Immigration Reform Take 3: Reid, Schumer, and Menendez

Yesterday, Democratic Senators Harry Reid, Chuck Schumer, and Bob Menendez released their proposal for immigration reform, and boy is it interesting.

To start off, it spends an impressive 17 out of 26 total pages on increased enforcement alone. In bold letters, the first subsection reads, “Securing the Border First Before any Action can be taken to Change the Status of people in the United States Illegally.”

But here's some things Arizona won't like: Customs and Border Protection officers will receive training to, among other things, accomplish border enforcement without engaging in racial profiling. And they won't let Canadian undocumented immigrants off the hook: “northern border cities will be treated just like their southern counterparts.” To make sure Arizona really gets the message, the proposal spells out: "states and municipalities will be prohibited from enacting their own rules and penalties relating to immigration, which could undermine federal policies.” However, it also allows (hence silently supports) the continuation of the deeply flawed 287(g) program at the state and local level.

Then, the provision guaranteed to cause the most controversy: within 18 months of enactment, the Social Security Administration will begin issuing biometric social security cards that are “contain a photograph and electronically coded micro-processing chip.” Within five years of enactment, this national ID will serve as the sole document for employment verification, and a new system with a spunky name is created: BELIEVE.

Finally, starting on page 18, we get reform — or do we?

One of the more unique elements of the proposal authorizes the creation of the Commission on Employment-Based Immigration, which will have the power to declare an emergency in the immigration system. Yes, you read that right: a state of emergency, for whenever there are either too few or too many foreign workers floating around. America, like Goldilocks, wants it just right.

Green cards are made immediately available to foreign students with advanced degrees in the STEM (Science, Technology, Engineering and Math) fields, and who possess an offer of employment from a U.S. employer. The bill also includes the provisions of AgJOBS; for non-seasonal and non-agricultural workers, a provisional 3-year visa is created, with a possible path to permanent residency. However, the "guest-worker" provision toughens employer application requirements, thus simultaneously making it harder for foreign students and workers to benefit from these provisions.

On a positive note, the bill states “the family immigration backlog will be cleared over the course of 8 years,” although it neglects to mention just how that is going to happen. As of today, the longest of the immigration backlogs goes back to June 2001 for employment petitions, and an astonishing September 1987 for family petitions. How backlogs of one to two decades will simply be erased in eight years is beyond me. Oh, and after the backlog magically clears, numeric caps on family categories will be replaced.

Undocumented immigrants currently in the country will face a two-phase process: In Phase 1, those who come forward to be registered, fingerprinted, and screened will be considered for interim “Lawful Prospective Immigrant” (LPI) status that allows them to work and travel outside the U.S. Then, in Phase 2, which would begin 8 years after enactment (once those pesky backlogs have cleared), LPIs who are re-screened and meet all additional requirements can petition for adjustment to permanent resident status.

The Uniting American Families Act is (finally!) acknowledged through a provision that permits permanent partners of citizens and permanent residents to obtain legal status. On page 25, it is casually mentioned that the DREAM Act will be included. The last sentence also mentions reviews into the treatment of European Americans and Latin Americans during World War II, as well as the government’s refusal to allow Jews and others fleeing genocide entry into the U.S.

With a Democrat-only approach out of the gate and a skeptical President, especially after the debacle over health care reform, how will this bill move forward? What about the fact that this new proposal has emerged just two days before multiple May Day marches are set to happen across the nation? Where does climate change fit into the time line? In the next few days, maybe we'll begin to see some answers. In the meantime, I hope immigration and our climate don't just become pawns in the political game on the Hill.

Photo credit: No Borders and Binaries