Dallas-Fort Worth Immigration Lawyer

From the Brownsville Herald comes a story about a recent USCIS proposal to require holders of old green cards with no expiration dates to turn them in and get a newer version. The stated reason for the proposal is to allow USCIS to get current personal contact information on these green card holders.

The problem for green card holders will be that this will give USCIS an opportunity to run criminal background checks, and if any minor infractions of the law are found, the green card holder could be subject to deportation. It's going to be a very tricky matter. Here are excerpts from the article:

U.S. Citizenship and Immigration Services (CIS) is considering a proposal to eliminate hundreds of thousands of green cards that were issued between 1979 and 1989.

The cards, which were issued without expiration dates, would be upgraded to store personal information electronically.

Officials at CIS say that the new cards would be more difficult to counterfeit. Like cards issued after 1989, they will expire every ten years.

"The photos on the old cards are more than 18 years old," said Sharon Rummery, a spokesperson for CIS, "and the security features are not as good." She explained that the new card includes holograms of U.S. presidents, which are difficult to duplicate.

CIS is currently reviewing comments that have been submitted in response to the proposal. As of now, there is no timeline for implementation.

If the proposal, which was issued on Aug. 22, moves forward, legal permanent residents would have 120 days to apply for new cards. Failure to comply with this would be a misdemeanor, which could result in $100 fine and/or imprisonment of up to 30 days.

Immigration attorneys are concerned about the financial burden their clients will bear if the proposal is implemented. The card costs $290 plus an additional $80 for fingerprinting and photo fees.

Permanent residents who replace their green cards will also be subject to criminal background checks. If an infraction--even one as minor as a traffic citation--is uncovered, they might be asked to provide relevant paperwork, including proof of an indictment and its dismissal.

Posted by Bob Kraft at 12:45 PM | Permalink

Today's Dallas Morning News has a thought-provoking editorial about the consequences of a new proposal to crack down on employers of illegal aliens. What would happen if 8,000,000 workers lost their jobs suddenly? Here's the editorial: 

Critics of comprehensive immigration reform often insist that simply enforcing the laws we already have would go a long way toward solving our growing illegal immigration problem.

We don't entirely disagree. We do believe strongly that a national strategy should include more than a fence along the Mexican border and deporting every person without papers, but who can be against enforcing current law?

So we were pleased to hear that the Department of Homeland Security intends to crack down on employers who hire workers here illegally with tougher rules that require firing anyone using false Social Security numbers to get work. Backing that policy will be more raids of suspect job sites.

The old employer excuse: "Hey, they had papers."

The feds' new rejoinder: "Hey, you should have known better. We sent you a no-match letter."

In short, if the Social Security Administration can't connect a number filed with it to a real identity, employers will be notified by mail. Instead of ignoring these notices, as often happened in the past, or just passing them along to the worker to deal with, employers will have 90 days to resolve discrepancies. If they can't, they must fire the worker or face a $10,000 fine per illegal immigrant.

"There are not going to be any more excuses for employers," said Russ Knocke, a Homeland Security spokesman, "and there will be serious consequences for those that choose to blatantly ignore the law."

Fair enough.

But let's also be clear about the consequences. The feds say they expect to send out 140,000 no-match letters this year, covering more than 8 million workers. We seriously doubt employers will risk $10,000 fines for the vast majority of them.

That means untold numbers of workers out of jobs. Some will go home. Others with spouses or kids in school might roll the dice and try to use those same forged documents to find another job. In the most desperate circumstances, some may even turn to crime to survive.

Imagine for a moment the increased strain this will place on our social service network - food banks, emergency health care and our already overstuffed jails. This is where "too bad for them" falls apart as a response. Everyone who pays taxes will foot the bill.

This is one reason we continue to push Congress to renew the immigration debate. A biometric ID card - close to impossible to forge - was one excellent idea that got washed away in anti-reform tide, as did a realistic guest worker program that would have given hundreds of thousands of needed workers a way to work within the law.

Targeting employers makes sense, as long as we realize who will pay the price.

Posted by Bob Kraft at 01:50 PM | Permalink

This is the official statement of the American Immigration Lawyers Association on the failure of the comprehensive immigration reform bill to pass in the U.S. Senate:

AILA Statement on Senate Cloture Vote

Cite as "AILA InfoNet Doc. No. 07062865 (posted Jun. 28, 2007)"

WASHINGTON, DC - The U.S. Senate, in failing to pass a key procedural obstacle to the passage of its immigration reform legislation, today failed not only immigrants and their families and employers, but failed the country.

Our current immigration system is badly broken. Twelve million undocumented immigrants live and work in America without any opportunity whatsoever to earn full legal status and eventual citizenship. Our borders are not secure even with an historic level of enforcement. Family and employment-based immigration backlogs grow by the hour, requiring decades-long waits in many cases. U.S. employers cannot legally hire essential immigrant workers or needed highly skilled professionals, because no system is provided to afford necessary immigrant workers legal entry. The agricultural industry is unable to find sufficient workers and those undocumented working in the shadows labor under a badly broken system. High school students who excel are barred from continuing their education because they cannot obtain legal status. Immigrants seeking to feed their families and the chance to be part of the American dream continue to die in the desert seeking entry, and detention centers that are actual tent cities continue to grow.

The Senate bill was admittedly deeply flawed. Backroom negotiations and a convoluted amendment process ensured that the bill in its current form would not have led to workable reform. But the Senate has denied the House a chance to weigh in on this pivotal national issue to try to get things right, and to pass an immigration reform bill that would serve the interests of this country and its families, its businesses, and its immigrants.

AILA will advocate vigorously to ensure that the immigration reform debate stays alive, that Senators be held accountable for their actions, and that the House move boldly to take the lead and not replicate the Senate's mistakes.

Any immigration reform bill must include the following necessary architecture for meaningful, effective reform:

(1) A clear path to lawful residence for those who come forward, pay fines, and demonstrate their commitment to become Americans by earning their status through working and learning English.

(2) A new worker program that includes labor protections, job portability, and a realistic path to permanent residence.

(3) The elimination of the existing unconscionable backlogs in family immigration, preservation of meaningful family immigration with reasonable quotas, and recalibration of our employment-based immigrant visa quotas to accommodate the needs of our dynamic and growing economy.

(4) Smart border and worksite enforcement mechanisms that protect our national security interests, while respecting civil rights.

(5) Due process and civil liberties protections that guarantee immigrants their day in court, judicial review, and a meaningful opportunity to seek waivers and discretionary relief.

