| THERE were massive demonstrations and
marches, some reaching more then 500,000 people. It
dominated the headlines in mainstream newspapers and
television news programs. Finally, reforming U.S.
immigration laws is the hottest topic in Congress and around
the U.S. Various proposals are being introduced and debated,
concerning what to do with the approximate 12-14 million
illegal aliens in the U.S.
This week, a Senate committee (the Senate Judiciary
Committee) approved a proposed law that could possibly allow
illegal aliens to finally legalize their status. That Senate
Committee proposal now goes to the full Senate for debate.
The House of Representatives (the other branch of
Congress) passed its own proposed law, which focuses on
enforcement, but did not include any provisions granting
immigration benefits to illegal aliens.
But please be aware that these are only proposals. They
are not yet law. Unless and until a proposal passes both the
Senate and the House, and is signed by the President, it is
not a “law.” It is only a “proposal.”
Typically, a proposed law is introduced into either the
House or the Senate. If that proposal is passed by either
the House or the Senate, it then goes to the other
Legislative Branch to be voted on. If the House or Senate
have proposals that are different, they must come to
agreement on a single version of the proposed law, and
eliminate any conflicting portions. Once a single, agreed-on
proposal is approved by both the House and Senate, it then
goes to the President for signature.
At the present time, there are several proposals in the
House and Senate, and now the debate begins on which
provision (or version) will be agreed on.
The proposal from the Senate Judiciary Committee
includes the following main points:
• It creates a guest-worker program, that would offer
illegal aliens a path to green cards and eventual
citizenship.
• As part of the path to “legal” status, aliens would
have to, among other things, pay back taxes and a
penalty/fine.
• It would allow up to 400,000 new visas annually for
foreign workers to enter the U.S., for up to three years.
The visas could be renewed, for a total stay of six years.
This program would allow visas for the worker’s family and a
path to permanent resident status (green card) if the alien
learned English (which most Filipinos know already), among
other requirements.
• It would offer 1.5 million “blue cards” to workers who
would work in the agricultural fields (picking and
harvesting crops) at least 100 days a year, in order to
create a legalized work force for the agricultural industry.
• As many as 14,000 new border patrol agents would be
hired by 2011.
The proposal from the House of Representatives
includes the following:
• It would be a felony (very serious crime) to be a TNT.
Now, it’s just a civil (not criminal) violation of
immigration laws.
• Employers would be required to confirm the authenticity
of an employee’s social security number from a national
database, or face very stiff fines.
• There is no provision for granting any kind of
immigration benefit (or “amnesty”) to illegal aliens.
As you can see, there is a vast difference between these
two proposals. I urge you to write to your senators and
members of Congress, urging them to agree on the proposal by
the Senate Judiciary Committee, which would allow illegal
aliens a path to legalization.
Once again, I emphasize that these are only proposals, so
that you should not be running around asking, “Can I file
right now?” Any proposal must be enacted into law and signed
by the President.
We will continue to monitor these developments, and let
us hope that a law will pass that grants benefits to illegal
aliens.
| (Editor’s note:
Michael J. Gurfinkel
has been an attorney for over 25 years, and is an active
member of the State Bar of California and New York, as
well as the American Immigration Lawyers Association and
the Immigration Section of the Los Angeles County Bar
Association. He has always excelled in school:
valedictorian in high school; cum laude at UCLA; and law
degree honors and academic scholar at Loyola Law School,
which is one of the top law schools in California. Website:
www.gurfinkel.com
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