Whining starts about lack of guest worker program in Gutierrez bill

Like dogs salivating to the sound of a dinner bell, it didn’t take long for the forces of the status quo to weigh in on the new immigration bill unveiled yesterday by Rep. Luis Gutierrez(D-IL) with their usual reflexive reactions

Of course, from the wingnutosphere we got the usual "amnesty" canard:

On Capitol Hill, the bill was declared dead on arrival by some Republicans — and, privately, by some Democrats — and denounced as impractical and amounting to amnesty for people who had entered the country illegally. Two previous Congressional efforts to revamp immigration laws in the Bush years failed largely because of similar objections.

Representative Brian Bilbray, a California Republican who heads the House Immigration Reform Caucus, said the bill would only generate a new wave of migrants to compete with Americans for jobs at a time of 10 percent unemployment.

NYT

As far as Bilbray goes, we’ve come to expect little more from the former chief lobbyist for the hate-group, Federation for American Immigration Reform. It's pretty safe to assume that FAIR, NumbersUSA, The Congressional Immigration Caucus and the whole of the wingnut media machine will be crying "shamnesty, shamnesty" before this time tomorrow. It's a well-worn and dog-eared page from the right-wing playbook.

But unlike in past immigration battles, this one has the corporatist wings of both parties with their panties in a wad also. In large part due to the fact that Rep Gutierrez had the nerve to introduce a "comprehensive immigration bill" without a guest worker program…(like "comprehensive" is somehow synonymous with exploitable, temporary, indentured servants)

Democrats in the Senate who would steer an immigration overhaul through that chamber generally welcomed Mr. Gutierrez’s bill, though aides said it was too liberal to win passage as written.
…

The bill lacks a broad program championed by many Republicans, as well as Democrats including Mr. Obama, to address future labor demands and to better control the flow of immigration. To do that, they have advocated a program under which people could work only temporarily in the United States and then return home. Instead, the bill calls for a federal commission to study the best approach for the “future flows of workers.”

“In order for immigration reform to be effective, it needs to be comprehensive,” said Representative Jeff Flake, an Arizona Republican who collaborated with Mr. Gutierrez on previous immigration bills but not this one. “Any bill without a temporary worker program is simply not comprehensive.”

Senator Charles E. Schumer, Democrat of New York, is working with some Republicans on a separate bill that he has said could be ready whenever Mr. Obama asked for it..

Despite the protestations of Mr Flake, (whose most memorable contribution to the reform debate thus far was the failed STRIVE act of 2007 with it's triggers, touchbacks and flaming hoops of fire through which to jump before allowing the undocumented to normalize status), temporary workers are not the ONLY way to "address future labor demands and to better control the flow of immigration".

In fact if he (or the NYT reporter who wrote this article, for that matter) actually read the bill proposed by Rep Gutierrez, he would have seen it contained perhaps the most effective method to address both labor demands and future immigration flow we've seen in any of the myriad of immigration reform proposals that have come down the pike in the last few years.

Rather than letting business interests, with their insatiable need for cheap, exploitable labor, dictate the flow of immigration through both legal and illegal channels, Gutierrez's bill creates a new antonymous regulatory agency within the executive branch solely charged with setting both policy and specific levels for all future employment-based immigration.

Perhaps it was the title of this new government agency, the "Commission on Immigration and Labor Markets" that threw Mr Archibold, of the NYT off and led him to believe that it was nothing more than "study group"…or maybe he just didn't do the necessary research, or perhaps he enjoys caring water for the likes of Flake…who knows.

SEC. 501. COMMISSION ON IMMIGRATION AND LABOR MARKETS.

(a) ESTABLISHMENT OF COMMISSION.—

(1) IN GENERAL.—There is established a permanent, independent, Federal agency within the Executive Branch of the United States to be known as the Commission on Immigration and Labor Markets

(2) PURPOSES.—Through objective, thorough, accurate and nonpartisan review and analysis, the purposes of the Commission are to—
(A) establish employment-based immigration policies that promote America’s economic growth and competitiveness while minimizing job displacement, wage depression and unauthorized employment in the United States;
(B) create and implement a policy-focused research agenda on the economic impacts of immigration at the national, regional, state, industry and occupation levels;
(C) collect and analyze information about employment-based immigration and the labor market and share the data and analysis with lawmakers, researchers and the American public;
(D) recommend to the Congress and the President on a regular basis an evidence-based methodology for determining the level of employment-based immigration; and
(E) recommend to Congress and the President the numeric levels and characteristics of workers to be admitted in various employment based visa categories.

