Immigration Update

Topics in this issue

• Senators debate immigration reform
• Major legislative provisions
• The Mexican perspective

Senators debate immigration reform  

After an unsuccessful attempt at passing comprehensive immigration reform last year, a small bipartisan group of senators joined key cabinet officials on May 17 to announce a compromise approach.  If passed, the Comprehensive Immigration Reform Act of 2007 (S. 1348) would be the first major legislation to overhaul the U.S. immigration system since the Immigration Reform and Control Act of 1986—a bill that criminalized knowingly hiring an illegal immigrant and established a one-year amnesty program for certain illegal immigrants.  But after much initial optimism, senators are increasingly questioning key provisions of the new bill.  A final vote has been delayed so that senators can have more time to digest and discuss the legislation.  

Major legislative provisions

Key aspects of the deal include tightening border security, creating a temporary guest worker program, establishing a path for illegal immigrants to obtain citizenship, and re-focusing the immigrant preference system.  The original bill is subject to significant modifications, with over 130 amendments already proposed.    

• Securing the U.S. Border: The initial phase of the compromise would increase the number of border patrol agents along the border as well as the number of secure border crossings.  Border security would also be strengthened with the placement of new camera towers and sensors and the construction of hundreds of miles of fencing.

• Temporary Worker Program: The agreement establishes a temporary guest worker program to be implemented once the borders are declared secure and the worker identification program is enacted.  Each visa issued would be valid for a two-year period and renewable up to three times.  However, workers must return to their country of origin for one year before being allowed to re-enter under a renewed visa.  The original bill permitted the annual entry of up to 600,000 guest workers but that number was reduced after the Senate overwhelming agreed to an amendment on May 23 limiting the number of entrants under the proposed program to 200,000 per year.

• Path to Citizenship: Under the proposal, illegal immigrants who entered the country before January 1, 2007, could apply for provisional legal status.  Once border security has improved and the high-tech worker identification program implemented, they could then begin to seek permanent residency status.  These immigrants could eventually become citizens after proving no criminal record exits, demonstrating knowledge of English and paying back taxes and a $5,000 per household fine.

• Immigrant Preference System: The bill would re-orientate the immigrant entrance system so that more weight is given to applicants with higher education levels, high-demand skills, and experience in the math and science sectors.  The number of visas issued to the parents of U.S. citizens would be capped and green cards to siblings and adult children would be eliminated. 

The Mexican Perspective

With most unauthorized migrants crossing the U.S. southern border, a key question is the Mexican reaction to immigration reform.  In a May 23 visit to Washington, Secretary of Foreign Affairs Patricia Espinosa met with Secretary of State Condoleezza Rice to discuss border security, immigration and drug trafficking.  According to Espinosa, the Mexican government sees the immigration bill as an important step towards immigration reform, and it recognizes the Senate’s work as well as efforts by the Bush administration.  Other meeting topics included the modernization of border infrastructure and the fight against transnational organized crime.   Espinosa underscored the inter-connectedness between these issues and their impact Mexico’s economic development.

Nevertheless, the Calderón government has tried to avoid letting immigration take center stage in its relationship with the United States.  Domestically, President Calderón has focused on combating narco-trafficking and attracting investment with the goal of creating jobs and mitigating the “push” factors behind northward migration.  Mexico also recognizes that its southern border should be strengthened to decrease the number of undocumented Central American workers, many of whom eventually cross into the United States.