A project of the Center for Community Change

Hard Outline of Kennedy/Bush Deal- overview from Kennedy press conference and AILA

Many rumors have been flying around as to what is actually in the Kennedy/Bush deal. The outlines of the deal essentially include the following:  a legalization program for 12 million, but it includes an extreme touch back provision with a bad trigger, it does not include tiers; a Title II I understand is an improvement over S 2611; a Title III (employment verification) similar to S 2611, a Title IV (Guestworker) that denies a pathway to citizenship for the majority of guest workers and poor worker protections, and it would replace the family-based immigration system with a new merit-based point system.

Kennedy gave a few more details yesterday at his press conference, of course omitting some of the most worrisome and problematic agreements that were reached. AILA has put together a helpful overview of the legislation, though I warn you it may be a little difficult to follow. I’ve posted both of these summaries below, first Kennedy’s then AILA’s (just scroll down a bit- it is worth reading)

SEND ME AN EMAIL (nwells@communitychange.org), if you have any questions, or if you’d like help understanding some of these provisions/jargon- we’re always here to help!

1) Kennedy/Bush deal from Kennedy press conference yesterday:

Legalization

Eligibility: All undocumented people who arrived beofre Jan. 1, 2007 are eligible and will be given a work authorization immediately and then granted a “Z” visa and be on a path to permanent residence. (More people are eligible here than in S. 2611)

Touchback: Heads of housefold, with exceptions, must return to country of origin within 8 years, guaranteed back in.

Penalty: $5,000

Enforcement:

Double the border patrol, double interior enforcement, new border fence, New security perimeter, etc.

Triggers:

The guest worker program cannot begin until the enforcement provisions are in place. But legalization, Ag Jobs, and family backlog reduction can happen immediately.

Family Reunification:

Estimated 4 million families in the backlog before May 2005 would be reduced. This process would take 8 years. Proposal includes a point-based immigration system (akin to Australia or Canada).

Temporary Workers:

400,000 temporary workers per year will be welcomed. They enter on two year visas, and must return home for one-yera and then re-enter again for another two years. A worker may spend up to 6 years working in the US.

DREAM Act is included in this legislation.

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AILA’s overview of the Border Security and Immigration Reform Act 2007 (Kennedy/Bush Deal)

Border Security and Immigration Reform Act of 2007 

Title ITitle I requires the Secretary of Homeland Security to certify that the triggers are met before the Title IV (Guest Worker) and Title VI (Z visa ) programs can begin, with the exception of probationary status for Z workers and the programs for agricultural workers.Triggers include:18,000 (CBP) Border Patrol hiredConstruction of 200 miles of vehicle barriers and 370 miles of fencing70 ground-based radar and camera towers along the southern borderDeployment of 4 Unmanned Aerial Vehicles and supporting systemsThe ending of catch-and-releaseResources to detain up to 27,500 aliens per day on an annual basisThe use of secure and effective identification tools to prevent unauthorized work.The receiving and processing and adjudicating of applications for Z status.Title I also includes authorities and resources to augment border security including:physical infrastructure along the borderadditional field and investigative agentscomprehensive plans and studies of the border regionrevisions to law enforcement techniques and enhanced authorities. 

Title IITitle II provides for interior enforcement of immigration laws.The stiffening of laws and penalties relate to:the detention of criminal aliensthe definition of aggravated felonygang violencepassport, visa, and immigration fraud, including marriage fraudOther provisions include language regarding:Increased penalties for illegal entry and reentryencouraging aliens to depart voluntarilyprohibiting aliens from possessing firearmsalternatives to detentionstate and local law enforcement reimbursement and trainingthe streamlining of background checks for immigration status 

Title IIITitle III addresses workplace enforcement by increasing penalties, revising and making mandatory a system of electronic employment verification, and promoting information sharing.This Title designs a worksite enforcement system that relies on electronic employment verification and a reduced list of documents that may be presented to employers to prove identity and work eligibility.Also increases penalties significantly over current law for unlawful hiring, employment, and recordkeeping violations.Verification of employees: As of the date of enactment, employers in national security related industries, industries involving critical infrastructure, and federal contractors may be required to electronically verify employees, including new hires and/or current employees, with additional employers or industries added after 6 months.All employers would be required to electronically verify new hires within 18 months of enactment, or on the date on which the Secretary certifies that the system is operational.Once the system is implemented, all employers would be required to verify all current employees within by 3 years after enactment. Structure of the EEVS: After the date of hire but no later than the first day of employment, the employer must transmit to the EEVS via the Internet the data that the employer has taken from the worker’s identity and work eligibility documents.Inconclusive determinations: Where the EEVS cannot conclusively determine the status of a worker’s eligibility, a further action notice is issued and the individual must contact the appropriate federal or state agency to initiate resolution of status and the individual continues to work while the agency resolves his or her status.Final nonconfirmation: If the employer has received a final non-confirmation regarding an individual, the employer must terminate the employment of the individual, unless the individual files an administrative appeal of a final non-confirmation notice within 15 days.Data and Information Sharing: The Commissioner of Social Security must information to the Secretary of DHS regarding data contained within the Social Security database as in relates to employment verification.Fraud and tamper resistant social security cards: Not later than 180 days after date of enactment, the Commissioner is required to begin work to administer and issue fraud resistant, tamper-resistant Social Security cards. 