So, the "Commission" not only sets up policy guidelines, and collects and analyzes data, it determines the exact number to be issued and make-up of the various employment-based visa categories. But I guess that doesn’t constitute, "addressing future labor demands, or controlling immigration flow" in the minds of those who can't see beyond the bottom lines of their patrons balance sheets…. And the need for disposable cheap workers to maintain them.

The Commission shall be composed of 7 voting members

* who shall be appointed by the President, with the advice and consent of the Senate
* who shall serve for 5-year staggered terms;
* one of whom the President shall appoint as Chair of the commission to serve a 6-year term, which can be extended for 1 additional 3-year term;
* who shall have expertise in economics, demography, sociology, labor, business, civil rights, immigration or other pertinent qualifications or experience; and
* not more than 4 of whom may be members of the same political party;

I guess they believe that an independent, bi-partisan panel of experts, with actual knowledge of things like economics and demography couldn't possibly do a better job than a bunch of politicians and lobbyists at figuring out what the best level of future employment-based immigration should be. And they would like to see the great success we've had with health care reform efforts led by bought-and-paid-for politicians and their lobbyist puppet masters replicated in immigration reform as well.

While this new extension of the executive branch is far from a perfect solution to the problem of how best to address and regulate future immigration flow, and can still have its recommendations voted down by a hostile congress, it's far superior to the ridiculous notion that exploiting guest workers is somehow a method of immigration regulation or that guest worker programs are somehow responsive to both the economic and social needs of both the American people and those who to wish to come here and make a better life….so let the whining begin. …we couldn't stop them if we tried anyway.

And I'm sure it won’t be long before the champion of human-rights and justice, Chuck Schummer, comes up with some kind of Frankenstein monster of a compromise bill with his republican buddies that will re-introduce the much beloved guest worker paradigm into the equation.

But until then, at least Gutierrez has given us a reasonable and workable alternative. …and a glimpse at some of the creative thinking that will be necessary to finally address immigration reform in a meaningful way.

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Gutierrez to release his principles for new immigration reform bill … we've got a few of our own.

On Tuesday Oct 13th, members of the Congressional Hispanic Caucus led by Rep. Luis Gutierrez(Il-D), will be joined in Washington by 2,500 representatives of labor, immigrant advocacy and civil rights groups, and faith-based communities from across the country to unveil what is being touted as a list fundamental principles behind a new progressive, comprehensive immigration bill to be introduced before the end of the month.

"I am overwhelmed by the support of immigrant, faith-based and community-based organizations in urging me to introduce comprehensive immigration legislation. I look forward to joining them on Tuesday so that I can share with them more specifically the key principles that will form the basis of such a bill," said Rep. Gutierrez.

"We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it," continued Rep. Gutierrez. "Saying immigration is a priority for this Administration or this Congress is not the same as seeing tangible action, and the longer we wait, the more every single piece of legislation we debate will be obstructed by our failure to pass comprehensive reform."

"We need a bill that says if you come here to hurt our communities, we will not support you; but if you are here to work hard and to make a better life for your family, you will have the opportunity to earn your citizenship. We need a law that says it is un-American for a mother to be torn from her child, and it is unacceptable to undermine our workforce by driving the most vulnerable among us further into the shadows."

"I believe the support base for this kind of compassionate and comprehensive legislation is strong and far reaching, and I believe the votes are there to pass it. I have always said that immigration reform will not be easy; but it is time we had a workable plan working its way through Congress that recognizes the vast contributions of immigrants to this country and that honors the American Dream."

We have yet to see Rep Gutierrez's recommendations, but after years of controversy and partisan fighting, we are still no closer to any meaningful new national immigration policy than we were over eight years ago when President Bush first claimed he would make it a top priority upon taking office. Much of the blame for this situation clearly rests on the shoulders of the anti-immigrant wing of the Republican Party, who chose political expediency and a divisive brand of slash and burn political theater over the responsible execution of their duties.

But, there have also been divisions within the Democratic Party that have helped stall the effort. While generally stating support for some sort of "comprehensive reform," there has been little consensus on exactly what that reform should entail.