The Senate bill that foundered on the Senate floor today gave the appearance of adhering to this skeletal architecture, but its content, flawed from the beginning of the process, was further compromised by harsh amendments that were supported by a majority of Senators in order to secure passage of the bill and to try to keep the legislative process moving forward.

AILA's top objections to the Senate bill included:

(1) Decimation of the employment-based immigration system through creation of a mis-named "merit-based" point system that disconnects employment-based immigration from employer sponsorship and eliminates existing avenues of migration for aliens of extraordinary ability, multinational executives, and outstanding researchers.

(2) Evisceration of family-based immigration by eliminating 4 out of 5 long-recognized family relationships that qualify an individual for green card sponsorship in exchange for a partial reduction of the backlogs in those categories.

(3) Lack of meaningful opportunities for new temporary workers to transition to permanent residence.

(4) Lack of sufficient future numbers for employment-based immigrants at all ends of the skill spectrum.

(5) Unwarranted restrictions on the H-1B and L-1 nonimmigrant visa programs.

(6) Lack of sufficient confidentiality protections for Z-visa applicants.

(7) Harsh due process restrictions that violate fundamental protections guaranteed to all persons under our constitution.

For years, AILA has been at the forefront in advocating for a comprehensive solution to the multitude of problems plaguing our immigration system. Our collective experience on the frontlines of immigration law and policy highlights the dire and urgent need for workable reform that advances the nation's economic, social, and national security interests.

AILA will do everything possible to assist and to support the Senate and the House to craft an immigration reform bill that comports with our tradition as a nation of immigrants.

###

The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

Posted by Bob Kraft at 01:53 PM | Permalink

A procedural vote in the Senate on the comprehensive immigration reform bill fell far short of passing today. The result is that the bill is probably dead for now, and likely won't return until the year 2009 -- after the November 2008 elections. At that time we will have a new President and probably a number of new Senators.

The bill was killed mostly by Republican senators worried about re-election. Their concern of appearing to be weak on illegal immigration assures we will continue with the status quo, which is essentially ignoring the illegals.

The irony of the situation is that by refusing to deal with the immigration crisis, the senators have not only guaranteed that things will continue to get worse, but they have also probably galvanized Latino citizens and ensured organized opposition to their own re-elections.

Posted by Bob Kraft at 11:43 AM | Permalink

The U.S. Senate Wednesday killed a Republican proposal to require all adult illegal immigrants to return home before they could qualify for permanent lawful status in this country.

Also defeated was a Democratic proposal to restrict lawful immigration status to those who have been in the United States for four years rather than the current provision restricting status to those in the U.S. before January 1, 2007.

Each of these amendments was designed to make the bill more palatable to conservatives who describe the currently proposed bill as "amnesty."

There are about two dozen more amendments that must be voted on before a test-vote on the entire bill, now scheduled for Thursday.

Posted by Bob Kraft at 03:33 PM | Permalink

A story in the Dallas Morning News today said the restaurant industry, or at least a sampling of it, is supporting the proposed immigration reform bill now pending in the Senate. Here are excerpts from the article:

More than 200 people attending a restaurant industry convention in Dallas this week called on Congress to take action on a stalled Senate bill that addresses illegal immigrants in the U.S.

The e-mails in support of movement on Senate Bill 1639 were sent via a political action booth at the Southwest Foodservice Expo at the Dallas Convention Center.

The restaurant industry has become heavily dependent on immigrant workers as its traditional pipeline of workers - teens and twenty-somethings - dries up.

Growth in that portion of the population has slowed, and many young workers are choosing non-restaurant jobs.

The National Restaurant Association estimates it will need an additional 100,000 workers over the next five to 10 years.

(A lawyer representing the industry) ...said his restaurant clients support the Senate bill as an improvement over the status quo.

"What immigration reform will do is help millions of industry workers, and it will help employers who are worried that they may make a mistake and could face the brunt" of enforcement action from Immigration and Customs Enforcement, he said.

(One restaurant owner) ...said he has not studied the legislation, but he hopes Congress moves quickly to enact reform.

"It needs to be resolved one way or another," he said.

Posted by Bob Kraft at 07:26 AM | Permalink

The Senate voted Tuesday to start debate again on the immigration reform bill. The vote was 64-35 to revive the bill. It still faces hurdles in the Senate, and perhaps even greater hurdles in the House.

Posted by Bob Kraft at 12:30 PM | Permalink

Debate starts up today in the U.S. Senate on the pending comprehensive immigration reform bill. U.S. News has a brief summary of the current situation in this online article. Excerpts:

Here they go again. The Senate is about to engage in another round of the seemingly endless fight over America's immigration laws. It's officially the members' second shot in the past month at pushing through a "grand bargain" piece of legislation that tries to give a little to every interest group while not entirely satisfying any of them. A compromise, they say.

The debate kicks off on Tuesday with a procedural vote just to get the full debate underway. It's been that kind of step-by-step battle all along for an unlikely trio in arms: President Bush, Democratic Sen. Edward Kennedy of Massachusetts, and Republican Sen. John Kyl of Arizona. And no one is absolutely certain the Senate will pass that first test. Some conservatives opposed to the bill say support is eroding.

If the procedural hurdles are overcome, however, the road to change there on out will be anything but smooth. It'll take a great deal of legislative handiwork and backroom wheeling and dealing to get through this week before the July 4 recess with a bill in hand. "This is a complicated bill," says Joel Kaplan, deputy chief of staff for policy at the White House. "It's taken some time for people to understand what's in there." Talk about an understatement. Cabinet Secretaries Carlos Gutierrez of commerce and Michael Chertoff of homeland security have become virtual tenants up on Capitol Hill, pushing and prodding recalcitrant senators.

The pivot points?

*The Bush administration has included $4.4 billion in border security funding as a sweetener to its Republican brethren worried about law, order, and enforcement. Whether that shifts votes remains to be seen.

*For the high-tech business community, the linchpin is an amendment pushed by Sens. Maria Cantwell of Washington and Kyl of Arizona. It would give employers more flexibility in whom they hire and would increase the number of visas for skilled workers by 40,000. The business community was opposed to the bill in its earlier incarnation, and if this amendment fails, look for high-tech corporations to back away.

*Other key issues to watch will be whether there is any sort of provision in the bill that makes family reunification a key part of immigration policy and whether an amendment passes that requires a "touchback provision" for illegal immigrants who want legal status to return to their home countries.

What all that means for the bill's ultimate fate is unclear. "There are so many moving pieces," says Kara Calvert of the Information Technology Industry Council, a Washington industry group. "So many people are reserving whether they'll vote for it."

