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Outline of Schumer Comprehensive Immigration Reform Bill Posted Online

Posted April 29, 2010 by Patrick Young, Esq.

The outline of an expected immigration reform bill, tentatively called Reid-Schumer-Menendez after its three co-sponsors has been posted by CNN. The pdf is here.

I have not seen the bill, but the blueprint for it looks interesting. Some areas are drawing criticism from immigrant rights supporters. For example, there is increased enforcement for future immigration violations. Civil libertarians are concerned that a new Social Security card with identification protections will put too much power in the hands of the federal government.

Also, the bill will create a new, mandated electronic verification system requiring employers to check immigration status for all new hires. This system is untested and may lead to increased employment discrimination.

The legalization proposal will be the most important provision, and some of it is pretty good. Anyone in the U.S. without authorization on the day of enactment, as well as those with Temporary Protected Status, will be eligible to apply for legalization as long as they have not been convicted of a felony or three misdemeanors. Applicants will have to pay a fine, pay taxes, and undergo security and background checks. They will then get a temporary residence card designating them as Lawful Prospective Immigrants (LPI) allowing them to work and travel.

Over the next eight years, the LPIs will have to learn English, have a clean criminal record, learn about America’s history and government, and pay taxes, fees, and civil penalties. Then they will be able to apply to become Lawful Permanent Residents, the first step towards citizenship.

There is a lot of concern because the legalization only begins when significant steps at increasing border security have been completed. Some advocates believe that these benchmarks might not be met if Congress fails to make necessary appropriations for more border patrol agents and increased use of technology.

The Schumer proposal will substantially shorten the wait for U.S citizens and green card holders applying for their spouses, children, and other close family members to come to the U.S., at least for the next decade.

The bill also has provisions that would allow same sex partners to apply for one another as family members, ending the cruel prohibition on LGBT couples reuniting.

The outline is extremely unclear about the way it will deal with the future flow of lower skilled workers. Today, these workers come in illegally. Schumer hopes to prevent illegal immigration, in part, by allowing in a limited number of workers on three-year temporary visas. The new program would allow some of them to apply for permanent residence after a substantial probationary period.

An actual bill is expected to be introduced next month.

I am working on longer explanations of each section of the Schumer proposal. I’ll link them here as I write them:

—Details on Schumer’s earned legalization proposal for the undocumented.

—The Schumer proposal and Family-Based Immigration.

—How Schumer proposal treats LGBT families.

—Schumer’s new Social Security card.

—Schumer’s proposal for electronic employment verification.

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