A major new piece of comprehensive immigration legislation was introduced in the House of Representatives on March 23rd that would offer undocumented persons here a chance at gaining legal status. The proposed law was introduced by Representatives Luis Gutierrez (D-Ill) and Jeff Flake (R-AZ), but it has bi-partisan support. It has been named the “Strive Act” (Security Through a Regularized Immigration and a Vibrant Economy Act of 2007).
In addition to including a number of enforcement measures to toughen the borders, the new proposed law creates a program providing nonimmigrant status for undocumented immigrants and their spouses and children in the U.S. for up to six years. The status would provide these presently undocumented persons with work and travel authorization and protection from removal. Persons presently in removal proceedings, facing removal, or ordered to depart voluntarily would have an opportunity to apply for this status.
The law would apply to all undocumented persons who can prove they have been in the U.S. since January 2006 – a cut-off date two years later than the McCain-Kennedy bill approved by the U.S. Senate last year. Excluded from the legalization would be those convicted of a felony or three misdemeanors.
The law also provides these applicants and their family members with an opportunity to apply for lawful permanent resident status. Like last year’s proposed legislation, applicants would have a long wait for the green card – most likely at least six years or more. The law states that persons currently waiting in immigrant backlogs for their permanent residence would be ahead of undocumented applicants in the line.
In order to qualify for a green card, those now undocumented would have to do the following in addition to the normal requirements of permanent residence:
- Maintain employment during the six-year period prior to applying for their green card
- Pay a $1,500 fine plus application fees
- Meet certain English and civic requirements
- Pay all taxes.
Also, prior to actually getting their green card, persons now undocumented would have to leave the United States and re-enter. This provision apparently was inserted to answer the complaints of those who say immigration reform should not be an “amnesty” for those here “illegally”.
This bill contains a number of other positive elements:
- It would establish a reasonable guest worker visa, allowing for 400,000 worker visas to fill non-professional positions
- It would increase immigrant employment-based visas to help alleviate the immense backlog that exists
- It would virtually double the number of H-1B visas for professional workers
- It would provide more visas for family reunification
These provisions will be analyzed in more detail in my next article.
The chances that some immigration reform legislation will be enacted before the end of the year are very good. Neither political party wants to delay this issue until next year, which will be an election year. There appears to be consensus that some sort of legislation should be passed this year and it will likely contain a component of legalization for the undocumented.
Any bill passing the Congress will have to be approved by President Bush. The President has publicly stated his support for legislation providing a path to permanent residence for those here out of status presently.
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