Part of the thinking of the bill's chief backers is that they just need to get the process rolling and that once they get the debate underway in the Senate, they'll have time to renegotiate troubling pieces. Looking down the road, they think they'll buy themselves time to modify the bill in the House of Representatives--even though its fate there is especially unclear and a bloc of "amnesty"-rhetoric opponents awaits--and then even later when the House and the Senate try to come together with one piece of legislation to send to the president.

Posted by Bob Kraft at 10:46 AM | Permalink

According to a story at Bloomberg online, Texas Senator John Cornyn says "momentum is building" against the comprehensive immigration reform bill now pending in the U.S. Senate.  Here are some excerpts from the story:

The Senate will need 60 votes on June 26 to resume debate on the biggest overhaul of U.S. immigration policy since 1986. The measure, Bush's top domestic priority, would create a guest- worker program and a path to legal status for 12 million immigrants in the U.S. illegally.

Cornyn cited fellow Texan Kay Bailey Hutchison, as well as Saxby Chambliss and Johnny Isakson of Georgia, as examples of Republicans who may have supported the measure and are now opposed. Supporters said they weren't counting on those senators to reach 60 votes.

A June 7 Senate vote fell 15 short of the total needed, with seven Republicans joining 37 Democrats and one independent to move toward final passage. Cornyn voted in opposition.

In an attempt to resuscitate the measure, Senate leaders agreed this week on a limited package of about two dozen amendments to be considered next week.

Cornyn said that isn't enough.

"This is a bill that was written behind closed doors by a small group of senators, and now it's being brought to the floor again without an opportunity to offer, freely offer, amendments and to have the kind of debate that I think this topic deserves,'' the senator said.

Cornyn said the congressional debate on what to do with the 12 million immigrants illegally in the U.S. has "fallen short'' because it has focused only on whether to give them citizenship or deport them.

The current proposal, which would let undocumented immigrants gain legal status after paying a fine, isn't sufficient punishment for people in this country illegally, the senator said. "It looks like we're selling American citizenship,'' he said.

Cornyn said the U.S. would be in "big trouble'' if failure to pass immigration legislation blocked an increase in the number of visas for skilled workers, as sought by technology companies including Google Inc., owner of the most popular Internet search engine, and Microsoft Corp., the world's largest software maker.

"This is more than just about low-skilled, relatively poorly educated individuals who are picking crops or working on construction sites,'' he said.

"This is about keeping the best and the brightest, the kind of people who train in American universities and who we end up now, under our current policy, sending home so they can compete with us and take jobs overseas,'' the senator said. "I actually would like to see us pass comprehensive immigration reform.''

With the backing of Democrats who backed the legislation earlier this month, supporters will need almost two dozen Republicans to move forward.

"We'll find out on Tuesday if there's 60 senators,'' Cornyn said. "It really changes minute by minute.''

Posted by Bob Kraft at 05:07 PM | Permalink

There's an interesting post today at the always excellent Immigration Prof Blog about the immigration reform bill being split into small pieces in the House of Representatives. I'm going to shamelessly copy the entire post, but please add this blog to your list of regulars.

House May Break Up Immigration Bill

US News & World Report summarizes much of what's happening on the immigration debate today:

The immigration bill is back, with the Senate expected to debate it over the next two weeks. Senate passage is by no means assured, but the measure appears to have a fighting chance of surviving the legislative maneuvers and counter-maneuvers expected of the next couple of weeks. Keen observers of the current debate, however, have long expressed reservations about the chance of anything close to the Senate "grand bargain" (the bipartisan legislation including both border security measures and a "path to citizenship") making it through the House. In the House, Republicans seem firmly opposed to the legislation -- while Democrats are wary of passing any immigration bill without GOP support.

But now Democratic leaders may have found a partial way out of this impasse. The Washington Times reports this morning House Democrats "say they may break the immigration issue up into a series of smaller bills that would put off the tougher parts and allow others to pass, such as border security, and high-tech and agriculture worker programs that have clear support." That "could buy Democrats more time to work out the tougher aspects of immigration, such as what to do about the estimated 12 million to 20 million illegal aliens now here, but it would go against the Senate's massive catchall approach and contradicts President Bush's call for a broad bill to pass." Click here for the rest of the story. bh

Posted by Bob Kraft at 05:09 PM | Permalink

From the New York Times Web site Thursday evening:

WASHINGTON, June 14 -- Senate leaders announced an agreement this evening to put a comprehensive immigration bill back on track for further debate and possible passage.

Senators Harry Reid, the Democratic majority leader from Nevada, and Mitch McConnell, the Republican minority leader from Kentucky, agreed on a timetable for the bill and for a limited number of amendments to be offered.

The agreement, coming after President Bush's pledge earlier today to provide $4.4 billion for border security, revives a bill that had stalled in the Senate and was all but given up for dead.

"We met this evening with several of the senators involved in the immigration bill negotiations," Mr. Reid and Mr. McConnell said in a statement. "Based on that discussion, the immigration bill will return to the Senate floor after completion of the energy bill."

The measure would tighten border security, put many of the 12 million or so illegal immigrants in the country on a path to eventual legal status and create a guest-worker program.

The additional money for border security is intended to assuage Republicans who have strongly criticized the plan as amnesty for illegal immigrants.

Mr. Reid and Mr. McConnell said they had agreed that Democrats and Republicans alike would be given a chance to further refine the bill to their liking.

Bringing as many senators as possible on board is crucial in the Senate, since 60 votes are required there to overcome procedural hurdles in order to vote on the bill itself. With lawmakers, and their constituents, wanting different things in an immigration bill, support can easily erode.

Moreover, any bill that emerges from the Senate will have to be reconciled with what the House of Representatives passes, assuming that the House passes a bill. But this evening's accord, however tentative, rekindled hopes that a bill might be approved by the full Congress this year.

The announcement followed renewed lobbying by President Bush, who is eager to have a bill overhauling the immigration system and who has been emphasizing border security in recent days. He has been doing so to appease those lawmakers who complain that the bill as it stands would grant amnesty to lawmakers, no matter what its supporters say to the contrary.

Mr. Bush's emphasis on security, backed up by his push for more than $4 billion aimed at "securing our borders and enforcing our laws at the work site," plus continuing sentiment among lawmakers to give the bill another chance, lay behind the accord between Mr. Reid and Mr. McConnell.

Only a week ago, Mr. Reid declared with some disgust, "We are finished with this for the time being." Now, things are apparently back on track, at least for the time being.

