New York Times
By Alicia Parlapiano and Julia Preston
June 23, 2013
Border Security
A focal point of the legislation. Republican senators insisted on stricter measures to secure the border with Mexico before they could support the bill.
What’s in the bill
Would require the Department of Homeland Security to submit new plans to Congress within six months to increase border agents and surveillance and extend fencing, before any undocumented immigrants could begin the path to citizenship.
After five years, if the border authorities have not expanded surveillance across the southwest border and reached 90 percent effectiveness in stopping illegal crossers, aborder commission would be formed to advise on further efforts to achieve those goals.
After 10 years, if the border plans are fully operational, formerly illegal immigrants could obtain green cards, the main step on the path to citizenship. No specific security standard, or trigger, is required.
Would create an exit system to confirm the departure of foreigners at airports and seaports.
Latest from both sides
Several border amendments with tougher security triggers were tabled on the Senate floor. Two Republican senators, Bob Corker and John Hoeven, reached an agreement on an amendment they hoped would ease concerns of some in their party and gain bipartisan support.
“For people who are concerned about border security, once they see what is in this bill, it is almost overkill.”
Senator Bob Corker Republican of Tennessee, referring to his proposal
“This amendment will put to rest any remaining credible concerns about the border, about border security.”
Senator Harry Reid Democrat of Nevada
Major amendments
The latest bill incorporates the Corker-Hoeven plan increasing financing to double border patrol forces and complete 700 miles of border fence. No fixed border security standard, or trigger, on the path to citizenship.
Sponsored by Senator Patrick J. Leahy, Democrat of Vermont
Vote scheduled for Monday evening
Require a trigger of a 90 percent apprehension rate of illegal crossers across the border before immigrants on the path to citizenship could obtain green cards.
Sponsored by Senator John Cornyn, Republican of Texas
Amendment tabled, 54-43
Require effective control of the borders for six months before any undocumented immigrants could apply for provisional legal status.
Sponsored by Senator Charles E. Grassley, Republican of Iowa
Amendment tabled, 57-43
Tighten security requirements and require Congress to vote every year for five years to confirm the border was secure, while illegal immigrants gradually advance on the path to citizenship.
Sponsored by Senator Rand Paul, Republican of Kentucky
Amendment tabled, 61-37
Require a new biometric entry and exit system at every sea, air and land port before any undocumented immigrants could gain legal status.
Sponsored by David Vitter, Republican of Louisiana
Failed, 36-58
Require construction of 350 miles of double-layered fencing before illegal immigrants could gain provisional legal status and an additional 350 miles before those immigrants could obtain green cards.
Sponsored by Senator John Thune, Republican of South Dakota
Failed, 39-54
Potential for House passage
House Speaker John A. Boehner has said he would not bring any immigration bill to the floor unless it had the support of a majority of House Republicans. “One of our principles is border security,” he said. “I have no intention of putting a bill on the floor that the people in this room do not believe secures our borders. It’s not going to happen.”
Legalization
Democrats and many Republicans have generally embraced a path to citizenship for illegal immigrants. Conservatives sought to tighten restrictions limiting those immigrants from receiving federal benefits and to strengthen provisions requiring them to pay back taxes.
What’s in the bill
Includes a path to citizenship for 11 million undocumented immigrants that would take a minimum of 13 years.
After passing background checks and paying fees and back taxes, immigrants could gain provisional legal status. After 10 years, and only when the current backlog of visa applications is cleared, formerly illegal immigrants could apply for green cards. After three years with green cards, those immigrants could apply for citizenship.
A faster track would be available for young illegal immigrants who came here as children and for agricultural workers.
Latest from both sides
Jeff Sessions has been one of the leading opponents of the legislation, calling it dangerous for security and devastating for American workers.
“This bill guarantees three things: amnesty, increased welfare costs, and lower wages for the U.S. work force. It would be the biggest setback for poor and middle-class Americans of any legislation Congress has considered in decades.”
Senator Sessions Republican of Alabama
“Under our bipartisan statement of principles, those who are in our country illegally will be given a chance to earn their citizenship if they meet a number of conditions. That process will be tough, but fair.”
Senator Richard J. Durbin Democrat of Illinois
Potential for House passage
A bipartisan group in the House has agreed on a bill that includes a path to citizenship for undocumented immigrants, though it is expected to be longer. That bill has not been introduced.
