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National
Network for Immigrant and Refugee Rights
Democrats’
Immigration Bill Promises Fairness
for Workers and Families: Oakland, CA – Representatives Luis Gutierrez (IL-D), Bob Menendez (NJ-D) and Senator Kennedy (MA-D) today introduced the Democrats’ immigration reform proposal, “Safe, Orderly, Legal Visas and Enforcment Act of 2004” or “SOLVE.” Unlike the immigration proposal outlined by President Bush in January, this proposal came in the form of a substantive legislative bill that addresses legalization, family reunification and an immigrant worker program with access to permanent residency. The National Network for Immigrant and Refugee Rights (NNIRR) joined other immigrant community, labor and advocacy groups in welcoming this initiative. NNIRR Director Catherine Tactaquin stated, “SOLVE is an important step towards genuine and fair immigration reform. Immigrant communities have been seeking access to permanent residency and more opportunities to unify families because doors have been closing on them for so many years. It’s been almost twenty years since we last saw a legalization program – it’s long overdue.” The new bill proposes access to legal status through “earned” legalization for undocumented immigrant workers currently in the U.S. It also specifies immigration law changes to address the backlog of potential immigrants seeking visas and would remove the barriers to visa applications, such as the “3 and 10 year re-entry bars” that have been added during the last decade. In a step to address the problems of worker abuse and exploitation that have characterized “temporary worker” programs, proponents of SOLVE are including labor protections, job portability and access to permanent residency in a new “future worker” provision of the legislation that would expand temporary worker options for low-skilled workers. In recent years, many immigrant workers and their families, desperate for work and economic security, have crossed the U.S.-Mexico border under conditions made even more dangerous by increased border security. The death of many migrants and their abuse at the hands of “smugglers” has emerged as a serious human rights crisis in the border region. Tactaquin added, “Although the legislation is unlikely to pass in this congressional session, we hope that after the this election-year proposal will come around for action and improvement in the next session. Many immigrant workers and their families, now and in the future, could benefit from new legislation that boldly addresses their needs as human beings and as members of our communities in this country.” “While we are very cautious about temporary worker programs, this future worker proposal promises remedies to the problems of abuse and exploitation that have historically plagued temporary worker programs. However, it is not a substitute for much-needed reform and expansion of our current legal immigration program.” Tactaquin noted that many migrant-receiving countries have been resisting programs that provide opportunities for legal permanent residency for migrants, despite the growing trends in international migration that include workers and their families. In the meantime, according to Tactaquin, “The Democrats need to work with their Republican colleagues to take immediate action on bipartisan proposals, such as the DREAM Act, which is still pending in Congress.” Undocumented immigrant students, many of whom have lived in the U.S. most of their lives, have been urging Republican leaders in Congress and President Bush to support DREAM, which would provide them with access to permanent residency and a future free from fear of deportation. The National Network for Immigrant and Refugee Rights was founded in 1986 among diverse immigrant community, faith, labor and othe rights advocate groups. It provides information and analysis, educational resources, community organizing and advocacy initiatives.
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National
Network for Immigrant and Refugee Rights TALKING POINTS on SOLVE: Introduced in Congress on May 4, 2004 by Representatives Luis Gutierrez (D-IL), Bob Menendez (D-NJ) and Senator Edward Kennedy (D-MA). * The introduction
of SOLVE is a positive step towards a comprehensive legalization program
for undocumented immigrants of all nationalities living and working
in the U.S. to access legal permanent residency. ### Bill Summary Democratic Comprehensive Immigration Reform OVERVIEW OF LEGISLATION EARNED ADJUSTMENT • Immigrants who have been here for five (5) or more years on date of introduction and can demonstrate 24 months in aggregate of employment (including self-employment) in the U.S. and payment of taxes would be eligible for legalization. The principal applicant's spouse and unmarried children under 21 are also eligible. These applications will be adjudicated outside the caps/numerical limitations • Grounds of inadmissibility related to undocumented status would be waived • Applicants shall undergo criminal background checks and medical examination, and register with the Selective Services. They shall also be able to travel and work with authorization while application is pending • Applicants shall demonstrate an understanding of English and civics, or be pursuing a course of study to achieve such understanding • The Department of Homeland Security (DHS) shall not use the applicant's information for any purpose other than to make a determination on the application, unless they have committed fraud or are a national security threat (confidentiality) • Bill provides for administrative and judicial review for denials of an application • Applicants here less than five years shall be eligible--after a background check-- for transitional status (TS) of 5 years, during which they shall be able to work with authorization and travel abroad. After 24 months of work in aggregate, they, too, shall be eligible for adjustment of status FAMILY REUNIFICATION AND BACKLOG REDUCTION • Immediate relatives will be exempted from counting towards the 480,000 ceiling on family-based immigrant visas and include immediate relatives of permanent residents • Per-country ceilings on visas: Immigrants waiting more than five years shall be allocated a visa outside the per-country limits • Unused family-based visas in any given year shall be "recaptured" and applied to future years without per-country limitations • The income test for the affidavit of support shall be reduced from 125% to 100% of the poverty level • The 3- and 10-year bars to re-entry shall be repealed Future Worker Program • Establishes worker visa programs (H-1D & H-2B) for workers in low-skilled positions (workers who qualify for other visas shall be excluded). 250,000 such visas shall be available for H-1D workers for a period of 2 years and renewable for 2 additional terms (6 years total). 100,000 such visas shall be available for H-2B workers for a period of 9 months and renewable for up to 40 months • Immediate family members may accompany the H-2B and H-1D visa holder, but will only be eligible to work if they, too, qualify for an H-2B or H-1D visa or other work visa • Worker could move to another H-2B or H-1D job after 3 months (job portability) • H-2B and H-1D programs shall include a path to permanent residency, wherein an employer could immediately petition for a worker upon initial employment or a worker could self-petition after 2 years of employment. These adjustment applications would be adjudicated outside the caps on visas • The Department of Labor must approve through a strengthened attestation process that U.S workers are not available and that the employment of foreign workers will not adversely affect the wages and working conditions of U.S. workers. Foreign workers can only apply for a job offer from an employer who has complied with DOL obligations. DOL shall also have the authority to enforce compliance with terms of program through inspections and audits (as well as complaints) • H-2B and H-1D workers shall be able to pursue a private right of action against employers who fail to comply with the provisions and requirements of the worker program • H-2B and H-1D job positions shall pay the prevailing wage, as determined in the shop's collective bargaining agreement, or, in its absence, under the Davis Bacon or McNamara-O'Hara Service Acts. If the job is not covered by these prevailing wage determinations, the prevailing wage shall be the mean of the highest 66% of the wage data provided by DOL's Bureau of Labor Statistics Occupational Employment Survey • Includes a Hoffman Plastics fix that would protect backpay, workman's compensation and other remedies that were undermined by the Supreme Court decision • A study of the H-2B and H-1D programs will be commissioned, to examine, among other issues, the appropriate labor market test to protect U.S workers and the appropriate wage calculation formula. The study will also evaluate the positive and negative impact of the programs, reassess the programs, and make recommendations to Congress |