Posted by Bob Kraft at 08:25 PM | Permalink

According to press reports, President Bush has not yet given up hope of passing a comprehensive immigration reform bill this year. Excerpts from wire reports:

Speaking in Bulgaria's capital Sofia, Bush acknowledged disappointment that the legislation -- aimed at bringing 12 million illegal immigrants out of the shadows -- collapsed Thursday in the Democratic-controlled Congress.

"Listen, the immigration debate is a tough debate. I'm under no illusions about how hard it is," he told a news conference.

"There are people in my (Republican) party that don't want a comprehensive bill. There are people in the Democrat Party that don't seem to want a comprehensive bill."

But he said that he would, upon his return to Washington, get in touch with leading Democrats and Republicans who do support the legislation to get it firmly back on track.

"I'll be going to the Senate to talk about a way forward on the piece of legislation," he said.

"I'm going to work with those who are focused on getting an immigration bill done and start taking some steps forward again. I believe we can get it done. I'll see you at the bill signing."

Billed as a "grand bargain," the proposed law would grant a path to legal status for undocumented immigrants, establishing a merit-based points system for future immigrants, and create a low-wage temporary worker program.

It also envisions a border security crackdown, punishment for employers who hire illegal immigrants and an attempt to wipe out a backlog of visa applications from those who have gone through legal channels.

Posted by Bob Kraft at 11:57 AM | Permalink

According to a story today in the New York Times, the sponsors of the Senate immigration reform bill are promising to continue working on a compromise bill, even though the original bill has been pulled from the Senate calendar. Here are excerpts from the Times article:

WASHINGTON, June 8 -- The authors of a comprehensive immigration bill said today that they would try to resuscitate the measure, which stalled Thursday when the Senate refused to cut off debate, as President Bush urged senators from both parties to bring the bill back to the floor.

"We are not giving up, we are not giving in," said Senator Edward M. Kennedy, Democrat of Massachusetts, who helped write the bill in months of negotiations with the White House and a small bipartisan group of senators.

Senator Jon Kyl of Arizona, the chief Republican architect of the bill, voted against limiting debate. He said he wanted to give conservative Republicans "a little bit more time to get amendments together, to get them considered, so that we can finish the bill with an opportunity for everyone to have their say."

The president said he understood the reservations some lawmakers had. "And like many senators, I believe the bill will need to be further improved along the way before it becomes law," he said.

Mr. Bush said, as he has many times, that his administration is committed to securing the country's borders. And he reaffirmed his position that the bill, which would require illegal aliens to pay penalties and go to the back of the bureaucratic line before they could gain legal status, does not smack of amnesty.

"They will have to prove themselves worthy of this great land," he said.

Mr. Bush's remarks were in his weekly radio address, the text of which is typically released on Friday but not to be reported until his radio address the next day. Today, the text was offered for immediate release, a signal of the importance Mr. Bush attaches to efforts to revive the immigration bill.

The Senate had been debating the bill for two weeks. Mr. Kyl said he hoped the majority leader, Senator "Harry Reid, Democrat of Nevada, would allow a few more days of debate, if supporters of the legislation could agree with opponents on a list of 12 or 13 amendments that could be considered at some time in the future.

Senator Dianne Feinstein, a co-author of the bill, said talk show hosts were partly responsible for derailing it.

"I've listened to talk show hosts drumming up the opposition by using this word amnesty over and over and over again," Mrs. Feinstein said. In 15 years in the Senate, she added, "I've never received more hate or more racist phone calls and threats."

Speaking at the site of the Group of Eight summit in Heiligendamm, Germany, Dan Barlett, the White House counselor, called for action to move the bill forward. "The best way to proceed is for Republicans and Democrats to come together and vote on this legislation and then we can move it into the House of Representatives," Mr. Bartlett said.

Mr. Bush had been a strong proponent of the sweeping immigration overhaul that crumbled in the Senate on Thursday night, leaving the future of one of the administration's chief domestic priorities in serious doubt.

After a day of tension and fruitless maneuvering, senators rejected a Democratic call to move toward a final vote on the compromise legislation after Republicans complained that they had not been given enough opportunity to reshape the sprawling bill. Supporters of cutting off debate got only 45 of the 60 votes they needed; 50 senators opposed the cutoff.

"We are finished with this for the time being," said Senator Reid, as he turned the Senate to work on energy legislation.

Mr. Reid did, however, leave the door open to revisiting the immigration issue later this year and said he would continue to explore ways to advance a plan. "We all have to work, the president included, to find a way to get this bill passed," he said.

Posted by Bob Kraft at 02:56 PM | Permalink

USCIS Advises Public Regarding Immigration Fraud and Proposed Immigration Reform Legislation

This notice is to inform the public that although the U.S. Senate is debating and considering immigration legislation (S.1348), that bill has NOT passed into law.  Legislation must be passed by both the House of Representatives and the U.S. Senate, and signed by the President, before it becomes law.  Information about the legislative process is available from the Library of Congress (http://thomas.loc.gov/).

If immigration reform legislation does become law, U. S. Citizenship and Immigration Services will advise the public on how to proceed.  Until then, individuals should be cautious of any persons, organizations or businesses claiming to assist in applying for benefits under the immigration reform legislation.

- USCIS -

Posted by Bob Kraft at 09:32 PM | Permalink

The Associated Press is reporting, on the CNN Web site, that the proposed comprehensive immigration reform bill has been withdrawn in the Senate, essentially killing the bill for now. Excerpts:

WASHINGTON (AP) -- A broad immigration bill to legalize millions of people unlawfully in the United States failed a crucial test vote in the Senate Thursday, a stunning setback that could spell its defeat for the year.

The vote was 45-50 against limiting debate on the bill, 15 short of the 60 that the bill's supporters needed to prevail. Most Republicans voted to block Democrats' efforts to bring the bill to a final vote.

The legislation, which had been endorsed by President Bush, would tighten borders, institute a new system to prevent employers from hiring undocumented workers and give as many as 12 million illegal immigrants a pathway to legal status.

Senate Majority Harry Reid, D-Nevada, who had made no secret of his distaste for parts of the bill, said he would withdraw it but keep working toward eventual passage.

"I, even though disappointed, look forward to passing this bill," Reid said. But he said he needs help from the White House.

"This is the president's bill," Reid said. "... We can't do it alone over here. We need some help."

Most Republicans voted against ending debate, saying they needed more time to make the bill tougher with tighter border security measures and a more arduous legalization process for unlawful immigrants.

All but a handful of Democrats supported the move, but they, too, were holding their noses at provisions of the bill. Many of them argued it makes second-class citizens of a new crop of temporary workers and rips apart families by prioritizing employability over blood ties in future immigration.

Still, they had argued that the measure, on balance, was worth advancing.

