Senate to Unveil Immigration Bill

By Debbie McGoldrick

THE thousands of Irish expected to travel to Washington, D.C. on Wednesday, March 7, to take part in the Irish Lobby for Immigration Reform’s rally on Capitol Hill could have a brand new bill to advocate for when they arrive, as the Senate will likely introduce legislation next week which offers a chance for legal status for undocumented residents of the U.S.

The Senate bill will once again be put forth by Senators Edward Kennedy and John McCain, architects of the measure which was passed by the chamber last year, but failed to gain traction in a House dominated by Republican hardliners opposed to an immigration reform package with legalization provisions for the undocumented.

“We are looking at introduction next week,” Laura Capps, a spokeswoman for Kennedy, told the Irish Voice on Tuesday. “It could possibly be the week after, but next week is what we are aiming for.”

The bill, according to sources, will resemble the original version of the Kennedy/McCain measure which was introduced in 2005 and included border control provisions, employer sanctions and legalization, a so-called “comprehensive” approach.

The original created a H-5B visa category which would have allowed undocumented residents in the U.S. on or before the bill’s introduction date of May 12, 2005 to apply for temporary legal status by paying a $1,000 fine and clearing background checks.

The bill would have also permitted temporary residents to apply for permanent legal status after six years by paying a further $1,000 fine, and all required U.S. income taxes.

Kennedy/McCain also created a new annual temporary worker program called H-5A which would allow for up to 400,000 employees to work in the U.S. for sponsoring employers.

The version of Kennedy/McCain that passed the Senate last year contained legalization and guest worker provisions that were curtailed after much heated debate. The bill created a tiered system of legalization based upon the amount of time an undocumented alien had resided in the U.S.

Those here for five years or longer would be eligible for legal status while remaining in the U.S., while those in the country for at least two years, but less than five, would have to travel abroad for visa processing. Those here less than two years would be required to leave the U.S. The bill also included an annual guest worker program.

Given the Democratic victory in the House and Senate elections last November, and President Bush’s continued support of immigration reform, Kennedy is confident that the drive now exists to get a bill passed in both the House and Senate.

“I look forward to introducing a comprehensive immigration reform bill with Senator John McCain and our House colleagues in the coming weeks and continuing to work with the bipartisan coalition behind the legislation that passed the Senate last year,” he said last Friday.

“We expect to have broad support from Democrats and Republicans, labor and business leaders, the religious community and immigration advocates. Everyone has had and will have an opportunity to be heard in the process. “With this new Congress and the continued commitment from the White House, the dynamics of passing a bill this year have improved. Our immigration system needs to be fixed and I am optimistic that this is the year we get the job done and get it done right.”

The Senate Judiciary Committee is due to convene on Wednesday, February 28 for an immigration meeting. Homeland Security Secretary Michael Chertoff is among those who will give testimony. He is expected to reiterate the Bush administration’s support for reform which will include both enforcement and legalization components.

After the Kennedy/McCain bill is introduced, it is expected to go before the Senate Judiciary Committee by the end of March, and be passed before the congressional spring recess in April.

Senate Majority Leader Harry Reid, a supporter of immigration reform, will then set a timetable to bring the bill to the full Senate floor for debate and a final vote. Sources say this could happen as early as May.

After the bill comes out of the Senate, the House, viewed as a tougher hurdle to climb for those in favor of comprehensive reform, will once again come into focus. Though Congressmen Jeff Flake and Luis Gutierrez will introduce a companion bill in the House at the same time Kennedy/ McCain is unveiled, the House is not expected to take up the measure until after the Senate completes its debate.

“None of this is going to be easy,” said one Washington, D.C. source. “There are going to be some difficult amendments, and lots of shifting coalitions in this debate, but things are certainly better than they were last year, when the House refused to even debate the issue.”

House Speaker Nancy Pelosi, who has indicated her support for immigration reform, will hear the case from an Irish perspective first hand on Thursday, March 16, when she plays host to Taoiseach (Prime Minister) Bertie Ahern at the annual speaker’s St. Patrick’s luncheon.

Ahern will discuss immigration reform with a number of U.S. politicians during his stay in Washington, D.C. from March 14-16, including Senators Kennedy, McCain, Hillary Clinton and Barack Obama.