We’ve seen numerous compromise bills, intended to find a “sweet spot” that would appease all parties, go down in flames after concessions were made to restrictionists to accept their far-right policies as a prerequisite to even bringing the issue to the table, only later to find that no matter how many concessions were made, or how restrictive or punitive the legislation ...they were never satisfied.

In the absence of meaningful reform, undocumented immigrants still daily traverse the borders risking their lives, and sometimes losing them, in order to find work and security in the United States.

Hundreds of thousands of migrants have been incarcerated in order to line the pockets of a growing private prison system rife with abuse and neglect, or to appease the shrill voices of those who look to draconian enforcement as the sole means of regulating the flow of migration.

Billions of dollars more have been squandered in a time of economic instability on failed attempts to seal the borders with walls and technology purchased from the same companies that willingly emptied our national coffers for the last eight years in the “war on terror” both here and abroad. … all because of our reliance on the failed “enforcement only” policies of the past.

Additionally, the divisive and racially charged rhetoric surrounding the debate has fostered a growing culture of hate that has led to increased violence aimed at immigrant and ethnic communities.

Given this situation, the need to address immigration reform is pressing.

But in order for any reform legislation to be effective, and more importantly, be a permanent solution that will stand the test of time, we must end the failed policies of the past that rely solely on enforcement and deterrence. Instead we should work towards a flexible immigration system that can be responsive to all the push and pull factors that drive migration globally.

A properly formulated and functioning immigration system should not only address the labor and economic needs of the US, but also the forces in sender nations that drive migration globally, whether they be economic, political, social, or humanitarian in nature. It should protect all workers, both native-born and immigrant from exploitation, and end policies that foster an underground economy that makes "criminals" out of millions of hard working people both native and foreign born.

Unlike the past, we should judge future legislation and policy not by how successful it will be at apprehending, deporting, or incarcerating migrants ... but rather on how little apprehension, deportation and incarceration would be necessary.

With that said, what follows are twenty-five principles that should be included in any truly progressive immigration reform legislation …

25 KEY PRINCIPLES TO MEANINGFUL REFORM

1. End policies that rely only on enforcement and deterrence as the sole means of regulating migration.




2. Address the root causes of immigration, and change US policy so that it doesn't foster and produce conditions that force hundreds of thousands of people each year to leave their countries of origin in order to simply survive.




3. Tie all current and future trade, military, and foreign aid agreements to not only worker protections both here and abroad, but also to their ability to foster economic progress and social justice for the working class and poor in sender nations.




4. Formulate a reasonable, humane, fair and practical method for determining the levels of immigration going forward. Establish an independent commission free from the pressures of political expediency and business interests to review all the pertinent data and set admission numbers based on labor, economic, social, and humanitarian needs.




5. Provide a path to legalization for all current undocumented immigrants living and working in the US, free of restrictions based on country of origin, economic status, education, length of residency, or any other “merit based” criteria.




6. Secure the borders by first ensuring that the vast majority of new immigrants have the ability and opportunity to legally enter the country through legal ports of entry by increasing the availability and equitable distribution of green cards. This would curtail the flow of migration through illegal channels. Only after that, should enforcement begin to ensure compliance, or any work to physically secure the border take place.




7. Increase the focus on enforcement of all labor and employment laws. Increase penalties on employers who engage in unfair or illegal labor practices. Increase funding for government oversight and inspection.




8. Opposition to a "temporary guest worker" program as the primary vehicle for employment based legal entry on the grounds that it provides no benefit to the American people or the immigrants themselves. It only provides big business with a disposable work force, and prevents immigrants from becoming a viable force in the workplace or full fledged members of society.




9. Foster an immigration policy that strengthens the middle and working class through encouraging unionization, increased naturalization, and immigrant participation in the electoral process.




10. Include the language of the DREAM Act that would allow children and young adults brought here as children, and raised in the US, a conditional path to citizenship in exchange for a mandatory two years in higher education or community service. Undocumented young people must also demonstrate good moral character to be eligible for and stay in conditional residency. At the end of the long process, the young person can have the chance to become an American citizen or legal residency by completing their educations and contributing to society.




11. Included the language of the Uniting American Families Act that would amend the Immigration and Nationality Act to allow permanent partners of U.S. citizens and lawful permanent residents, including same-sex partners, to obtain permanent residency.