"We can all find different aspects of this legislation that we differ with," said Sen. Edward M. Kennedy of Massachusetts, the leading Democratic architect of the bill.

Posted by Bob Kraft at 09:17 PM | Permalink

An article today on the Web site of the New York Times warns that the proposed immigration reform bill now pending in the U. S. Senate may be in trouble. Here are excerpts:

WASHINGTON, June 7 --The Senate refused at midday to shut off debate on the immigration overhaul bill and move toward a vote, leaving the fate of the legislation uncertain and setting up another, all-important procedural vote this evening.

The move to end debate was rejected by 63 to 33, so the bill's backers fell 27 votes short of the 60 needed to invoke what is known as cloture and set up a yes-or-no vote on the legislation itself.

The result was a setback not only for the bill's supporters but also for President Bush, who has made a comprehensive immigration bill one of his top legislative priorities.

Nevertheless, Senator Harry Reid of Nevada, the Democratic majority leader, scheduled another, make-or-break cloture vote for this evening. If that vote also falls short, Mr. Reid is expected to shelve the bill, meaning that changes in immigration law might not be considered again for many months.

The midday move to end debate failed chiefly because a significant number of conservative Republicans wanted more time to offer amendments to make the measure more to their liking.

Some 12 hours before the noontime cloture vote, the bill's supporters suffered a setback when the Senate voted to put a five-year limit on a new guest worker program that would be created under the legislation. By a vote of 49 to 48 shortly after midnight, the Senate approved the limit, in the form of an amendment by Senator Byron L. Dorgan, Democrat of North Dakota.

The temporary worker program is an important element of the "grand bargain" on immigration forged in three months of negotiations by a small group of senators from both parties.

If the Senate votes this evening to end debate, the bill will have cleared a major hurdle -- but by no means the last one. The House has yet to take up its version of the immigration legislation, and the issue has deeply divided the representatives. Many conservatives want to do more to restrict immigration and to toughen border enforcement. Many liberals, including members of the Congressional Hispanic Caucus, want to do more to protect immigrants' rights and promote family-based immigration. The Senate bill, which embodies a fragile compromise strongly supported by the president, would offer most of the estimated 12 million illegal immigrants in the United States the chance to obtain legal status. It calls for the biggest changes in immigration law in more than two decades.

Supporters contend that it would address the problem of millions of illegal aliens without giving them amnesty; that it will further secure the nation's borders, and that through its guest-worker program it will help immigrants and American employers. Its opponents have argued that there are far too many deficiencies in its nearly 400 pages.

Posted by Bob Kraft at 01:07 PM | Permalink

Today's Dallas Morning News has a short, but important, editorial about the proposed immigration reform bill. The editorial is directed at those who fear an influx of immigrants is a threat to American culture. Here is the editorial:

American Culture

What worries some Americans about all this immigration talk in Washington is that new waves of immigrants could so change our culture that America no longer seems recognizable. The worry is a legitimate one. Our country has always churned with change, but none of us want to lose sight of our history, ideals and customs.

Given the red-hot rhetoric surrounding the Senate's immigration bill, you may not think the proposal responds to those worries. It does, though, and in a constructive way. For example, the legislation would:

Require every immigrant who qualifies as a permanent legal resident to learn English and take civics classes before they become citizens.

The bill is very detailed about what's included in those civics classes. Immigrants must learn about the Declaration of Independence, the Constitution, the Federalist Papers, the Emancipation Proclamation, the Revolutionary War, the Civil War, World Wars I and II, major court decisions and the civil rights movement, among other parts of our national story.

They likewise must know about the founding fathers, various elected officials, scientists, inventors, equal-rights activists, entrepreneurs and artists. All of that would require a working proficiency in English, too.

Let the Department of Homeland Security constantly review and update the nationalization test and assist immigrants who want to become citizens.

We hope a large part of the money devoted to helping immigrants assimilate goes to nonprofits, churches and other nongovernment organizations. Mediating institutions, like small churches, often are in a better position to reach immigrants than the feds.

Put on the Internet a curriculum designed to teach English to those who don't know it. Nonprofits and other local groups could download it and train immigrants in English. Today, the curriculum can be expensive to purchase.

There's value in preserving America's heritage, including the use of English. The immigration bill being fought in Washington embraces that value, which is one more reason for the Senate to pass the legislation. It will ensure that our customs are passed on to future immigrants.

Posted by Bob Kraft at 01:06 PM | Permalink

The debate over the proposed immigration reform bill now pending in the Senate is heating up. Two of the organizations running TV ads now. You can visit their Web sites at Where's The Fence and Texas Employers for Immigration Reform.

Posted by Bob Kraft at 11:38 AM | Permalink

Today's issue of the Dallas Morning News has an interesting article explaining how some Texas employers are eagerly awaiting passage of new immigration reform laws. Employers hope that immigration reform will lead to a more stable legal workforce.

The article states that employers would like to see some sort of error-proof employment verification system, a tamper-proof worker identification card, and a temporary worker program set in place. Currently, the Senate is debating a proposed immigration bill that would create a temporary guest worker program. This program would make 200,000 visas available annually to foreign workers. Employers believe that a guest worker program is vital to the success of a growing U.S. economy.

Although many employers favor immigration reform, some local business groups have urged the Texas senators to suppress the bill. In fact, Senators John Cornyn and Kay Bailey Hutchinson have rejected the bill, saying that it will repeat the mistakes of the 1986 amnesty law. Although the 1986 law provided immigration benefits to millions of illegal aliens, it did nothing to curtail illegal immigration.

Many employers believe that the current employment eligibility verification system is also in need of improvement. The system checks the nine digit social security number of employees to see if it matches with wage and tax reports of federal records. However, the system does not ferret out the use of authentic social security cards, even if they are borrowed, stolen, or rented by illegal immigrations.

In recent months, several corporations and businesses have suffered from immigration raids and have been charged with violations of the nation's immigration laws. Employers state that even though they had unknowingly hired illegal immigrants, they had complied with the employment eligibility verification system, which is voluntary for employers, but did not realize they had hired undocumented workers. Even though the employer may have gone through all the steps to make sure they were hiring legal workers, the system obviously is not 100% accurate. Companies and businesses hope that immigration reform, by creating a guest worker program and providing visas to illegal immigrants in the United States, will correct the deficiencies found in the current system.

Click for a copy of the Dallas Morning News article in its entirety.

Posted by Bob Kraft at 01:37 PM | Permalink

Today's Dallas Morning News editorializes in favor of the proposed compromise immigration bill. Here is the editorial:

Good Starting Point

But immigration plan will need some work

The fact that the Senate will return to immigration this week is a political miracle of sorts. Sharply divergent points of view - and we mean really sharp - have stalled the debate for an entire year.

