|
|
Senators John Cornyn (R-Texas) and Jon Kyl (R-Ariz.) introduced a new comprehensive immigration reform bill on July 19. According to a news release by the American Nursery & Landscape Association (ANLA), the bill is heavy on enforcement provisions and “offers no realistic path to permanent residency for unauthorized immigrants living and working in the U.S.”
So far, the “Comprehensive Enforcement and Immigration Reform Act of 2005,” S. 1438, has had a cool reception from business, immigrant rights and Hispanic groups. The bill contains sections on treatment of undocumented workers, a proposal for a new temporary worker program and enforcement options as follows:
TREATMENT OF UNDOCUMENTED WORKERS. The bill establishes a program called “mandatory departure,” which applies to undocumented workers who have had continuous unlawful presence in the U.S. for 12 months as of July 19. They must be employed, pass a health and background check, please guilty to being unlawfully present and deportable, report any Social Security number used without authorization, and turn in any fraudulent documents in their possession. Those who leave the country immediately can reenter legally if they qualify for a visa. Those who want to stay and keep working will have to pay a fine after one year that begins at $2,000 and increases by that amount every year through year five. They will be ineligible to obtain permanent residency while in the U.S. If they fail to leave the U.S. after year five, they will revert to undocumented status.
TEMPORARY WORKER VISAS. S. 1438 establishes a new “W Visa” program for temporary workers. Employers are required to offer jobs to any qualified, willing U.S. worker first, and to provide working conditions that will not “adversely affect” those of similarly situated workers. ANLA notes that this is the same language that spawned the non-market “adverse effect wage rate” under the current H-2A program. It requires that workers pass a background and health screen. The visa lasts up to two years at a time. After two years are completed, the visa holder must return home for one year before coming back to the U.S. The W visa can be renewed twice for a total of six years of work authorization over a period of eight years. The bill holds FICA contributions in an investment account until the temporary worker returns home permanently.
ENFORCEMENT. The bill authorizes 10,000 new investigators dedicated to worksite enforcement, 10,000 new border patrol agents, and increase other related customs, border and judicial officials. It increases penalties for misuse of Social Security numbers. It mandates universal employer participation in a new electronic work authorization system within 12 months of the bill’s enactment. Every worker (including U.S. workers) must obtain a new Social Security card in order to participate.
ANLA says most business groups have offered limited praise to the bill’s authors for contributing to the growing debate on immigration reform, yet criticized the bill’s details. “One of the biggest risks of the bill’s ‘work to leave’ provision is that capacity-building for processing these workers’ departures, and the entry of new temporary workers, will not happen fast enough to create a smooth and reliable system,” ANLA says in its news release. “Presently, with roughly 100,000 low-skilled temporary workers from Mexico entering the U.S. annually through the H-2 programs, severe delays could occur at peak seasons. Whether millions of undocumented workers could be processed here, their departure managed and their reentry into the U.S. facilitated in a timely fashion is highly questionable.”
The Cornyn/Kyl bill does not cover agriculture, though it does include a placeholder suggesting that agriculture must be addressed. Finally, ANLA says the bill rapidly imposes mandatory electronic verification of employment eligibility, noting concerns that while the basic pilot verification system appears to function well, it is not widely used and a nationwide mandatory system would be difficult to implement without major delays and uncertainty.
The full text of the Bill is available on the Thomas Legislative Web site by clicking here. Questions may be directed to ANLA Senior Director of Government Relations Craig Regelbrugge at 202/789-2900.