12. Include the language of the AgJobs bill that seeks to relieve chronic farm labor shortages by supplying undocumented migrant agricultural workers a legal opportunity to enter the county and a path to legal status and eventual citizenship. It also bolsters labor rights and protects workers from exploitation.




13. Repeal the sections of the 1996 law that redefined vast numbers of crimes as deportable offense when committed by immigrants. Imposing harsh penalties--often permanent exile--on immigrants for minor criminal convictions like shoplifting or possession of marijuana.




14. End permanent detention of all migrants for immigration violations not related to violent crimes.




15. Simplify the immigration system by eliminating and condensing the hundreds of various visa classes into a smaller, more manageable, classification system that allows for not only easier navigation of the system, but better analysis of current immigration needs.




16. End policies and programs that rely upon state and local law enforcement agencies to usurp the role of the federal government and engage in the enforcement of federal immigrations codes.




17. Bring U.S. immigration law in line with international human rights law by reforming asylum and refugee law and strengthening protections for children, crime victims, and victims of human trafficking




18. Modernize and streamline the immigration process and eliminate the backlogs for those already in the queue. Simplify the paperwork process and utilize technology to cut wait times and bureaucratic delays.




19. Make family reunification simpler by expanding the “immediate family” classification to reflect the cultural realities of many non-western or traditional societies from which immigrants come.




20. Allow immigration judges the discretion to treat cases on an individual basis and make decisions based on the specific the circumstances and outcomes of the case.




21. Make punishments of immigration crimes commensurate with comparable crimes in other areas of the law. A misdemeanor or civil violation of immigration law should not carry with it a punishment that would be comparable to a felony in a criminal case.




22. End, or raise, the per-country cap that favors smaller nations with fewer immigrant applicants over larger developing nations and those countries that have long traditional ties to the US.




23. Update the Registry Date in Sec 249 of the Immigration and Nationality Act to reflect the historical pattern of periodic updating. Current date should be updated to 1996.




24. Eliminate 'crimes involving moral turpitude,' an amorphous legal holdover from Jim Crow




25. Recognize that immigration is a vital part of maintaining a healthy and vibrant America. It is what has set this nation apart from all others since its inception. To close our borders to new immigrants is to cut off the lifeblood that has always made this nation grow and prosper.

Any legislation that claims to be truly progressive, pro-migrant, and in the best interests of both immigrant communities and the American people, should incorporate these principles to be not only effective long term, but practical, and most importantly humane.

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Immigration reform need not be a triple-headed hydra

This week the Obama administration finally announced a long overdue revamping of its immigration detention system.

The system, comprised of a hodgepodge network of 350 unregulated local jails, privately owned prisons, and federal correction facilities run by DHS has come under attack for it's failure to adhere to even the most basic civil and human rights standards. Numerous groups including Amnesty International and the government's own Accountability Office have documented the inadequacies in the system.

The failures include; inadequate or absent medical care leading to the preventable deaths of 90 detainees since 2003, young children held for long periods without access to education or recreation, detainees denied access to legal representation or family members, and the list goes on.

Yet, despite the overwhelming evidence of the failure of the system, the Obama administration until now refused to address the situation, even after having been ordered to do so by the Federal Courts.

So this weeks announcement that DHS will begin to finally take some control over the situation by reviewing the contracts with it's detention providers, establishing oversight, and ending some of the most grievous practices, is a welcome change.

But it is far from the sweeping kind of CHANGE™ we were led to believe to expect from this new administration.



Candidate Obama, time and time again on the stump promised sweeping, almost revolutionary change.

He challenged the nation to think outside the box and start to look at old problems through new eyes.

Where Bill Clinton claimed to feel our pain, Obama promised that working together we could end it… sí se puede

But now we find that from healthcare reform to immigration policy, Obama does not so much offer real change… but rather, promises to more competently and effectively administer the same failed policies of the past.

As DHS announced its "sweeping" new changes to the immigrant detention system , there was an underlying message of …"don’t get your hopes up folks …we ain't changing things that much."

Assistant Secretary of DHS, John Morton, while touting the move to a "truly civil detention system" made sure to add in that large scale detention would remain to be the norm…it would just be done "more humanely." He added that the new system would move from one focused on incarceration to one focused on deportation.

DHS head, Janet Napolitano, added that she actually foresaw an increase in the number of detianees held in the government's new "humane" prisons.