Thanks, however, to brutal negotiations involving the White House and dedicated senators from both parties, the Senate will start with a bipartisan bill. Deserving of Texans' thanks for renewing the debate are President Bush, who has kept the issue alive in speeches, and lead Senate negotiators Ted Kennedy and Jon Kyl.

As an editorial board that has pushed hard for immigration reform, we think this bill is a good place to begin - but with the understanding that major work is still to be done:

Border security: The plan doesn't wink at ratcheting up border security. The addition of 18,000 border agents and 70 new radar towers will help take the lawlessness out of the southern border. So will the resources to detain 27,500 aliens a day.

We have never been wild about a border fence, but the 370 miles of fencing and 200 miles of road barriers should satisfy those who think a wall will reduce the flow of illegal immigrants. In fact, border hawks should like that many security measures must be in place before a new temporary worker program starts.

Enforcing the worksite: One of the best parts is the new electronic identification system. Employers will know if they are hiring legal workers. There's too much uncertainty today when it comes to worker IDs. The situation in Cactus, Texas, proved that.

Unlike the current system, all workers must prove they are here legally. Under the new system, employers would run their info through a new national verification database. If those on the job aren't legal, the employers are fined and the workers are fired.

Pathway to citizenship: Mr. Kyl, a Republican, has reversed course and acknowledged that there's no way to correct our immigration problems without giving the estimated 12 million illegal immigrants living here a chance to earn citizenship. More power to the man for stepping forward, knowing many will scream amnesty.

It's not.

Illegal immigrants seeking citizenship must pay a $5,000 fine, possess a job, undergo a background check and wait eight to 13 years before becoming a citizen. They don't jump to the head of any line. In fact, they can't earn citizenship until all current applications are approved or rejected.

They can eventually earn citizenship, though, and that's crucial to getting immigrants to come out of the shadows.

Temporary workers: 400,000 foreign workers could qualify for employment visas annually. That essentially matches the number of foreign workers who come here illegally each year.

There's a catch, though, that could make the provision unworkable. Temporary workers could earn three two-year work visas. In between each two-year stint, they would have to return home for one year.

The risk with the return-home requirement is that some workers may go underground and stay here. We would prefer that senators amend the bill to match the House plan, which has no return-home provision for temporary workers.

At the least, senators should amend it so more exceptions can be granted to workers in high-demand industries. That would minimize the temptation for some workers to go underground.

Green cards: Fortunately, temporary workers could earn a green card after their work stints end. But that could become a mirage if the Senate doesn't include enough cards that let workers stay here legally. (Green cards allow for legal permanent residency, not citizenship.)

The Senate would be foolish to ignore reality. Temporary workers with good jobs probably will stay here, even if they can't get a green card. So it's important to have enough cards to go around in order to know who is actually here.

This proposal represents an improvement over the status quo, but it's not the endgame. We urge Texas Sens. Kay Bailey Hutchison and John Cornyn to address these shortfalls this week.

The next few months will be like crawling through broken glass, as Frank Sharry of the National Immigration Forum aptly put it Friday. But Washington must grit its teeth and work through the pain if the nation is to finally fix our broken immigration system.STILL NOT SOLD? Why border hawks should like the Senate plan:

18,000 new border agents

Ends "catch and release" of illegal immigrants

70 new radar towers

Resources to detain 27,500 illegal immigrants a day

An electronic verification system for all employees

Illegal workers lose their jobs

Employers face big fines

Posted by Bob Kraft at 08:47 AM | Permalink

Here is a link to the latest draft of the proposed U.S. Senate immigration reform bill.

Posted by Bob Kraft at 05:12 PM | Permalink

This important document from the American Immigration Lawyers Association is printed here in full. Cite as "AILA InfoNet Doc. No. 07051768 (posted May. 17, 2007)"

Border Security and Immigration Reform Act of 2007

Title I

Title I requires the Secretary of Homeland Security to certify that the triggers are met before the Title IV (Guest Worker) and Title VI (Z visa ) programs can begin, with the exception of probationary status for Z workers and the programs for agricultural workers.

Triggers include:

18,000 (CBP) Border Patrol hired
Construction of 200 miles of vehicle barriers and 370 miles of fencing
70 ground-based radar and camera towers along the southern border
Deployment of 4 Unmanned Aerial Vehicles and supporting systems
The ending of catch-and-release
Resources to detain up to 27,500 aliens per day on an annual basis
The use of secure and effective identification tools to prevent unauthorized work.
The receiving and processing and adjudicating of applications for Z status.
Title I also includes authorities and resources to augment border security including:
physical infrastructure along the border
additional field and investigative agents
comprehensive plans and studies of the border region
revisions to law enforcement techniques and enhanced authorities.

Title II

Title II provides for interior enforcement of immigration laws.

The stiffening of laws and penalties relate to:
the detention of criminal aliens
the definition of aggravated felony
gang violence
passport, visa, and immigration fraud, including marriage fraud
Other provisions include language regarding:
Increased penalties for illegal entry and reentry
encouraging aliens to depart voluntarily
prohibiting aliens from possessing firearms
alternatives to detention
state and local law enforcement reimbursement and training
the streamlining of background checks for immigration status

Title III

Title III addresses workplace enforcement by increasing penalties, revising and making mandatory a system of electronic employment verification, and promoting information sharing.

This Title designs a worksite enforcement system that relies on electronic employment verification and a reduced list of documents that may be presented to employers to prove identity and work eligibility.
Also increases penalties significantly over current law for unlawful hiring, employment, and recordkeeping violations.

Verification of employees: As of the date of enactment, employers in national security-related industries, industries involving critical infrastructure, and federal contractors may be required to electronically verify employees, including new hires and/or current employees, with additional employers or industries added after 6 months.
All employers would be required to electronically verify new hires within 18 months of enactment, or on the date on which the Secretary certifies that the system is operational.
Once the system is implemented, all employers would be required to verify all current employees within by 3 years after enactment.

Structure of the EEVS: After the date of hire but no later than the first day of employment, the employer must transmit to the EEVS via the Internet the data that the employer has taken from the worker's identity and work eligibility documents.

Inconclusive determinations: Where the EEVS cannot conclusively determine the status of a worker's eligibility, a further action notice is issued and the individual must contact the appropriate federal or state agency to initiate resolution of status and the individual continues to work while the agency resolves his or her status.
Final nonconfirmation: If the employer has received a final non-confirmation regarding an individual, the employer must terminate the employment of the individual, unless the individual files an administrative appeal of a final non-confirmation notice within 15 days.

