DHM logo.///Rapid Response 05/18/06
Immigration Reform Legislation in the Senate

In our March Action Alert on immigration reform legislation we reported on the bill passed by the House of Representatives last December.  (That Action Alert can be found at http://www.discipleshomemissions.org/rim/Advocate.htm.)  This Action Alert reports on what is now happening in the Senate.

Efforts continue by the Senate to pass its form of an immigration bill.  A compromise bill under consideration (The Hagel-Martinez Compromise bill) would:

  • Increase border enforcement – personnel, technology, fencing, biometric data enhancements, etc.
  • Increase interior enforcement – expands the definition of “criminal alien” smuggling but offers a “humanitarian” exception for groups and individuals that provide assistance, expands the list of aggravated felonies, allows indefinite detention, mandates expedited removal of undocumented persons within 100 miles of the border for less than 14 days, increases detention space by 10,000 beds, limits judicial review of decisions, encourages state and local police to enforce immigration laws, etc.
  • Make changes in employment regulations – creates an electronic verification system for employers to use in evaluating the work authorization of employees, identifies only the social security card as the document that can be used to show employment eligibility, increases penalties on employers who fail to comply with the documentation required, etc.
  • Create a temporary worker program with a path to legal permanent residence for persons outside the U.S. – employers must prove no U.S. citizen available, worker must pay a $500 fee, up to 325,000 workers could come annually, the work visa would be good for 3 years and could be renewed once for another 3 years, the worker can change jobs if the new employer has also verified no citizen is available, the worker can apply for permanent residency  after one year with an employer sponsor, or four years on their own as a “self-petitioner,” etc.
  • Reduce the backlog on several immigration categories by increasing visa numbers, not counting spouses and children in the numbers, redistributing numbers not used in one category to related categories, exempts highly-skilled workers from the visa cap, and creates a new visa category for certain children and women at risk of harm.
  • Create a program to give work authorization and legalization to undocumented persons in the three categories below.  It would also create an agricultural worker program that includes earned legalization for farm workers.  It would also provide a path to permanent residency for certain undocumented students who have been educated in the United States:
      1. Those that entered before 4/5/01, worked at least 3 years, continue to work at least 6 years, pass background checks, pay all federal and state income taxes owed, meet English and U.S. civics learning requirements, and pay a $2,000 fine (spouses and children derive status from this person) will be able to apply for permanent residence eventually.
      2. Those that entered before 1/7/04, worked continuously since then, pass background checks, admit under oath to being unlawfully present and turn in any false documents they used to obtain work, pay a $1000 fine (spouses and children must pay a $500 fine each, in addition), will receive up to three years work authorization if they go to a border, step across and reenter.  They could not get permanent residency until the existing backlogs for visas are cleared.
      3. Those that entered after 1/7/04 must leave but would be eligible to apply for the temporary worker visa mentioned above.

The Senate is now considering various amendments to change parts of this compromise bill.  The President has added to that debate a call for the posting of 6,000 National Guard at the southern border. 

If and when a Senate bill is passed, it will need to be reconciled with the House bill which deals only with immigration enforcement issues.  Advocates fear that the compromise bill will contain measures that will have a severe impact on immigrants, and they continue to call for fair and just legislation.  Advocates urge legislation that will:

  • Provide an opportunity for all undocumented immigrants, who are contributing to this country through their work, to meet reasonable criteria and, over time, pursue a path to legalization and citizenship;
  • Reform our family-based immigration system to significantly reduce waiting times for separated families who currently wait many years to be reunited;
  • Create legal avenues for migrant workers and their families to enter the U.S. and work in a safe, legal and orderly manner with their rights fully protected;
  • Develop policies that are consistent with humanitarian values; treat all individuals with respect; allow the authorities to identify and prevent terrorists and dangerous criminals from entering the country, and bolster our national security through effective enforcement;
  • Protect individuals and organizations who act as Good Samaritans without regard to the immigration status of the persons they serve; and
  • Safeguard asylum seekers and ensure an opportunity to prove they deserve asylum.

Advocates urge legislation that will not:

  • Expand detention beds,
  • Increase mandatory detention,
  • Expand the definition of aggravated felony,
  • Turn police into immigration agents,
  • Change the law around the power of the courts to review immigration cases,
  • Expand expedited removal, and
  • Overturn Supreme Court case law on indefinite detention.

Advocates urge continued contact with Senators to stress these concerns about immigration reform while a bill is being considered in the Senate and during the conference committee discussion after a Senate bill is passed.

Due to the sabbatical of the Director of Refugee and Immigration Ministries, this will be the last Action Alert on Immigration Reform Legislation, unless the issue is still before Congress in September.  Please continue to make your wishes known to your Congresspersons as this legislation moves forward.

Your name and contact information

Thank you for your willingness to take action.

Rev. Jennifer Riggs,
Director of Refugee and Immigration Ministries
Disciples Home Missions

Telephone: (317) 713-2643 or toll-free (888) 346-2631