Democrats' Blueprint for Immigration Overhaul

CQ Today Online News (April 29, 2010)


The 26-page "conceptual proposal" that Senate Democrats released Thursday follows the bipartisan framework outlined by Charles E. Schumer, D-N.Y., and Lindsey Graham, R-S.C., last month. Here is a summary of its major provisions:

Border Control

Initial benchmarks

· Increase personnel for border patrol, inspections, fraud detection and smuggling prevention.
· Improve technology, infrastructure and resources for border officials.
· Increase resources for prosecuting unauthorized border crossers, drug smugglers and human traffickers.

Longer-term measures

· Install high-tech ground sensors throughout the southern border.
· Create secure two-way communication capabilities among Border Patrol agents.
· Increase border resources, including sport utility vehicles, helicopters, boats, night- vision equipment and surveillance systems.
· Provide for use of Defense Department equipment at the border.

Law Enforcement

· Equip all ports of entry with biometric-identification technology.
· Amend laws to encourage illegal residents to depart voluntarily.
· Increase criminal penalties for selling or using false documents.
· Establish a policy of zero tolerance for future illegal entry
and reentry into the United States.
· Provide for the deportation of illegal immigrants in federal, state
and local prisons.
· During court proceedings, apply minimum detention standards that include making arrangements for the children of the detainee.

Employment Verification

· Direct the Social Security Administration to begin issuing fraud-resistant biometric Social Security cards within 18 months of enactment. The card would contain the individual's name, date of birth, Social Security number and unique biometric identifier.
· Require employers to use a new biometric enrollment system to verify work authorization.
· Increase fines for employers that knowingly hire or continue to employ workers not authorized for employment.
· Prohibit employers from deducting wages of unverified workers on their tax returns.

Path to Legalization

· Establish a broad-based registration program for all illegal immigrants living in the United States, allowing eligible individuals to earn legal status. For initial registration, the individual would have to pass criminal and security checks and pay all applicable fees and taxes. Eight years later, the individual could apply for lawful permanent resident status after paying all taxes and a fine; demonstrating basic citizenship skills, English-language skills and continuous residence in the U.S.; and passing updated criminal checks.
· Disqualify from the legalization program individuals who have been convicted of a crime or who pose a threat to national security.

Highly Skilled Workers

· Make a green card immediately available to foreign students who have advanced degrees from a United States institution in science, technology, engineering or mathematics if they possess an offer of employment in their field.
· Permit foreign students to enter the U.S. with immigrant intent if they pursue a full course of study at an institution of higher education in science, technology, engineering or mathematics.

Provisional Low-Skilled Workers

· Create a provisional visa (H-2C) for non- seasonal, non-agricultural workers.
· Require employers using the H-2A, H-2B and H-2C systems to conduct advance recruiting of U.S. citizens before hiring immigrants through the provisional visa system.
· Allow workers on provisional visas to earn lawful permanent residence if they meet specific integration criteria.

Other

· Permit permanent partners of citizens to obtain lawful permanent resident status.
· Address technical issues related to the immigration benefits of widows, orphans, stepchildren and adoptive children of U.S. citizens.

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