IndiaPost.com

New bill will radically alter immigration law
Monday, 06.11.2007, 12:04am (GMT-7)

America is a nation of immigrants and its history of admitting newcomers goes all the way back since its inception. Millions upon millions of people have been attracted to this country because it provides opportunities to anyone who works hard, regardless of race, religion or national origin.

In turn, generations of immigrants have contributed to the nation's prosperity and diversity. The United States Senate, at the time of going to press, is debating a Comprehensive Immigration Reform (CIR) measure, which will radically alter and transform the US immigration system. American immigration policy, in recent times, has been woven around primarily family unity, and secondarily around the skills of newcomers.

The new proposal will de-emphasize family unification and place more weight on the skills of potential entrants. As background, the US Immigration and Nationality Act (the INA), enacted in 1952, consolidated a number of prior immigration laws, and with its various amendments, governs present day immigration. In 1965, all racial and national origin quotas were eliminated by the US Congress.

Employment and family categories were created, which applied equally to people of all countries. In 1986, Congress passed a legalization measure granting amnesty to undocumented immigrants and also for the first time enacted sanctions against employers who hired illegal immigrants.

A decade later, in 1996, Congress passed a restrictive bill, which penalized overstayers and retrospectively made immigrants deportable for minor crimes committed in the past. After September 11, 2001, the INA was amended to enhance national security and place all immigration functions within the new Department of Homeland Security.

Unfortunately, the present immigration system has not been able to cope with present-day economic realities, resulting in an accumulation of about 12 million plus undocumented people in the US.

The 1986 amnesty only legalized the undocumented immigrants already in the country, but failed to allow new entrants with jobs or family ties to easily seek legal status. There are very few pathways to temporary and permanent residency under the current system.

Those waiting in line to legally immigrate to the United States have to wait for several years under the family and employment-based quotas. The limited number of H-1B visas, only 65,000 since 2003, has further exacerbated the situation. Foreign students graduating out of US universities are unable to obtain an H-1B visa if they secure a job offer in the US.

The H-1B visas are often used as a bridge while one is being sponsored for permanent residence. While most recognize that the current system has broken down and is urgently in need of reform to accommodate more pathways to temporary and permanent residence, there also exists a contrary viewpoint, not shared by the authors, that immigrants are not good for America as they take away jobs and could in the long term undermine the cultural and social fabric of the country.

Their proposal is to not just shut the border, but to slowly ensure that the 12 million plus undocumented people should not be rewarded for breaking the law, and should instead be deported from the country. Comprehensive Immigration Reform The impetus for CIR started shortly before September 11, 2001, but it was put on the backburner after the terrorist attacks.

Momentum again built up in late 2005, when the House passed a measure, HR 4437, which would criminalize all forms of illegal status in the United States. This led to a number of spontaneous protests from immigrant organizations and immigrants themselves. In 2006, when the protestors marched peacefully all across the country, Congress was unable to enact a bill that would comprehensively reform the system, given that the two opposing view points could not reconcile their positions.

CIR involves both enforcement measures, such as securing the border with Mexico, along with creating more options for people to reside temporarily and permanently in the United States. CIR recognizes that tougher enforcement will not resolve the problem, as illegal immigration is caused not because foreign nationals do not obey the law but due to severe limitations in quickly obtaining legal residence in the country.

CIR negotiations were again revived this year, and since May 15, 2007, the United States Senate has begun grappling with a new measure, which has been nicknamed the "Grand Bargain."

Senators from both the Democratic and Republican parties, with opposing views on immigration, along with President Bush, have managed to negotiate a compromise. President Bush badly wants an immigration bill that will secure his domestic legacy after his foreign policy debacle in Iraq.

(To be continued)

Cyrus D. Mehta & Poorvi Chothani