* For Immediate Release *
March 22, 2007
Media Contact:
Scott Frotman (Gutierrez) 202-225-8203
Matthew Specht (Flake) 202-225-2635
Kathleen Connery (Emanuel) 202-225-4061
EMANUEL ORIGINAL CO-SPONSOR GUTIERREZ/FLAKE BIPARTISAN COMPREHENSIVE
IMMIGRATION REFORM LEGISLATION
Legislation would create an immigration system that meets the economic
and
security needs of our nation by creating laws that are tough,
enforceable
and realistic
WASHINGTON -- U.S. Representatives
Luis V. Gutierrez (D-Ill.) and
Jeff Flake
(R-Ariz.) joined their colleagues Thursday to unveil new legislation
designed to fix our nation's badly broken immigration system. The
legislation is the culmination of years of hard work, in-depth
discussions
and thoughtful negotiations by Reps. Gutierrez and Flake and their
colleagues on both sides of the aisle.
"The bill we are discussing today is all about security--homeland
security,
family security and economic security," Gutierrez said. "It will allow
us to
better protect our borders and reform an immigration system that is
hampering businesses, hurting families and harming communities. It is
vital
that we work in a bipartisan fashion to tackle this critical issue."
"Our current immigration laws are at odds with reality," Flake said.
"This
bill addresses that problem by bolstering border security, increased
interior enforcement, and creating a temporary worker program that's
enforceable and fair."
The bill, the STRIVE Act of 2007 (Security Through Regularized
Immigration
and a Vibrant Economy), would overhaul the current immigration system in
a
way that better protects and enforces our borders, respects the hard
work
and contributions of immigrants to our country and reflects the
realities of
our workforce and the needs of our communities.
"This is good, common sense legislation that addresses border security
and
the millions of undocumented workers in our country,"
George Radanovich
(R-Calif.) said. "I am particularly pleased to see the AgJOBS language
included in this bill so our nation's farmers get the help they need to
put
food on our tables."
"As the son of an immigrant and a resident of
Chicago, I know first-hand,
that immigrants make this country strong. Those who have lived in this
country for years - who have held jobs, started families and established
roots in American communities - deserve the opportunity to earn their
citizenship, " said
Rep. Rahm Emanuel (D-Ill.). "This legislation enhances
protections for immigrants already living and working in the U.S.,
provides
for effective security enforcement, assists in family reunification,
encourages legality at our borders, and most importantly treats all
immigrants with the dignity and respect they deserve. I am proud to join
members from both sides of the aisle in introducing this reform."
"Only a comprehensive immigration reform plan like the STRIVE Act will
help
us achieve an effective, lasting, and viable solution to the immigration
issues facing our nation," said
Congressman Luis G. Fortuño (R-PR), chair of
the Congressional Hispanic Conference.
Representative Joseph Crowley (D-N.Y.) said, "It is time that we pass
comprehensive immigration reform that balances our nation's security
with a
realistic and humane approach to dealing with the 11 million
undocumented
individuals already in the
United States. This bipartisan legislation
enforces accountability and strong border controls, while offering an
earned
path to citizenship to those who have contributed to our society through
hard work. I thank Congressmen
Luis Gutierrez and
Jeff Flake for renewing
their cooperation on this issue so we can finally move forward in fixing
our
broken immigration system."
If enacted, the Gutierrez-Flake bill would ensure that we have an
immigration system in place that meets the security and economic needs
of
our nation by creating laws that are tough, enforceable and realistic.
# # #
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National Immigration Law Center
March 22, 2007
STRIVE Act of 2007 Introduced
This morning Representatives
Luis Gutierrez (D-IL) and
Jeff Flake (R-AZ)
introduced the first bipartisan comprehensive immigration reform bill of
the
110th Congress. If enacted, the Security Through Regularized Immigration
and
a Vibrant Economy (STRIVE) Act would be the most complete overhaul of
our
nation's immigration system since 1965.
We welcome this first step in the long and uncertain process that could
lead
to the passage of desperately needed comprehensive immigration reform
this
year. Representatives Gutierrez and Flake have exhibited rare courage
and
commitment in moving forward despite the slowdown of similar efforts on
the
Senate side. As the first to commit to a specific proposal, they face
inevitable attack by anti-immigrant forces, as well as criticism by
groups
such as ours—that have long been committed to immigration reform—for
compromises made in crafting a bill with any real chance of passage.
Democrats and Republicans in Congress will pay close attention to the
response to the STRIVE Act as they evaluate their next steps. The STRIVE
Act
will be referred to the Immigration Subcommittee of the House Judiciary
Committee, chaired by
Zoe Lofgren. The Subcommittee could work off of the
STRIVE Act, or more likely Ms. Lofgren could introduce a modified
version or
she could start from scratch with a different bill that would then
become
the focus of committee consideration. If the response to the STRIVE Act
is
dominated by anti-immigrant forces, as is often the case with
immigration
proposals, the prospects for positive reform this year will dim
significantly.
As of this writing, the text of the ambitious Gutierrez-Flake proposal
was
not yet available, but based on the attached summaries provided by the
sponsors and on briefings by their staffs, it appears to contain the
same
core elements as the bill that passed the Senate last year, and may
eliminate some of the most glaring wrinkles, contradictions, and
incoherence
of that bill.
