MacElree Harvey Resources - Immigration Reform: The Debate Continues

Leonard J. Rivera, Esquire
Timothy F. Rayne, Esquire

Senate bill expands on last year's House bill to include new options for illegal immigrants; now a final compromise must be reached

On May 25, 2006, the U.S. Senate voted 62 to 36 to approve its "Comprehensive Immigration Reform" legislation. The Senate bill offers a full package of reforms, including provisions for border security, employer accountability, temporary workers and, most significantly, new options for the treatment of illegal immigrants. President Bush supports the Senate's bill, but ultimate passage will require the approval of the U.S. House of Representatives. The House's immigration reform bill, passed in December 2005, includes only border security and criminal provisions, without any relief for the estimated 12 million workers present illegally in the United States.

The following is a comparison of the major provisions of the Senate and House bills:

The Senate Bill
Border Security Provisions:

Provides additional border patrol agents, detention facilities and new border fencing.

Permanent Residency and Guest Worker Programs:

Allows illegal immigrants who have been in the country five or more years to remain, continue working and eventually become permanent residents after paying $3,250 in fines and back taxes, and learning English.

Requires illegal immigrants in the United States between two and five years to go to a point of entry at the border and file an application to return.

Requires illegal immigrants in the country for less than two years to leave.

Establishes an Immigrant Farm Worker program for 1.5 million workers and 200,000 new Temporary Guest Workers per year.

Increases the number of visas issued for skilled workers.

Employer Accountability:

Establishes an Electronic Verification System for employers to check immigration status of employees.

Fines employers up to $20,000 for hiring illegal workers with jail time for repeat offenders.

The House Bill
Border Security Provisions:

Increases border fencing.

Establishes mandatory sentencing for smuggling illegal immigrants and re-entering the United States illegally after deportation-making illegal presence in the United States a felony.

Mandates no relief for undocumented workers.

Permanant Residency and Guest Worker Programs:

Does not establish Permanent Residency or Temporary Guest Worker programs.

Creates criminal penalties for anyone assisting someone to enter or remain in the United States illegally.

Employer Accountability:

Establishes an Electronic Verification System for employers to check immigration status of employees (same as the Senate bill).

Fines employers up to $40,000 for hiring illegal workers (up an additional $20,000 from the Senate bill), and to up to 30 years in prison for repeat offenders.

Other:

Makes drunk driving a deportable offense.

Representatives of the Senate and House, along with officials from President Bush's administration, are currently attempting to reach a compromise on immigration reform legislation. However, just this week the House leadership decided to hold additional hearings on immigration reform which will likely delay any action until September and, perhaps, after the November elections. Only time will tell whether Congress can pass a bill that is truly comprehensive-addressing border security, permanent residency, guest worker and employer accountability issues.

Click here to view Tim Rayne's biography.
Click here to view Leonard Rivera's biography.

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At a glance
Comprehensive Immigration Reform

On May 25, 2006, the Senate voted to approve its "Comprehensive Immigration Reform" legislation, which offers provisions for border security, employer accountability, temporary workers and, most significantly, new options for the treatment of current illegal immigrants.

The House of Representatives passed an immigration bill in December 2005 that includes only border security and criminal provisions, without any relief for illegal immigrants.

In order to move forward with immigration reform legislation, a compromise must be reached between the Senate and the House.