Title IVTitle IV establishes a new temporary Y worker program to address future labor needs of temporary foreign workers and discourage future illegal employment of undocumented individuals. The title also includes measures to protect the rights of U.S. and foreign workers and prevent the
U.S. employer from abusing the program.
Structure of new visa programs: This title creates a new future temporary worker program for workers who are coming to the U.S. to perform temporary job that the
U.S. employer is unable to fill. It provides for:
– non-seasonal Y temporary worker (Y-1 visa)seasonal temporary workerY-2A for agricultural workers, sheepherder, goat herders, and dairy workersY-2B for non-agricultural workers; and their spouses and minor children (Y-3 visa). Matching Willing Workers with Willing Employers: All Y workers must be matched to a “willing employers” through an electronic database in order to qualify for a Y worker visa.Families of Y visa holders: can only accompany Y workers if the worker can:show proof of valid medical insurance anddemonstrate that the wages of the principal Y nonimmigrant(s) are 150% above poverty level for the household size.Spouses and children who do not qualify for Y-3 visa may be admitted under other nonimmigrant status.Period of admission: A Y-1 worker can be admitted for a two year period that can be renewed twice if that worker spends a period of one year outside the
United States between each admission.
A Y-1 accompanied by dependents is afforded a single two year visa, non-renewable.Workers with Y-2A and Y-2B visa qualify for 10 month visas; no extensions may be granted.Permanent Bar: Y worker who fails to timely depart is permanently barred from any future immigration benefit.Wage: The employer must attest that the Y worker will be paid not less than the greater of the actual wage paid by the employer to all other similarly situated workers or the “prevailing competitive wage.”Numerical Limitation: The Y-1 visa program has an initial cap of 400,000 with yearly adjustments based on market fluctuations.There are no numerical limitations for Y-2A while the Y-2B visas are initially capped at 100,000 with yearly adjustment based on market fluctuations.The market-based fluctuation is adjusted every 6 months during the fiscal year.The Y-3 visa for spouses and minor children limit may not exceed 20% of annual limit for Y-1 visas.A newly created Standing Commission will make recommendations to Congress regarding the Y visa numerical cap for each fiscal year following the initial year of the program 

Title VTitle V restructures and rebalances the current system by which green cards are distributed.Rebalancing of Immigrant Visa Allocation: Resets the number of family-based, familybacklog, merit-based immigrants, and eventual Z immigration green cards.The family categories are less than under current law since several of the extended family categories are reduced, while the merit-based is increased over the current employment based levels after the processing of the family-based backlog.An annual total of 440,000 visas are allotted to process the backlog of family-based categories.It is estimated that the family backlog cases can all be processed in 8 years.An annual total of 10,000 visas are set aside for exceptional Y workers.Merit Based Points System: The current employment based green card system will be replaced by a merit based points system.Reducing Chain Migration and Permitting Petitions by Nationals: Elimination and reconfiguring of the following family-based preference categories:First: Unmarried Sons and Daughters of CitizensSecond: Unmarried Sons and Daughters of Permanent Residents other than spouses andminor children of permanent residentsThird: Married Sons and Daughters of CitizensFourth: Brothers and Sisters of Adult CitizensSets cap of 40,000 per fiscal year on category for parents of
U.S. citizens.
Sets cap of 87,000 per fiscal year on the second preference category for spouses andchildren of permanent residents.Elimination of Backlog: If the family-based visa petition in the eliminated category is filed before May 1, 2005, the petition can be processed under the prior law. 

Title VIThis title provides a new visa for most individuals currently living within the
U.S. illegally.
Creates a new four-year, renewable “Z” nonimmigrant visa to address theundocumented population within the
U.S.
The visa is split up into three groups: a principal or employed alien (Z-1); the spouse or elderly parent of that alien (Z-2); and the minor children of that alien (Z-3).
Cut off Date: In order to be eligible for this visa, one must have been illegally present within the
U.S. before January 1, 2007.
Fees and Penalties: To apply, an alien seeking Z-1 status must be currently employed and pay fees and penalties totaling $5,000 (less for derivative Z’s) to be eligible for a green card under the merit-based system.Probationary, the Permanent Z Status: Once an applicant submits a completed application, fingerprints, and is cleared by one-day background checks he will receive probationary benefits which can eventually be converted to a Z nonimmigrant status after all background checks are clear and the triggers set forth in Title I are achieved.LPR Status: A Z-1 nonimmigrant may adjust status to lawful permanent residence after the family backlog under Title V is eliminated if the Z applicant:Satisfies the merit requirements in the points schedule set forth in Title V.– files the application for adjustment in the Z-1’s country of origin andpays a penalty of $4,000.—-DREAM ACT: Individuals under the age of 30 that were brought to the
United States out of their own control as a minor are eligible to receive their green card after 3 years rather than 8.
  Title VIITitle VII includes a number of miscellaneous provisions involving assimilation, includingincreased funding for the office of citizenship and integration ($100M) 

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