Equal Justice Center
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510 S. Congress Ave. Suite 206 Austin, Texas 78704 Tel. (512) 474-0007 Fax (512) 474-0008 www.equaljusticecenter.org
May 16, 2006 THE CURRENT IMMIGRATION REFORM DEBATE IN A NUTSHELL
Main Issues Being Addressed in the Current Debate in the U.S. Congress What to do about the 12 million current undocumented immigrants living and working in the U.S. What to do about the fact that new immigrants will continue to be drawn to the U.S. for the forseeable future, seeking work to support their families.
The Bill Already Passed by the U.S. House (H.R. 4437 – the ―Sensenbrenner bill‖) Takes a Purely Punitive, Enforcement Approach, e.g: Increased exclusion efforts at the border o E.g. more border patrol, walls, fences, electronic countermeasures Criminalizes undocumented immigrants Criminalizes individuals and groups who provide assistance to undocumented immigrants Deputizes untrained local law enforcement officials to enforce federal immigration laws Increases requirements and criminal penalties on employers to punish hiring of undocumented immigrants Drastically reduces immigrants’ access to the courts and right to appeal erroneous deportation orders
The Main Bill Currently Being Debated in the U.S. Senate Contains Both Constructive and Negative Provisions, e.g: Increased exclusion efforts at the border o E.g. more border patrol, partial fences, electronics; no wall Encourages local law enforcement officials to enforce federal immigration laws Increases requirements and penalties on employers to punish hiring undocumented immigrants Greatly reduces immigrants’ access to the courts and right to appeal erroneous deportation orders Creates a gradual earned legalization program for most of the current undocumented immigrants Creates a “temporary foreign worker” (“guestworker”)program for future immigrants, o Would allow them to work in the U.S. temporarily for a limited three year term, renewable for one additional three year term; o Would place these guestworkers in a semi-indentured status, with extreme dependence on their employer, with fewer labor rights than regular U.S. workers, and with limited ability to enforce those rights they do have; o Would give guestworkers the possibility of applying to start a gradual legalization process - after they have worked in the U.S. for four years.
The Position Adopted by President Bush in his May 15 Speech to the Nation The Bush position consists of general principles without the critical details Favors increased exclusion efforts at the border. o E.g. more border patrol, fences, electronics; plus National Guard troops Favors funding and training local law enforcement officials to enforce federal immigration laws Favors tightening employer requirements to verify the immigration status of workers they hire. o Legal immigrant workers would be required to carry a high-tech identification card. o Impliedly U.S. citizen workers would not be required to have the ID card o No details on how to prevent employers from discriminating against U.S. citizens who look or sound “foreign.” o No details about whether Bush favors increased criminal penalties on employers who hire undocumented workers. Favors “expedited” deportation processes (possibly means reduced due process rights and court access for immigrants?) and more detention facilities. Favors a gradual earned legalization program for current undocumented immigrants o This is a reversal from Bush’s previous position. o For the first time, Bush now rejects the hard-core position that an earned legalization program for currently undocumented workers amounts to an unacceptable “amnesty.” o President Bush did not specify crucial details about the legalization program he would favor, including who would be eligible. Favors a “temporary worker” program for future immigrants, o Would only allow future immigrant workers to work in the U.S. temporarily for a limited, unspecified period, after which the workers would be required to leave the country. o Temporary workers would be matched to willing employers for “jobs Americans are not doing.” (Suggests that workers would be indentured to their employer., but no details) o The President’s position lacks crucial details o No details about what labor rights temporary workers would have nor what ability they would have to enforce their rights. However, the workers’ temporary status alone would make them more vulnerable to exploitation than U.S.-born workers and legal immigrants. o No mention of any possibility that temporary workers could ever get on a path to earned legalization. The President appears to favor some sort of “middle ground” compromise between the Senate and House bills.