Legal Immigration
The bill would create a new merit-based point system, shifting the priority over time from family-based immigration to grant about half of all visas each year based on job skills. Republicans sought to limit what they called family chain migration.
What’s in the bill
Would make more family and employment-based visas available to reduce the current backlog.
Would create a new merit-based point system for future immigration, based on education, current employment, job skills and family ties.
Would allow immediate immigration for spouses and children of green card holders.
Would eliminate the diversity visa lottery and the current green card category for siblings of citizens, and require that married sons and daughters of citizens seeking green cards be under 31 years old.
Latest from both sides
Senator Leahy, chairman of the Judiciary Committee, favors an amendment to allow American citizens and current green card holders to apply for green cards for same-sex foreign spouses. He withheld it in committee but has offered it during the debate in the full Senate.
“Seeking equal protection under our laws for the LGBT community, is the right thing to do. I withheld my antidiscrimination amendment during the Senate Judiciary Committee markup. As the entire Senate turns to debate the immigration bill, the fight for equality must go on.”
Senator Leahy Democrat of Vermont
“To try to redefine marriage within the immigration bill would mean the bill would fall apart.”
Senator Lindsey Graham Republican of South Carolina
Potential for House passage
The same-sex spouse measure has little chance of gaining support from House Republicans.
Interior Enforcement
Lawmakers broadly agreed on a nationwide mandatory system to verify the work authorization of new hires, to prevent illegal immigrants from taking jobs.
What’s in the bill
Within five years, would require all employers to use a federal electronic verification system to determine that all newly hired employees, including American citizens, are authorized to work.
Latest from both sides
Some Democrats and Mr. Paul of Kentucky have expressed concerns about expanding the system, called E-Verify. Marco Rubio of Florida, one of the eight senators in the bipartisan group that wrote the legislation, has said the provision was necessary to discourage future illegal immigration.
“Over time, this could become a single, national, searchable database of vital biographic information and photographs of nearly every American. I want to make sure we embed privacy protections in the system, both in how it is built and administered so that data cannot easily be stolen, and also that the information is only used for legitimate purposes.”
Senator Chris Coons Democrat of Delaware
“Many of the opponents of this bill are people that have been filing E-Verify bills or have been supporting E-Verify bills for a long time. And the reason is that we understand fundamentally that the driver of illegal immigration are jobs that are available in the United States.”
Senator Marco Rubio Republican of Florida
Potential for House passage
Republicans and Democrats in the House bipartisan group agreed to a provision requiring a national E-Verify system to be operational within five years, or formerly illegal immigrants could lose their provisional status. A separate E-Verify bill, which does not include any legalization provisions, was introduced by Republicans on the House Judiciary Committee.
Temporary Visas
Technology companies want more visas for highly skilled workers. Democrats have been concerned that foreigners would take tech and engineering jobs from Americans. Businesses also seek low-skilled seasonal laborers, and growers want more farmworkers.
What’s in the bill
Would increase limits for temporary high-skilled H-1B visas to 115,000, rising to a maximum of 180,000, from the current 65,000 per year.
Would create a new temporary “W” visa for low-skilled workers, offering 20,000 visas in the first year, increasing to 75,000 annually and possibly higher, based on the labor market.
Would create a separate W visa program for agricultural guest workers.
Would create a new three-year visa for entrepreneurs who start companies in the United States.
Latest from both sides
Amendments to the H-1B program by Senator G. Orrin Hatch, Republican of Utah, were added in committee. Senator Patrick J. Toomey has proposed a higher cap on low-skilled worker visas. The level was agreed to in negotiations between the A.F.L.-C.I.O. labor federation and the U.S. Chamber of Commerce.
“But I will tell you if we do not raise the caps for low-skilled workers who want to come to this country then the next wave of illegal immigration is guaranteed regardless of what we do at the border.”
Senator Toomey Republican of Pennsylvania
“The strength of the consensus across America for just reform has afforded us the momentum needed to forge an agreement in principle to develop a new type of employer visa system. We expect that this new program, which benefits not just business, but everyone, will promote long overdue reforms by raising the bar for existing programs.”
Richard L. Trumka A.F.L.-C.I.O. president
Potential for House passage
House members disagree over guest worker visas, with Democrats favoring the Senate plan supported by business and labor organizations, and some Republicans seeking more visas than labor would like.
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