Data and Information Sharing: The Commissioner of Social Security must information to the Secretary of DHS regarding data contained within the Social Security database as in relates to employment verification.
Fraud and tamper resistant social security cards: Not later than 180 days after date of enactment, the Commissioner is required to begin work to administer and issue fraud-resistant, tamper-resistant Social Security cards.

Title IV

Title IV establishes a new temporary Y worker program to address future labor needs of temporary foreign workers and discourage future illegal employment of undocumented individuals. The title also includes measures to protect the rights of U.S. and foreign workers and prevent the U.S. employer from abusing the program.

Structure of new visa programs: This title creates a new future temporary worker program for workers who are coming to the U.S. to perform temporary job that the U.S. employer is unable to fill. It provides for:
non-seasonal Y temporary worker (Y-1 visa)
seasonal temporary worker
Y-2A for agricultural workers, sheepherder, goat herders, and dairy workers
Y-2B for non-agricultural workers; and
their spouses and minor children (Y-3 visa).
Matching Willing Workers with Willing Employers: All Y workers must be matched to a "willing employers" through an electronic database in order to qualify for a Y worker visa.
Families of Y visa holders: can only accompany Y workers if the worker can:
show proof of valid medical insurance and
demonstrate that the wages of the principal Y nonimmigrant(s) are 150% above poverty level for the household size.

Spouses and children who do not qualify for Y-3 visa may be admitted under other nonimmigrant status.
Period of admission: A Y-1 worker can be admitted for a two year period that can be renewed twice if that worker spends a period of one year outside the United States between each admission.

A Y-1 accompanied by dependents is afforded a single two year visa, non-renewable.
Workers with Y-2A and Y-2B visa qualify for 10 month visas; no extensions may be granted.
Permanent Bar: Y worker who fails to timely depart is permanently barred from any future immigration benefit.
Wage: The employer must attest that the Y worker will be paid not less than the greater of the actual wage paid by the employer to all other similarly situated workers or the "prevailing competitive wage."
Numerical Limitation: The Y-1 visa program has an initial cap of 400,000 with yearly adjustments based on market fluctuations.

There are no numerical limitations for Y-2A while the Y-2B visas are initially capped at 100,000 with yearly adjustment based on market fluctuations.

The market-based fluctuation is adjusted every 6 months during the fiscal year.
The Y-3 visa for spouses and minor children limit may not exceed 20% of annual limit for Y-1 visas.
A newly created Standing Commission will make recommendations to Congress regarding the Y visa numerical cap for each fiscal year following the initial year of the program

Title V

Title V restructures and rebalances the current system by which green cards are distributed.

Rebalancing of Immigrant Visa Allocation: Resets the number of family-based, family backlog, merit-based immigrants, and eventual Z immigration green cards.

The family categories are less than under current law since several of the extended family categories are reduced, while the merit-based is increased over the current employment-based levels after the processing of the family-based backlog.

An annual total of 440,000 visas are allotted to process the backlog of family-based categories.
It is estimated that the family backlog cases can all be processed in 8 years.
An annual total of 10,000 visas are set aside for exceptional Y workers.
Merit Based Points System: The current employment based green card system will be replaced by a merit based points system.
Reducing Chain Migration and Permitting Petitions by Nationals: Elimination and reconfiguring of the following family-based preference categories:
First: Unmarried Sons and Daughters of Citizens
Second: Unmarried Sons and Daughters of Permanent Residents other than spouses and minor children of permanent residents
Third: Married Sons and Daughters of Citizens
Fourth: Brothers and Sisters of Adult Citizens
Sets cap of 40,000 per fiscal year on category for parents of U.S. citizens.
Sets cap of 87,000 per fiscal year on the second preference category for spouses and children of permanent residents.
Elimination of Backlog: If the family-based visa petition in the eliminated category is filed before May 1, 2005, the petition can be processed under the prior law.

Title VI

This title provides a new visa for most individuals currently living within the U.S. illegally.

Creates a new four-year, renewable "Z" nonimmigrant visa to address the undocumented population within the U.S. The visa is split up into three groups:
a principal or employed alien (Z-1),
the spouse or elderly parent of that alien (Z-2),
and the minor children of that alien (Z-3).

Cut off Date: In order to be eligible for this visa, one must have been illegally present within the U.S. before January 1, 2007.

Fees and Penalties: To apply, an alien seeking Z-1 status must be currently employed and pay fees and penalties totaling $5,000 (less for derivative Z's) to be eligible for a green card under the merit-based system.
Probationary, the Permanent Z Status: Once an applicant submits a completed application, fingerprints, and is cleared by one-day background checks he will receive probationary benefits which can eventually be converted to a Z nonimmigrant status after all background checks are clear and the triggers set forth in Title I are achieved.

LPR Status: A Z-1 nonimmigrant may adjust status to lawful permanent residence after the family backlog under Title V is eliminated if the Z applicant:
Satisfies the merit requirements in the points schedule set forth in Title V.
files the application for adjustment in the Z-1's country of origin and
pays a penalty of $4,000.
DREAM ACT: Individuals under the age of 30 that were brought to the United States out of their own control as a minor are eligible to receive their green card after 3 years rather than 8.

Title VII

Title VII includes a number of miscellaneous provisions involving assimilation, including increased funding for the office of citizenship and integration ($100M)

Posted by Bob Kraft at 04:55 PM | Permalink

The Associated Press is reporting that an agreement has been announced between Senate leaders and the White House regarding comprehensive immigration reform!

Quoting AP:

"The plan would create a temporary worker program to bring new arrivals to the United States. A separate program would cover agricultural workers. New high-tech enforcement measures also would be instituted to verify that workers are here legally."

"The key breakthrough came when negotiators struck a bargain on a so-called "point system" that would for the first time prioritize immigrants' education and skill level over family connections in deciding how to award green cards."

"The proposed agreement would allow illegal immigrants to come forward and obtain a "Z visa" and - after paying fees and a $5,000 fine - ultimately get on track for permanent residency, which could take between eight and 13 years. Heads of household would have to return to their home countries first."

"They could come forward right away to claim a probationary card that would let them live and work legally in the U.S., but could not begin the path to permanent residency or citizenship until border security improvements and the high-tech worker identification program were completed."

"A new temporary guest worker program would also have to wait until those so-called "triggers" had been activated."

"Those workers would have to return home after work stints of two years, with little opportunity to gain permanent legal status or ever become U.S. citizens. They could renew their guest worker visas twice, but would be required to leave for a year in between each time."

