The Senate’s immigration bill takes us a small step closer to a less punitive and more open immigration policy. It legalizes most of the unlawful immigrants here and provides pathways for legal immigration in the future. It’s not a perfect bill – there are flaws such as the $46 billion border surge that just about militarizes the border with technology and fencing (the passing of the  Hoeven-Corker amendment), and mandatory E-Verify for all employers – the result of the political tug-of-war surrounding immigration reform and the “poison pill” that had to be added to attract sufficient Republican votes to pass the bill.

The good news is that it’s a huge “win” on many fronts – to name a few:

1. Path to citizenship for vast majority of the 11 million!!!
2. While in RPI status, immigrants can work, travel and live without fear of deportation
3. Reunification of many families separated by deportation
4. DREAMers will be considered the same as permanent residents during their RPI period for purposes of qualifying for naturalization, with a 5 year path to citizenship
5. DACA recipients will have RPI status expedited
6. Farm workers will get a ‘blue card’ and will be on a 5 year path to citizenship.  A single application may be submitted for a family.
7. Expedited path for those already here in a temporary status
8. Families that have spent years, even decades waiting for their turn in line will finally be reunited
9. Adds spouses and children under 21 of permanent residents to the immediate relative category
10. Immigrants on the path to citizenship can pay fees in installments
11. New temporary worker programs that protects immigrant workers and American labor force
12. The H-1B cap is increased and will float between 115,000 and 180,000 depending on market conditions. The base cap is 115,000.
13. Spouses of H-1B holders will now be able to work
14. The H-1C visa for nurses working in a health professional shortage area returns but is now just 300 for the entire country. Portability is now available allowing H-1C nurses to move more easily between H-1C employers.
15. Future work-visa holders will be able to self-petition for green cards rather than relying on employers to decide whether they can call America home for good
16. Per country limits for employment-based cases are eliminated
17. EB-1 category will not be counted against quota

The House has announced that it will not take up or vote on the the Senate Bill.  “For any legislation — including the conference report — to pass the House it’s going to have to be a bill that has the support of the majority of our members,” Boehner told reporters last Thursday.  Here is a video of the House Speaker.  As Latino Decisions writes in a new analysis, “The Republican Party is at a crucial crossroads.  If House Republicans stall or block immigration reform that provides a path to citizenship to millions of undocumented immigrants, it will be almost impossible for the party to recover on many fronts and to compete nationally for Latino votes.  We shall see how all this progresses and will continue to keep you well informed.

After considering some 200 amendments to the Gang of 8’s immigration bill entitled the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (a/k/a CIR, or Comprehensive Immigration Reform), it survived the Senate Judiciary Committee overhaul and has been introduced onto the floor of the Senate for further debate taking place this month.  It is the goal of the Senate to complete their work on the Bill by the July 4^th recess. On the weekend talk show circuit, Lindsay Graham (S-SC) told conservatives who are trying to block the measure that they will doom the party.  Sen. Robert Menendez, D-N.J., went a step further and predicted “there will never be a road to the White House for the Republican Party if immigration overhaul fails to pass.”

The big question is – will the House of Representatives cooperate and pass a bill?  The theory on this is that the purpose of the legislative process right now is for the House to get a bill passed. It could be a good or bad bill; it just has to be an intact bill because once something makes it through the House, it will go to conference with the Senate and the Committee will compare the two bills and draft a compromise bill that both chambers can accept

The Temperature on Immigration Reform in the House of Representatives:

While many House conservatives agree immigration reform is a critical priority for Congress, they part with President Obama, Senate Democrats, and some in their own party who believe allowing eventual citizenship to those in the country illegally is part of the solution. They vow that they won’t support any bill that adds to the deficit and they want to see a tougher approach to border security and to the benefits issue.

Not only has the federal government consistently increased spending on border enforcement, it has also met the border-security benchmarks laid down in the three immigration-reform bills introduced in the Senate since 2006. Read more on border security here

The GOP insists that newly legalized workers now working in the shadows have no access to government-sponsored health care during their 15-year pathway to citizenship.  Democrats say that since these newly legalized immigrants would be paying taxes (millions already do pay taxes), they should be eligible for benefits.