Like last year's Senate-passed bill, the STRIVE Act is an amalgam of
desperately needed and problematic elements. The bill includes
provisions
that:
Provide temporary status and a path to eventual permanent residence for
many
of the estimated 12 million undocumented immigrants in the U.S. via
whichever one of three new mechanisms for which they may qualify:
"Earned legalization" for workers and their spouses and minor children
who
have lived and worked here since June 1, 2006;
The DREAM Act for individuals who arrived at least 5 years before the
date
of enactment of the STRIVE Act at the age of 15 or younger and have
graduated from high school; or
AgJOBS for certain agricultural workers.
Reform our legal immigration system to significantly reduce family and
employment immigration waiting lists and backlogs;
Create a large new worker visa program with features intended to avoid
the
constant abuses inherent in past and current guestworker programs;
Impose a mandatory electronic employment verification system for new
hires
that would apply to all employers and workers;
Address illegal border crossings by further militarizing the border
region
with a smaller number of provisions intended to protect the human and
civil
rights of the residents of that region;
Make numerous changes in interior immigration enforcement including new
and
increased penalties, increased detention space, new identity documents
with
biometric identifiers, and reduced due process.
As with all immigration proposals, the devil is in the details, and we
now
have only the roughest of summaries. Since the details can be critically
important, an analysis of the bill will have to wait until we have had
an
opportunity to study the actual language.
Pending such an analysis, we have highlighted a few of the features
included
in the summary that will require particular scrutiny once the language
becomes available.
Conditions that must be met before earned legalization and the new
worker
visa program can begin: The provisions providing a path to legal status
and
creating the new worker visa program would not take effect until and
unless
the Secretary of Homeland Security certifies that the first phases of
the
border technology, document security, and employment verification
systems
are in place.
Legal re-entry requirement: The path to legal status would include at
least
6-years of "conditional nonimmigrant status" during which the immigrant
would be required to leave the country and return legally at least once.
Other legalization requirements: It is not clear from the summary
whether
the English language and tax payment requirements for legalization are
similar to the reasonable provisions in previous legislation, or whether
like last year's Senate bill they would mandate a higher standard that
would
preclude many immigrants from qualifying. It also is not clear whether
legalized workers would be denied the right to collect the same social
security benefits as other lawfully present immigrants and citizens.
Last
year the Senate rejected a proposal that would have prevented legalized
immigrants from receiving their full earned social security benefits
upon
retirement or disability, even after becoming citizens, by preventing
them
from getting credit for money they paid into the system before
legalizing.
Labor protections: Although the summary refers to increased labor law
enforcement, this appears to be largely or solely in relation to the new
worker visa program. The summary does not include reform of the
provisions
in current immigration law that undermine labor protections for U.S. and
immigrant workers; it does not address the gaps in anti-discrimination
protections for immigrant workers; and it does not include improved
enforcement of labor laws, which is the most effective enforcement
strategy
available to reduce future unlawful immigration.
New worker visa program: The STRIVE Act represents an effort to legalize
the
flow of workers into the U.S. by shifting the estimated 500,000 who
currently enter without documents into legal channels. It would do so by
(1)
removing some of the features of current law that restrict access to
permanent family and work-based immigration, and (2) creating a new
worker
visa system that is intended to avoid the deeply problematic experience
with
current guestworker programs. Among the essential features of any such
system, in addition to full labor rights, are "portability, " the
ability of
the temporary workers to quit their job and find another without losing
their legal status, and "path to citizenship, " their ability to adjust
to
permanent status either by having their employer submit a petition or by
petitioning on their own behalf after residing here for at least 5
years.
Unfortunately, the new system does not appear to provide full
portability.
Workers with visas under the new program would not be able to work for
any
employer, but only for those who comply with paperwork and recruiting
requirements designed to ensure that U.S. workers are hired before any
worker visa holders can be considered. This requirement could make it
extremely difficult for a worker to find employment with a new employer
other than the one who initially petitioned for the worker. A new worker
visa holder who is unemployed for more than 60 days would be required to
leave the U.S.
Employment verification: The provisions outlined in the summary appear
to
improve the workability of the employment verification system compared
with
the version that passed the Senate last year. However the summary refers
to
a reduction in the number of documents that employers can accept. A
certain
amount of reduction from the current 29 acceptable documents would be
reasonable, but not unless all work authorized individuals would have at
least one of the required documents. Most troubling, there is some
indication that the system might rely on REAL-ID compliant drivers'
licenses. As of now, there are no such licenses, and the states are in
revolt against the new requirements because they are costly,
unreasonable,
and unworkable.
Reduction of due process protections: Numerous provisions in the bill
increase immigration penalties or appear to affect the ability of
immigrants
to obtain relief when the government mistakenly moves to deport them.
These
include the expansion of expedited removal without the right to a
hearing,
affirming the authority of local law enforcement agents to enforce
immigration laws, adding more criminal penalties for immigration
violations,
and expanding the criminal grounds of removal. It is impossible to
evaluate
these changes fully without examining the language of the bill.
We at NILC are pleased that the process has now begun. We remain hopeful
for
a good outcome this year, despite the obstacles and despite our
awareness
that any comprehensive bill with a chance of enactment in this or any
year
be deeply flawed. We continue to believe that there is an urgent need
for
reform because the current system is unworkable and unjust, and
deteriorating. We are mindful of the accelerating efforts to enact
anti-immigrant legislation at the state and local levels, and of the
suffering, indignity, and deaths that are caused by the feckless but
increasing efforts to enforce current unacceptable laws. It is now up to
other members of Congress to do what is necessary to take advantage of,
and
hopefully improve upon, the foundation that has been laid by
Representatives
Gutierrez and Flake.
____________ _________ _________ _________ ______
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