Reform is published monthly by VISANOW.

VISANOW streamlines the immigration process for corporations and their foreign employees. Our superior client support and innovative technology have changed the way immigration legal services are delivered with a process that consistently delivers faster responses, provides greater access to information and increases efficiency.

Any legal analysis or comments contained herein have been provided by American Services Network, P.C. and do not constitute the provisions of legal services and, therefore, should not be relied upon as legal advice. If you believe that any of the information contained in this newsletter relates to your immigration status or to your company's immigration issues, you should consult your immigration legal services provider.

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