In the end, both chambers of Congress must eventually pass the identical legislation for the bill to make its way to the President’s desk to become law.  The question is…Will House Republican leadership pass a bill or fail?

White House Official stated to the Daily Caller, “If a Gang of Eight-style bill is signed into law by the President, it will probably be one of the top five legislative accomplishments in the last twenty years.”

For a Summary of S 744 refer here.  Refer here for more on the progress of S. 744 in the Senate, the text of bill, the summary and the proposed amendments.

The House Judiciary Committee markup of the bill starts this week, and will start with SAFE Act (H.R. 2278), a bill to improve the interior enforcement of our immigration laws and strengthen national security and will then take up the AG Act (H.R. 1773), a bill to provide American farmers with a workable temporary agricultural guest worker program that will help provide access to a reliable workforce.  Read more here

The Immigration Policy Center has assembled a top 10 list of resources for 2009.

For those of you not familiar with the IPC, their staff regularly serve as experts and leaders on Capitol Hill, opinion-makers and the media.  Their mission:  To provide policy makers, the media and the general public with accurate information about immigrants and immigration policy on US society.  Their studies and reports are widely disseminated and relied upon.

Here’s their list.  What are your thoughts?

The subject is definitely alive and well and not going away!

Hoping to jump-start a major legislative drive on immigration reform in the US congress, more than 100 pro-reform House Democrats signed a letter reminding President Obama of his administration’s commitment to overhaul immigration.

The letter was clearly meant to nudge the WH toward engaging an issue it has allowed to languish.  The letter expressed House Dems “commitment to fix our broken immigration system” and cited “strong support for moving forward on fair and humane comprehensive immigration reform this year.”  One of the signees, Rep. Luis Gutierrez, an Illinois Dem, is gearing up to introduce a major immigration reform bill as early as next month.

Immigration advocates and their allies in Congress believe there is a window for immigration reform to pass early next year, before midterm elections complicate the political calculus.

Immigrant advocates know that once health care reform is settled, immigration will compete with other crucial issues including banking regulations and the interrelated climate and energy questions, for political attention.  As always — immigration reform pivots on one sensitive question:  What happens with the nation’s 12 million undocumented immigrants?

For more on this

We’ve had several blog posts on the reverse brain drain issue.  This is a very interesting post that we found on TechCrunch today by Vivek Wadhwa, an entrepreneur turned academic who is a Visiting Scholar at UC-Berkeley, Senior Research Associate at Harvard Law School and Executive in Residence at Duke University.  The writer expresses concerns as to what is occurring in the IT sector today and why the brightest and the best are deciding not to put down roots in the USA.

Vivek spent Columbus Day in Silicon Valley meeting a roomful of new Indian arrivals to the USA. The event was organized by Think India Foundation, a think tank that seeks to solve problems that Indians face.

When introducing the topic of skilled immigration, the discussion moderator, Sand Hill Group founder M.R. Rangaswami asked the obvious question. How many planned to return to India?  He was shocked to see more than three-quarters of the audience raise their hands.  One has to ask why would such talented people voluntarily leave Silicon Valley, a place that remains the hottest hotbed of technology innovation on Earth? Or to leave other promising locales such as New York City, Boston and the Research Triangle area of North Carolina?

What they learned was that the average age of the Indian returnees was 30 and the Chinese was 33. They were really well educated: 51% of the Chinese held masters degrees and 41% had PhDs. Among Indians, 66% held a masters and 12% had PhDs. These degrees were mostly in management, technology, and science. Clearly these returnees are in the U.S. population’s educational top tier—precisely the kind of people who can make the greatest contribution to an economy’s innovation and growth. And it isn’t just new immigrants who are returning home, we learned. Some 27% of the Indians and 34% of the Chinese had permanent resident status or were U.S. citizens. That’s right—it’s not just about green cards.

We link to a letter co-authored by the Semiconductor Industry of America (SIA) and the Industry of Electrical and Electronic Engineers (IEEE) to the Congressional Subcommittee on Immigration.  The letter calls for sensible immigration reform – reforming quotas to match industry needs – reducing the ever-growing visa wait times for green-cards for skilled worker.

