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No easy answers on immigration reformSenate coalition critical to any progress this year By Sara Wyant For a nation built by so many immigrants, you might think the notion of reforming the nation's immigration laws would be fairly easy for most Americans to embrace. Instead, it's one of the most complex and polarizing issues in the country right now, often pitting neighbor against neighbor with distinctly different viewpoints. About the only thing that people agree on is that the current system is broken. By some accounts as many as 12 million immigrants are currently working in the U.S., often with falsified documents and creating financial and other burdens for schools and local support services. Millions more would like to cross our borders, and sometimes do in the dark of night or with the help of smugglers--adding to our national security risks. Of the USA's 1.6 million agricultural work force, more than half is made up of workers not legally authorized to work here-- according to a conservative estimate by the Department of Labor. Most private sector sources estimate that up to 75 percent of all farm workers are here illegally. "If we could round up and deport every illegal farm worker, that would be pretty much the end of American agriculture--the end of our safe, secure, home-grown food supply," explained Sen. Larry Craig, R-ID. "We need to bring these workers out of the shadows, out of the underground economy, and turn them into law-abiding workers. Farm organizations like the American Farm Bureau Federation and the National Milk Producers Federation are betting on the U.S. Senate to deliver a comprehensive immigration package and start dealing with some of these vexing farm labor challenges. Without approval in the Senate, the House of Representatives is unlikely to go out on a political limb and address this controversial issues, explains Austin Perez, AFBF's Director of Congressional Relations. "House Speaker Nancy Pelosi said she won't even bring a bill to the floor unless at least 70 Republicans support the measure," he adds. "So if this dies in the Senate, that's it for several years." Senate coalition key A bipartisan, yet fairly fragile coalition, led by Sen. Edward Kennedy, D-MA, Sen. John McCain, R-AZ, and a host of others, developed a package that appeased some of the most strident critics of immigration reform while drawing criticism from across the political spectrum. The agreement melds conservatives' top objectives--tougher border security and an immigration system based more on economic needs than family connections--and that of liberals--the legalization of an estimated 12 million unlawful immigrants. The legislation would gradually change a 1965-era system based largely on family ties, into one that favors high-skilled and highly educated workers who want to become permanent residents. In the future, low-skilled workers would largely be channeled to a vast new temporary program, where they would be allowed to work in the United States for three stints of two years each, broken up by one-year stays in their homeland. After that backlog is cleared, a slowly increasing number of permanent visas would be approved through a merit system, based on points granted for English language proficiency, level of education and job skills, among other factors. Siblings and adult children of legal immigrants will no longer be able to apply for visas, and visas for parents of United States citizens will be limited to 40,000 a year. President Bush said that the measure "will improve security at our borders. It will give employers new tools to verify the employment status of workers and hold businesses to account for those they hire." The White House is working hard to drum up support for the measure, especially among Republicans who voted against an immigration overhaul last year. President Bush is still hoping to sign the bill by summer's end, said Tony Fratto, a White House spokesman. Highlights of the negotiated bill, include: Illegal immigrants: All illegal immigrants would immediately receive a probationary visa that would allow them to work. For those who arrived before Jan. 1, 2007, they would have one year to come forward, submit an application, be fingerprinted and undergo a background check. If they pass the background check, they would be eligible for a "Z" visa for a $5,000 fee, which could be paid in installments and could cover a family. They would be eligible for a green card after the background check clears, but would be subject to a separate merit-based system. Temporary workers: The bill would establish a guest worker program for future immigrants, broken into three categories: non-seasonal (Y-1); seasonal (Y-2A and Y-2B); and spouses and minor children (Y-3). Non-seasonal workers would be admitted for a two-year period and could renew their visa twice if they spend at least one year outside the U.S. between the two-year periods. A non-seasonal worker accompanied by dependents would get a two-year seasonal visa that is not renewable. Seasonal workers would likely qualify for 10-month visas. There is an initial cap of 400,000 for the Y-1 visa program, with annual adjustments based on market fluctuations. Green card distribution: Within eight years, the estimated 4 million families in immigration backlog before May 2005 would be addressed immediately and processed. The plan is to distribute 1.1 million family-based and 140,000 merit-based visas annually. After the backlog is cleared, there would be about 550,000 family visas and 380,000 merit visas issued each year, which would be subject to a point system. The system would consist of 100 total points, with half coming from employment criteria and other points coming from education, English-speaking ability and family connections in the U.S. Triggers and border security: The Homeland Security secretary would have to certify that certain border security "triggers" are met before the Y guest worker or Z visa programs could begin, including hiring 18,000 new Border Patrol officers; constructing 200 miles of vehicle barriers and 370 miles of fencing; the cessation of "catch and release" policies that quickly turn detained illegal immigrants free; and the implementation of "secure and effective" identification tools to prevent employers from hiring illegal workers. Criminal penalties: The bill would increase penalties and toughen laws for the detention of criminal aliens, gang violence, and passport, visa and immigration fraud. Employment verification: All employers would be required to electronically verify the legal status of all new hires within 18 months of enactment or on the date the Homeland Security secretary certifies the identification system is operational. All current employees would have to be verified within three years of enactment. Employees would have to present their Social Security number and either a passport, a driver's license obtained under the Real ID law or a tamper-resistant identity card. As we went to press, several senators were lining up to offer amendments that, if passed, could drastically change some of these provisions and break apart key supporters. Even though groups like the American Farm Bureau Federation say the compromise package is far from perfect, they are working to keep the coalition intact and move the bill forward. It is critical that lawmakers continue the process of moving this legislation forward in the Senate, and bring us one step closer to enactment of a new law this year, noted AFBF President Bob Stallman in a statement on this issue. "The legislation being considered by the Senate addresses some of the critical labor issues facing farmers and ranchers. We will work within the process to address some of the additional long-term labor needs facing agriculture. U.S. agricultural production worth nearly $10 billion is at risk if our nation's immigration system is not properly fixed." Editor's note: Columnist Sara Wyant is president of Agri-Pulse Communications, Inc. and publishes a bi-weekly newsletter, Agri-Pulse, on food and farm policy. For more information, you can e-mail her at Agripulse@aol.com. B 7 6/11/07 1 Star WK Date: 6/7/07
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