President Barack Obama has voiced his support for a comprehensive immigration reform (CIR) proposal announced on April 29, 2010. The proposal, known as Real Enforcement with Practical Answers for Immigration Reform (REPAIR), is a framework of ideas for immigration reform. This proposal has not yet been introduced in the form of a proposed bill, but is potentially a significant step toward, establishing a framework and consensus for CIR. We remind MurthyDotCom and MurthyBulletin readers that proposals for reform and pending legislation are not changes in the law; they are efforts to create a future change in the law. [For details on this subject, see How a Bill Becomes a Law, available on MurthyDotCom.]
President Refers to Misguided State and Local Laws
The President's statement emphasized the responsibility of the federal government for immigration law enforcement and border security. He referred to the continued failure of federal efforts to fix the immigration system as leaving the door open to inconsistent state and local laws, referring to these measures as "often misguided" - a clear reference to Arizona's recent controversial immigration enforcement measures. [Follow reaction to - and our analysis of - Arizona's new law on the MurthyBlog.]
President Praises the REPAIR Proposal
The President praised the REPAIR proposal, characterizing it as bipartisan and grounded in principles of responsibility and accountability. The President's statement focused primarily on problems of illegal immigration, rather than legal immigration, in supporting tougher penalties for employers of unauthorized workers.
Eight-Year Timeframe for Undocumented Foreign Nationals & Backlogs
The twenty-six page REPAIR proposal contains an eight-year timeframe for addressing matters related to undocumented foreign nationals in the United States. It involves a registration process for undocumented foreign nationals, an interim legal status, followed by potential eligibility for adjustment of status to permanent residence. The eligibility of undocumented foreign nationals to obtain permanent residence is intended to occur after current family and employment permanent residence backlogs are cleared. The proposal contains provisions to facilitate clearing the existing backlogs within eight years.
Enforcement with Increased Border Security
The proposal sets benchmarks for securing the border during the eight-year period following enactment of CIR. The measures include increased Customs and Border Patrol (CBP) officers and Immigration and Customs Enforcement (ICE) personnel. In addition to personnel increases, the proposal supports additional technology, weapons, training, vehicles, and equipment.
The proposal provides for the creation of a commission to monitor border security and issue recommendations for additional legal changes. At some point, when border control has been more fully addressed by the federal government, state and local governments would not be permitted to enact immigration laws.
The enforcement provisions include expanded entry / exit systems to monitor those who overstay their permitted admission to the United States. It creates new crimes for certain immigration-related document fraud and increases immigration consequences for fraud and misrepresentation. Other measures target human smuggling and trafficking in humans and provide for additional biometric screening at ports of entry.
Employers Must Comply with Employment Verification
As part of the immigration enforcement efforts aimed at employers, the proposal includes biometrics in the employment verification system requirements. The changes involve a fraud and tamper resistant social security card containing a photograph and biometric data. Employers will have to verify employment eligibility for all newly hired employees using the electronic employment verification system.
Legal Immigrants : Employment-Based Immigration Benefits
As mentioned, the eligibility of undocumented foreign nationals to normalize their status would occur after clearing existing family and employment backlogs. As most of our readers know, these backlogs exist due to strict annual limits on the numbers of foreign nationals who can obtain permanent residence. This is not simply a delay in processing cases or paperwork.
Students with U.S. Masters or Higher Education
Foreign students with advanced degrees (masters or higher) from U.S. educational institutions in science, technology, engineering, or mathematics (STEM) disciplines would be eligible for immediate permanent residence, based on an employment offer in the respective field.
Limitations, Per-Country Quotas, and Other Areas of Proposed Change
Under the proposal, there would be new, stricter requirements for H1Bs. These provisions include limiting the number of H1B and L-1 employees permitted for a single employer.
As part of the effort to clear out the long backlogs in employment-based permanent immigration, the proposal would eliminate per-country limits. These quotas cause significantly greater waiting times for applicants from countries with high rates of immigration, such as India and China.
Another significant change is the authorization of the recapture of unused immigrant visa numbers from prior years. This would add to the available visa numbers and allow for clearing backlogged cases. Separately, there are revised provisions for temporary lower-skilled and agricultural workers.
The proposal intends to resolve the family-based case backlogs over the eight-year period. To accomplish this goal, spouses and children of lawful permanent residents will be reclassified, and the per-country caps will be raised. After the eight years, the limits will return to their current levels.
New Options for Physicians, Nurses, and Physical Therapists
In addition to the benefits discussed above, the proposal carries measures intended to address the healthcare needs of the United States. These measures include the creation of new immigration options for nurses and physical therapists, as well as provisions that would facilitate immigration benefits for physicians.
Mandatory Registration of Undocumented Foreign Nationals
As mentioned above, undocumented foreign nationals would have to register. They would undergo security screenings and background checks. Once these steps are complete, they potentially would be eligible for a temporary status. Ineligible individuals would be placed in removal (deportation) proceedings.
Eight years later, after clearing current backlogs in the family and employment categories, the previously-undocumented foreign nationals registered as described above, would be eligible to apply for permanent residence. There would be specific conditions including language requirements, payment of taxes, continuous residence in the U.S., and further background checks.
Conclusion
The proposal includes a broad range of provisions, both for enforcement and immigration benefits. Immigration reform continues to be highly controversial. It is likely that there will be extended debate as the details of any proposals work through the legislative process. No one should depend upon such changes. Clearing existing backlogs in family- and employment-based cases, however, is a key provision. Thus, it is possible that there will be benefits available to those who have cases within the family- or employment-based permanent immigration process IF and WHEN CIR passes. Updates on this important topic will be shared with MurthyDotCom and MurthyBulletin readers as it is made available.
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