February 17, 2011
By Staff Reporter
The “Secure America and Orderly Immigration Act of 2005,” or S.1033, has been in gestation for months.
But the long wait will have been worth it as far as most undocumented are concerned because the bill proposes a clear path to legal status, assuming certain criteria can be met.
In the end, the reform bill’s eagerly anticipated appearance was delayed a day by the security scare in Washington D.C. caused by an errant small aircraft.
But the extra time was not too much to bear for thousands of undocumented Irish, not to mention millions of illegals and undocumented from other nations, who have been waiting years for a sign that the nation’s legislators are again ready and willing to debate, and possibly approve, wide ranging reform legislation.
Kennedy and McCain were joined by Senators Joe Lieberman and Sam Brownback and House co-authors, Luis Gutierrez, Jim Kolbe and Jeff Flake, for a press conference to unveil the new bill, the language of which is heavily couched in national security terms.
And it is in the House of Representatives where the most virulent opposition to any change in the status quo is likely to emerge in the coming months.
In the meantime, however, the message from the bill’s primary sponsors was about change within the country’s borders, and more stringent security along them.
“The status quo is unacceptable, and we need to modernize our broken immigration system to meet the challenges of the 21st Century,” Sen. Kennedy said in a statement announcing the new bill.
“And we need policies that continue to reflect our best values as a nation — of fairness, equal opportunity, and respect for the law,” he said.
Kennedy said that one of the mistakes of the past was to assume that the U.S. could control illegal immigration on its own.
A realistic immigration policy, he said, would require other nations to play a role in replacing an illegal immigration flow with “regulated, legal immigration.”
It was left to Sen. McCain to focus on the security aspect of the new bill.
Homeland security, he said, was the nation’s number one priority.
And S. 1033 included a number of provisions that would make the country more secure.
“For far too long, our nation’s broken immigration laws have gone unreformed, leaving Americans vulnerable. We can no longer afford to delay reform. I am proud to join my colleagues today as an original sponsor of this legislation,” McCain said.
It will be McCain’s ability to convince critics who want to further restrict immigration, particular House members in his own Republican party, that will be especially crucial for the new bill’s survival and ultimate success.
The bill holds within its lines a carrot and stick aspect.
It provides for a three year non-immigrant work visa which could be renewed one time for a second three years.
This provision appears to reflect President Bush’s desire to see a guest worker program. The bill dubs it the “Essential Worker Visa Program.”
The program would create a new temporary visa, the H-5A, to allow foreign workers to enter and fill available jobs that require few or no skills.
It will be possible for an employer to sponsor a H-5A holder for a greencard after a minimum period of four years in employment, or for a holder to apply on his or her own.
The bill proposes big fines and stiff penalties for those undocumented in the country, and those who hire them off the books.
It mandates tighter control of the nation’s borders.
But in addition to new visas it also offers an earned legalization process for the undocumented, an aspect of the bill that is certain to attract the strongest criticism, and the most eager response from the undocumented, Irish included.
This process is outlined in a part of the bill designated title seven which is headed “Adjustment of Status for H-5B Non-Immigrants.”
The proposal allows those undocumented on the date of the bill’s introduction to register for a temporary visa (H-5B) that would be valid for six years.
Applicants would have to show work history, a “clean criminal record,” and convince immigration authorities they were not a security problem in order to be eligible for a temporary visa.
Upon receipt of the visa, the undocumented individual would receive work and travel authorization. Their spouses and children would also be eligible for the same visa.
“In order to qualify for permanent status, individuals would have to meet a future work requirement, clear additional security/background checks, pay substantial fines and application fees [$2000 or more per adult] as well as back taxes, and meet English/civics requirements,” the bill states.
“Despite our compromises and bipartisan solutions, there are some who oppose these reforms,” said Kennedy.
“They misleadingly categorize our efforts as an ‘amnesty. But legal status must be earned by proving past work contributions, making a substantial future work commitment, and paying monetary penalties.
“It is not a guarantee of citizenship, but an opportunity to continue working hard, start playing by the rules, and earn permanent residency. We offer a fair deal: if they are willing to work hard for us openly, then we’re willing to do something fair for them. It’s long past time to put the underground economy, above ground, and recognize the reality of immigrants in our workforce,” Kennedy said.
The Massachusetts senator, who has played a central role in every immigration reform push since the mid-1960s, stated that Americans wanted and deserved realistic solutions.
“They don’t want open borders, and they don’t want closed borders. They want smart borders.
“We are a nation of immigrants, and we always will be, and our laws must be true to that proud heritage. Our bipartisan bill attempts to do that, and I look forward to working with the administration and our colleagues on both sides of the aisle to enact it into law,” Kennedy said.