But this should come as no surprise coming from an administration that has voiced support for expanding the 287G system that gives local honchos like Arizona's Joe Arpaio carte blanche to terrorize whole communities. Or that looks to expand the failed e-verify system. Or worse yet, embraces Chuck Schumer's Orwellian national biometric identification system.

But this is all because rather than thinking outside the box . .. Obama seems firmly encased in it.

He and his brain trust simply can't separate themselves from the failed paradigm of viewing immigration policy as a matter of regulation of a criminal activity.

This is the same thinking that has produced every piece of failed immigration policy since 1986.

Rather than addressing the underlying social and economic realities both here and abroad that drive global migration, and working on a system that rationally an effectively works within those realities, this thinking has produced a system that relies upon punitive deterrents to attempt to regulate the flow of immigration.

This becomes evident when viewing actual legislation. Hundreds of pages are usually dedicated to various aspects of how best to punish those who enter the country without permission …and scant few pages dedicated to how the decisions as to whom, and under what circumstances, that permission should be granted.

This had led to the idea that reform of the system simply must contain three key components:

1. a method to allow businesses to get needed workers
2. a method to keep everyone else out
3. a method to deal with those who came anyway…now that they've become needed workers.

This has led to the three-headed hydra of Comprehensive Immigration Reform that mandates guest workers, increased enforcement and a path to legalization

In the minds of policy makers these three components seem to be inseparable.

Business interests can't envision an immigration system that doesn't supply them with needed workers, especially if they can be sent home and exchanged for fresh cheap replacements periodically

Advocacy groups can't imagine a system that doesn't normalize the status of the millions already here without permission.

And both are willing to view criminalization and punishment as a means of regulating immigrant flow.

But here is where that CHANGE™ Obama had promised so eloquently during his campaign should translate into a new mindset in DC.

Perhaps he and all those working behind the scenes to enact a new version of Comprehensive Immigration Reform should take a fresh view of the situation and finally start to look at the problems in the current system in a truly COMPREHENSIVE manner…. "Comprehensive" as in encompassing ALL the various push and pull mechanisms in play that foster migration and the system's current inability to deal with them.

If reform were enacted properly, all the interested parties would be able to get basically what they need or want from the legislation, and there would be little need to worry about enforcement and punishments. A truly functioning immigration system would not create millions of undocumented immigrants and hundreds of thousands of detainees in prisons …It's that simple. The hard part is figuring out how to reform the system to reach that goal.

Instead of worrying about how best to build walls along our borders, or punish workers or employers, our leaders should figure out a better way to allow immigrants to enter the country legally, or better yet…have the kind of opportunities in their home countries that would allow them to stay if they wish.

But this would take big thinking … grand vision … and relentless political will.

Something we saw from candidate Obama …but sadly, not yet from President Obama.

As I've said before:

We will judge future legislation and policy not by how successful it's been at apprehending, deporting, or incarcerating migrants ... but rather in how little apprehension, deportation and incarceration is necessary

Our leaders should keep that in mind as they work to reform a dismally failed system.

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Sometimes Secrets are Hidden in Plain Sight

Over the past few months much has been made of the possibility of the enactment of immigration reform by the current Congress. The President has promised on numerous occasions to make immigration reform a top priority, Senate Majority Leader, Harry Reid (D-NV), has assured that he has the votes to move legislation forward, and the Chairman of the Senate Immigration Subcommittee, Chuck Schumer (D-NY), who will take the lead on crafting any new legislation, has laid out a seven-point blueprint for new legislation.

Against this backdrop, advocacy groups are ramping up campaigns to lobby legislators and mobilize activists to aid in the upcoming battle. And while the effort to coalesce a unified front by the pro-reform forces is unprecedented, having both a level of organization and outreach unseen in past legislative battles, the campaign thus far has been long on familiar sloganeering and promises to trust the DC establishment to do the right thing, and very short on the specifics of what any new legislation will look like.

As those of us who have engaged in past reform battles know, (albeit more as outsiders and observers than real participants at the table), the devil really is in the details of any legislation, and those details are, more often than not, kept secret until the very last moments.

During the 2007 battle, much of the "compromise" part of the Grand Compromise was kept under wraps until the legislation was about to be moved to the Senate floor for the amendment process. In fact, a strategy to revise the legislation after passage in both houses, while in Conference Committee, or through legal challenge, was only revealed by DC insiders after the bill had already crashed and burned.