At a rally Oct. 13th on the west lawn of the United States Capitol, U.S. Congressman Luis V. Gutierrez (D-IL) addressed a crowd of thousands who demanded change to our nation’s broken immigration system. Rep. Gutierrez’ address responded to a recent call from the immigration advocacy community to introduce comprehensive immigration reform in the House of Representatives. Rep. Gutierrez has been actively talking to advocacy and civil rights groups, faith-based groups, labor groups and his colleagues on the Hill to identify the most essential components of such a comprehensive bill. Today, he presented a broad outline of those core principles.

In a statement Rep. Gutierrez said, “We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it.  It is time we had a workable plan making its way through congress that recognizes the vast contributions of immigrants to this country and honors the American Dream.  I am preparing such a plan, and will introduce  it in the near future.  It will include the following core principles”:  A pathway to legalization, effective border enforcement, humane interior enforcement, protects workers, verifies employment, addresses family unit, Ag Jobs, Dream Act, establishes a future flow of foreign workers that is fair to employers and workers, and promotes immigrant integration. For more, we link to the Press Release

Other rallies took place across the country as well, demanding that Congress enact a broad and humane solution to fix the nation’s broken immigration system. Families, spiritual leaders, and community members gathered to encourage members of Congress and the Obama administration to follow in Rep. Luis Gutierrez’s (D-IL) footsteps and make family unity, workers’ rights, and a commitment to workable solutions fundamental parts of their collective vision for comprehensive immigration reform.

“Immigrants are an integral part of the fabric of American society,” said Marielena Hincapie, executive director of the National Immigration Law Center. “For too long, the flawed and ineffective immigration system has kept them apart from loved ones and made it difficult for them to fully participate in the communities they live and work in.”

The complete title of this study is “Breaking the Immigration Stalemate: From Deep Disagreements to Constructive Proposals”.  The study was done by The Brookings-Duke Immigration Policy Roundtable at Duke University.  They describe themselves as an interdisciplinary “think and do” tank committed to understanding and addressing real-world ethical challenges facing individuals, organizations and societies worldwide.

This is an excellent study that in the end, they feel they were able to agree on a set of recommendations that address the most vexing and controversial issues stymieing immigration reform.

The study proposes 6 policy changes. These changes include emphasizing enforcement at the workplace, setting standards for the legalization of illegal immigrants and establishing an independent Standing Commission on Immigration.

The October 6 event featured the release of the Roundtable’s report and a discussion of the proposals and the potential pitfalls to achieving them. The report is the result of months of deliberation by the Roundtable, a joint project of the Brookings Institution and the Kenan Institute for Ethics. Roundtable members represent a broad spectrum of conflicting views from across the “pro-immigration” and “restrictionist” divide, but have nonetheless come together in support of this single set of recommendations.

We link to the Summary of this report, and for more reading with full audio of the event go here.

The energy in Washington changes as soon as Congress returns from recess, and this year the air is particularly charged with anticipation of the health care reform debate to come. In the immigration world, we are watching the debate as a barometer of what to expect later in the session when the long-promised Schumer bill is introduced.

The lead Democrat steering an immigration overhaul through the Senate said Wednesday he expects to have a bill ready by Labor Day that is more generous to highly skilled immigrant workers than those who are lower skilled and is tough on future waves of illegal immigration.

In an interview with The Associated Press, Sen. Chuck Schumer said an immigration bill can be done by the end of the year or early next year that works out disagreements between labor and business interests on the flow of legal foreign workers.

“I think we’ll have a good bill by Labor Day,” said Schumer, D-N.Y. “I think the fundamental building blocks are in place to do comprehensive immigration reform.”

We link to the Immigration Impact article.

…Music to our ears to hear Obama state on his 100th day in office that he was moving “full steam ahead on all fronts” on immigration reform.  He told Telemundo reporter that he hopes to convene working groups to start building a framework for how immigration legislation might be shaped.  He further stated yesterday that Congress and DHS are aligning their priorities to focus on the root causes of undocumented immigration.  Obama stated at his 100th day news conference yesterday:

“We want to move this process.  We can’t continue with a broken immigration system.  It’s not good for anybody.  It’s not good for American workers.  It’s dangerous for Mexican would-be workers to cross a dangerous border.”

We link to articles and videos for more.