Wednesday, May 22, 2013

Senate Judiciary Committee Approves Immigration Bill

After intense debate, the Senate Judiciary Committee approved the "Gang of 8" immigration reform bill. Now that it has been approved in committee, it will go to the entire Senate for approval.

The committee debated over two hundred amendments to the bill, and compromised on some important points. The main purpose of the bill, to provide a path to citizenship for undocumented immigrants, remains in the text. However, the availability of this pathway is conditioned on the success of border security measures. Technology companies cheered a provision that would increase the number of H-1B technical worker visas allowed each year, while labor unions opposed the measure. 

The bill does not include a provision that would have allowed gay and lesbian U.S. citizens to petition for their same-sex spouses to gain status. Judiciary Chairman Patrick Leahy wrote the amendment, but withdrew it amid fears that Republicans would use it to block the passage of the bill.  Multiple senators expressed great regret at the decision to remove the amendment, with Sen. Chuck Schumer calling it "rank discrimination" to treat same-sex spouses differently under immigration law. Although this amendment will not be included in the language of the bill, there is a possibility that same-sex spouses could receive the same immigration opportunities as opposite-sex spouses currently do, if DOMA is overturned in the Supreme Court.

Some harsh provisions were removed from consideration, including Senator Ted Cruz's suggestion of barring immigrants for life from receiving public assistance.  Senators also added some measures to protect immigrants' rights, such as a ban on raids in schools, hospitals and places of worship.

Glickman Turley's attorneys are closely following the debates in Congress. We are thinking ahead about options for our clients under the new laws. Contact us today if you have immigration questions.