"In perhaps the most hotly debated change, the proposed plan would shift from an immigration system primarily weighted toward family ties toward one with preferences for people with advanced degrees and sophisticated skills. Republicans have long sought such revisions, which they say are needed to end "chain migration" that harms the economy, while some Democrats and liberal groups say it's an unfair system that rips families apart."

"Family connections alone would no longer be enough to qualify for a green card - except for spouses and minor children of U.S. citizens."

"New limits would apply to U.S. citizens seeking to bring foreign-born parents into the country."

Posted by Bob Kraft at 01:21 PM | Permalink

Earlier this month, Senator Barak Obama (D-IL) and Representative Luis Gutierrez (D-IL) introduced the Citizenship Promotion Act of 2007. This bill, if enacted into law, would authorize Immigration Services to request and receive appropriations that would make up the difference between current fees charged to citizenship applicants and the necessary resources needed to fund the Service.

The basic provisions of the Citizenship Promotion Act are as follows:

Prevent Immigration Services from increasing the naturalization fees until Congress develops an oversight mechanism that would keep the USCIS from implementing unreasonable fee increases -- as the agency now is proposing.

Improve the administration of the citizenship tests for English, U.S. history and government. The bill would require that the tests be administered uniformly nationwide, there be no extraordinary or unreasonable conditions placed on applicants taking the tests, and the age, education level, time in the United States, and efforts made by citizenship applicants would be taken into account when administering the tests.

Establish a national citizenship promotion program, the "New Americans Initiative," to conduct citizenship outreach activities and make grants to non-profit organizations to help lawful permanent residents (LPRs) become U.S. citizens, help non-profit agencies conduct English language and citizenship classes for LPRs, and carry out outreach activities to educate immigrant communities to assist people to become citizens and assist with the application process.

Decrease the citizenship application backlog by encouraging the Attorney General to complete background checks within a reasonable period of time and without sacrificing national security.

Ensure that low-income eligible LPRs whose communities suffer the ill effects of the digital divide would have an equal chance to apply for citizenship as do other eligible LPRs.

Posted by Bob Kraft at 03:23 PM | Permalink

Senators Edward Kennedy and John McCain will be introducing a revised version of their immigration reform plan to Congress. The bill was blocked last year because Republican leaders in the House were opposed to any immigration proposal that would allow illegal aliens to eventually become citizens.

The Kennedy-McCain plan will largely mirror the immigration bill that was introduced last year, which would call for the installation of a 700 mile border fence, double the size of the U.S. Border Patrol, and add new penalties for employers who hire undocumented workers. The bill will also allow most of the 12 million undocumented workers to eventually earn immigration status. The bill would allow illegal aliens to become citizens by learning the English language, paying a $2000 fine, paying back taxes, and passing a criminal background check.

The proposal once again includes a provision for a temporary Guest Worker program. This would allow immigrants in the U.S. to work under a temporary visa program.

Congressional leaders indicate that they hope to reach a decision on immigration reform soon, and before the 2008 presidential election campaign pushes to the forefront of politics.

Those in favor of immigration reform still have a tough battle ahead of them. Even though the Republicans are no longer in control of Congress, the Democrats still need their support, and major Republican leaders are still not on board for a comprehensive immigration reform bill. This could possibly slow down or even stop the passage of immigration reform this year.

Posted by Bob Kraft at 06:40 AM | Permalink

The ILRC Forecast on Immigration Reform Judith Golub, Executive Director

With the November mid-term elections behind us and the 110th Congress convened, what is the prognosis for immigration reform? While it would be an uphill fight, reform could be enacted this year, given both the public's demand that Congress fix our nation's problems (and our broken immigration system being one of the primary problems needing attention) and some momentum remaining from last year's Congressional debate. Both Democratic and Republican Senate leaders have prioritized immigration reform. Senate Majority Leader Harry Reid (D-NV) introduced the Comprehensive Immigration Reform Act of 2007 (S. 9) on the very first day of the 110th Congress and has reserved floor time to consider the issue. This "placeholder" bill will be replaced most likely with a reform package, perhaps one negotiated by Senators Edward Kennedy (D-MA) and John McCain (R-AZ). Republican Senate Minority Leader Mitch McConnell has acknowledged that immigration is a pressing concern needing to be addressed. On the House side, Representative Zoe Lofgren (D-CA), the Chair of the House Immigration Subcommittee, wants to produce "a practical and bipartisan bill that gets broad support" and believes that "if everybody can lower their voice, just stop yelling and go through the issues one by one, that we can come to consensus." However, a determined opposition led by Senate and House Republicans are expected to put roadblocks in the way of reform. In contrast, President Bush in his State of the Union address underscored the fact that "convictions run deep in this Capitol when it comes to immigration. Let us have a serious, civil, and conclusive debate - so that you can pass, and I can sign, comprehensive immigration reform into law."

But what kind of reform remains the question, as does whether there will be reform at all - given the "convictions that run deep." While the following does not exhaust the possibilities, below are four scenarios:

The "good enough" scenario in which a measure passes that includes both hard pills to swallow and significant positives and can be implemented. This will be a very uphill fight;

The "get done what we can" scenario in which, due to time constraints and other roadblocks, a smaller scale package passes (that includes AgJobs and DREAM Act and other measures along with some enforcement provisions) that has sufficient Congressional support and will provide the foundation for future reform;

The "not good enough" scenario in which a measure passes that does not depart significantly from last year's Senate-passed bill, S. 2611, should be opposed on its merits and cannot be implemented; and

The "crash" scenario in which too many constraints, conflicts, and roadblocks stand in the way so that Congress fails to address reform this year.

Several factors will help determine which scenario might become reality and include:

Continue reading "The Immigrant Legal Resource Center Legislative Forecast" »

Posted by Bob Kraft at 10:18 PM | Permalink

The possibility of comprehensive immigration reform has been in the forefront of the news for the last several months. Thousands of people in the United States are currently waiting for developments in immigration law. Even more, who are in the United States illegally, believe the passing of new laws will lead to amnesty or eventual citizenship.

Waiting for a new law to pass, however, may prevent you from obtaining immigration benefits now, and may even lead to possible denials of immigration status in the future. Those who are hoping for "amnesty" may find it more productive to begin their immigration cases now, since there are many ways of obtaining a green card in the U.S., even for those here illegally.

If you are married to a U.S. citizen or have relatives who are citizens, there may be different avenues available to you today that would make you eligible to receive your permanent residency. If you have been a victim of persecution in your home country, you may be eligible for asylum. If you have been in the U.S. for a certain length of time, you may also be eligible for immigration status. These are just a few exampl