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.

First Draft of Immigration Reform Bill

On Wednesday this week, a bipartisan group of Senators filed an 844 page immigration bill on the Senate floor, setting the stage for months of public debate over the proposal.  The bill, called the Border Security, Economic Opportunity and Immigration Modernization Act of 2013, is complicated and full of mechanisms meant to tackle border security, the allocation of visas, methods of employment verification and the much-debated citizenship path.

The first part of the bill focuses on border security with the stated goal of achieving and maintaining effective control in high-risk sectors along the Southern border.  The bill would appropriate significant funding for border security, including revamping surveillance systems and detection capabilities, hiring additional border patrol agents, using unmanned aerial systems to patrol the border, and erecting additional fencing.

The second part of the bill addresses legalization and legal immigration.  The bill would allow undocumented immigrants to adjust their status to the legal status of Registered Provisional Immigrant (RPI).  An individual would be eligible if they resided in the U.S. prior to December 31, 2011 and maintained continuous presence since then.  RPIs would have to pay a $500 penalty fee (except for DREAM Act eligible students) and assessed taxes, in addition to the application fee.  Applicants would be ineligible if convicted of a felony, three or more misdemeanors or an offense under foreign law; if they had unlawfully voted; or if they are inadmissible for other criminal, national security, public health or morality grounds. 

Spouses and children of people in RPI status could derive status from the principal applicant, but would have to be living in the U.S. at the time of application.  Individuals currently in removal proceedings and with removal orders would be allowed to apply.  Interestingly, it also allows individuals outside of the U.S. who were previously here before December 31, 2011 and were deported for non-criminal reasons to reapply to re-enter the U.S. as an RPI if they were the spouse, parent or childe of a U.S. Citizen or Lawful Permanent Resident.

The proposed application period to apply for RPI status would be 1 year with the possibility of an additional 1-year extension.  RPIs would be allowed to work for any employer and travel freely outside of the U.S.  RPI status would last for a 6-year term and would be renewable so long as the immigrant did not commit any act that would render him/her deportable.  The RPI would have to pay another $500 fine in order to renew. 

After 10 years, RPIs would be able to adjust to Lawful Permanent Resident Status as long as they had maintained continuous physical presence, paid all taxes owed during the period they were RPIs, worked regularly in the U.S., demonstrated requisite knowledge of Civics and English, and paid a $1,000 penalty.  People in DREAM Act Status and the Agricultural Program would be able to get their green cards in 5 years.  DREAM Act children would be eligible for citizenship immediately after they got their green cards.

The bill addresses a number of other areas of immigration reform.  It purports to eliminate the backlog for family and employment-based immigrants.  It also establishes a merit based visa after 5 years of enactment.  The bill is far too dense to discuss it in full in this posting.  It is certainly a good starting point, but also something that needs to be discussed further, nurtured and improved upon.