By Brian Chappell, USCM Intern
April 23, 2007

With the shift in power that stemmed from the Democrats taking over as the majority after the November 2006 elections, a comprehensive immigration bill – which combines enforcement and an attempt to legalize the undocumented workers – has a shimmer of possibility this year. H.R. 1645 has been introduced by Representatives Luis Gutierrez (IL) and Jeff Flake (AZ) to provide for comprehensive immigration reform. There are currently 39 co'sponsors of this bill in the House.

Immigration reform efforts continue in Congress with the latest bipartisan bill offering non-immigrant status for individuals who entered the U.S. illegally once they have undergone extensive background checks and paid fines of $2,000. The STRIVE (Security Through Regularized Immigration and a Vibrant Economy) Act of 2007, introduced by Gutierrez and Flake, was welcomed by some pro-immigrant groups, but the legislation also has its critics.

Background checks and fines would allow conditional non-immigrant status for the millions who entered the U.S. illegally, but the conditional status could be lifted if after six years the worker has maintained a job, learned English and civics, and paid any taxes owed. Once these requirements are met, the formerly illegal immigrant worker could then leave the U.S. and re-enter legally.

The STRIVE Act is a piece of comprehensive immigration legislation, much-awaited by almost all segments of U.S. society, ranging from undocumented workers to immigration enforcement agencies. It contains most of the provisions that were introduced in the Senate Judiciary Committee last year. In addition, it contains provisions that would ensure improvements to border security until any legalization of undocumented immigrants could begin, as well as new requirements forcing undocumented immigrants to leave the U.S. in order to return in valid immigration statuses.

The STRIVE Act contains seven titles, which include border security, strengthening interior enforcement, more stringent employment verification requirements, a new worker program, protection of families, avenues for earned legalization for qualified, hardworking individuals, and various miscellaneous provisions pertaining to the immigration court system, relief for immigrant victims of the 9/11 attacks and facilitation of naturalization for members of the armed forces.

• Increased Border Enforcement Personnel: Increases border and other enforcement personnel, including port-of-entry inspectors (2500), immigration and customs enforcement investigators (1200), border patrol agents (11600), and Deputy United States Marshals (50). The bill also requires DHS to assign at least a 20 percent net increase in border patrol agents in each fiscal year between 2008-2012 to the Canadian border.

• Assistance from Department of Defense: Requires The Department of Homeland Security (DHS) and the Department of Defense (DOD) to work together to implement a plan to increase DHS’ use of DOD equipment in carrying out surveillance activities at or near the United States border. Requires both agencies to submit a related report to Congress.

• Strengthening Infrastructure for Border Control: Requires DHS to construct all-weather roads and acquire additional vehicle barriers and facilities necessary to achieve operational control of the U.S. borders.

• Improvements to Ports of Entry: Authorizes DHS to construct additional ports of entry along the U.S. border and to make necessary improvements to existing ports of entry.

• Unmanned Aerial Vehicles and Related Surveillance Technologies: Requires DHS to acquire and maintain unmanned aerial vehicles and related equipment to patrol the international borders of the U.S. and Canada.

• Criminal Penalty for Evading Inspection: Creates a new crime with penalties for evasion of border inspection personnel.

• Border Security Plans, Strategies and Reports: Requires DHS to develop a national strategy for border security (submitted to Congress no later than one year after the bill is enacted), and a comprehensive plan for surveillance of the international land and maritime borders of the United States (submitted to Congress no later than six months after the bill is enacted). Requires DOS to submit a report to Congress on improving the exchange of information on North American security.

H.R. 1645 gives illegal immigrants in the U.S. a chance to move toward legal status and citizenship, with the exception of a few hurdles that must be resolved:

• illegals who have been in the U.S. almost a year can apply to stay in the country after paying a $500 fine and proving that they were working in the United States before June 2006;

• after six years of crime-free living, and learning English, immigrants can apply for permanent status that can lead to citizenship after paying an additional $1,500; and

• before the process is up, working immigrants would have to “touch back,” or return to their country of origin and apply for re-entry from a United States Embassy.

The legislation is being referred to the House Committee on the Judiciary, chaired by Representative John Conyers, Jr. (MI) in addition to the Committee on Homeland Security, chaired by Representative Bennie G. Thompson (MS). The time allocated for Committee debate has yet to be determined by House Speaker Nancy Pelosi (CA).

In the Senate, Senator John McCain (AZ) said, “What I’ve tried to point out is we couldn’t pass the legislation [last session].” He added that, “We have to change the legislation so it can pass. And I’ve been working with Senator Edward M. Kennedy (MA), but we’ve also been working with additional Senators, additional House members.”

Last year, the Senate took up border security as its first major bill in 2006; the debate included both guest-worker plans and a path to citizenship for illegal aliens. At the time, Senate Majority Leader Bill First, (TN) said, “We’re going to start with border security, but at the same time we’re on the floor, we’re going to build on that and extend that to the enforcement issues and the issues of more comprehensive reform, and give guest-worker [plans] full consideration.”

The Senate ended up voting on McCain’s plan to legalize illegal aliens and increase legal immigration, Texas Senator John Cornyn’s temporary-worker plan that requires illegal aliens to return home within five years, and several different versions of border and interior enforcement.

“We start out with enforcement, we move to guest-worker, and then we move to the issue of the 11 million people who are here,” said McCain, who is sponsoring a plan along with Kennedy, which would offer a multi'step path to citizenship for most of those estimated 11 million illegal aliens. “It’s just the resolution of how you shape the guest-worker program and also how you treat the 11 million people who are already here.”

The Senate overwhelmingly rejected this proposal. All but two Democrats and 20 Republicans voted against the consideration of the bill. It was the only proposal in 2006 that did not contain a guest-worker provision, and which many said would grant amnesty to millions of illegal aliens already in the country.

The House and Senate each passed immigration bills last year, each sharply different. The House bill focused almost exclusively on stopping the flow of illegal aliens coming across the U.S.-Mexico Border. The Senate bill included measures to give illegal immigrants, who have been in this country for two years or longer, a road to citizenship. Both bodies could not resolve major differences in both bills. Thus, no legislation was ever passed during the 109th Congress.

At a dedication of a new Border Patrol station in Yuma (AZ) April 9, President George W. Bush said that he hoped to strike a deal with Congress on immigration this year. Along with Border control, he said the essential elements of any bill are a temporary worker program, a crackdown on employers of illegal immigrants and a procedure that would allow some illegal immigrants to legalize their status.

Bush added, “We’ve got to resolve the status of millions of illegal immigrants already in the country. People who entered the country illegally should not be given amnesty. Amnesty is forgiveness of an offense without penalty. I oppose amnesty, and I think most people in the United States Congress oppose amnesty.”

He also said he was “...working closely with Republicans and Democrats to find a practical answer that lies between granting automatic citizenship to every illegal immigrant and deporting every illegal immigrant.”

Under the Bush proposal, Bush said, “Illegal immigrants who have roots in our country and want to stay” could do so in some circumstances, if they paid fines and back taxes, learned English and showed they had worked here for a number of years.

The White House proposal would not establish a “special path to citizenship.” An illegal immigrant would have to return to their original country, file an application with their United States embassy or a consultant, and pay a fine- upwards of $10,000, in order to become a lawful permanent resident.

A majority of the bills being considered deal with stricter enforcement of current immigration rules. What’s most likely to cause contention on finding a consensus among lawmakers is how to legitimize the illegal workers already in the U.S.