IMMIGRATION
US Senators Reach a Compromise on Immigration Reform
Legislation
By James E, Root
On March 27, 2006,
after the U.S. Senate Judiciary Committee approved
its version of the Comprehensive Immigration Reform
legislation it was delivered to the full U.S. Senate
for consideration. On April 6, 2006, both Senate
Democrats and Republicans reached a “breakthrough
compromise” under pressure by the President
and other influential constituents who wished to
complete immigration reform legislation before the
U.S. Senate went into its spring break recess for
two weeks. The Senate compromise legislation provides
for enhanced border security, regulates the flow
of future immigrants into the United States and
settles the legal fate of the estimated 11 million
men, women and children that are already in the
country unlawfully.
While details of the compromise have yet to be finalized,
among other provisions, it divides the current undocumented
population into the following three categories,
based on their period of residence in the United
States:
•Those individuals who have been here and
working for more than 5 years would be eligible
for earned permanent residence and ultimately citizenship,
which would involve a 6-8 year prospective work
requirement, a clean record, English language study,
and the payment of significant fines and back taxes.
•Those who arrived less than 5 years ago but
before January 7, 2004 would be required to pay
fines and, within three years, would be required
to leave the country and reenter in a temporary
status. Upon reentry, these individuals would have
ability to change employers provided they remain
employed and could apply for permanent resident
status after the first category of undocumented
workers completed their processing.
•Sadly, last group of undocumented workers,
those who arrived after January 7, 2004, would be
required to leave the U.S., but they would be permitted
to apply for the new temporary worker program subject
to the numerical limitations.
At this point, it is not clear how difficult it
would be, particularly for those in last category,
to get immigration visas to return to the United
States.
This compromise legislation modifies the Guest Worker
Program and the Conditional Nonimmigrant Worker
Programs. At this point, we are still waiting to
see what the full text of this Senate compromise
immigration reform legislation will contain.
In the mean time, the immigration reform legislation
currently favored by the House of Representatives
is almost completely enforcement based and advocates
among its stringent provisions mass deportation,
non-compliance penalties and building of a wall
along the U.S. and Mexico border.
What you must keep in mind, however, is that although
this compromise is quite significant, once the full
U.S. Senate approves this bill it must still be
reconciled with the “enforcement-only”
bill passed by the House of Representatives last
December. In other words, this Senate compromise
legislation must next be approved by the House/Senate
conference committee by a 2/3 majority, before it
can be presented to President Bush for signature.
Then and only then will this legislation become
law.
(Mr. James E. Root devotes his legal practice exclusively
to Immigration law. He has offices in the Los Angeles
and Orange Counties. For more information and/or
confidential legal consultation please contact Mr.
James E. Root at 1(888) ROOT-LAW or visit his website
at www.RootLaw.com.)
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