Those advocacy groups who have been privy to the past efforts to craft legislation have often acted unilaterally, without the knowledge of friends, allies, and those they claim to represent, to decide what principles and policies they believe are negotiable and expendable in the quest of compromise and consensus.

With that past history in mind, the current ambiguity surrounding the coming legislative battle becomes all the more troubling.

To say we have received mixed messages from both the administration and Democratic leadership would be a gross understatement. While talking about substantive change and reform that will be practical and truly humane on the one hand, we hear much familiar rhetoric and jargon that reinforces the failed enforcement centric policies of the past.

In fact, in just the past week we saw the passage of enforcement-only amendments in the Democratic lead Senate, and a reaffirmation of the administration's commitment to the failed Bush- era programs like E-Verify and (287)G. And while some argue that the political posturing and grandstanding we witnessed last week are just that … only political theater …. it is clear that without presenting clear principles, and a vision of what real meaningful reform will look like, we are left with little more to judge these actions by than the usual DC tendency to talk out of both sides of their mouths simultaneously.

Even in cases where the political leadership has laid out a rough blueprint for reform, it has raised more concerns and questions than reassurances and answers. Senator Schumer's seven-point guideline is a case in point:

In all, Schumer announced seven principles that he said would form the basis for the legislation he intends to introduce by the fall:

1. Illegal immigration is wrong, and a primary goal of comprehensive immigration reform must be to dramatically curtail future illegal immigration.

2. Operational control of our borders--through significant additional increases in infrastructure, technology, and border personnel--must be achieved within a year of enactment of legislation.

3. A biometric-based employer verification system—with tough enforcement and auditing—is necessary to significantly diminish the job magnet that attracts illegal aliens to the United States and to provide certainty and simplicity for employers.

4. All illegal aliens present in the United States on the date of enactment of our bill must quickly register their presence with the United States Government—and submit to a rigorous process of converting to legal status and earning a path to citizenship—or face imminent deportation.

5. Family reunification is a cornerstone value of our immigration system. By dramatically reducing illegal immigration, we can create more room for both family immigration and employment-based immigration.

6. We must encourage the world’s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but must discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers; and finally

7. We must create a system that converts the current flow of unskilled illegal immigrants into the United States into a more manageable and controlled flow of legal immigrants who can be absorbed by our economy.


Sen. Chuck Schumer

Schumer's reliance on increased border control and "tough enforcement" offers little new insight or leadership and owes more ideologically to the failed efforts of the past than any constructive model to actually effect meaningful change. And while he has clearly offered a more substantive picture of future reform than the administration, Schumer still leaves more questions than answers about legislative specifics.

The fact that this "new" initiative was welcomed by the DC advocacy establishment with few questions asked leaves one to wonder exactly how much has been learned from past failures, and perhaps more importantly, how much real change are they willing to fight for.

Yet, it is just this ambiguity and lack of specifics about future legislation that has allowed DC advocates and their Democratic allies to build an impressive new coalition and organizational infrastructure.

Playing a game of "we'll just have to wait and see what the legislation looks like", has allowed them to be all things to all people. Making promises that will never be kept and playing on the hopes of those seeking real change.

But luckily for us, an actual comprehensive blueprint for what the "middle ground" on immigration reform will look like was published last week by The Council on Foreign Relations.

The almost 150 page study, written by a panel headed by former Florida Governor Jeb Bush and Clinton Chief of Staff Thomas F. "Mack" McLarty III gives us perhaps the clearest indicators of where the triangulation on immigration reform will end up. … A secret clearly kept in plain sight.

And while the report makes some very sound and promising observations and recommendations, it also makes some that are highly troubling and others that are downright dangerous.

It divides the immigrant population into two segments; those deemed highly desirable (skilled, educated, English-speaking) and those deemed less desirable (unskilled workers) and suggests setting up a two tiered system whereby "desirable" immigrants are not only welcomed, but actively recruited, while the unskilled are subject to quotas, or must enter as guest workers. It endorses biometric data collection on workers to assure eligibility to work legally in the country, calls for increased enforcement both at the border and workplace, and supports increased enforcement cooperation between state, local and the federal government.

Many of the mainstream advocacy groups welcomed this report last week citing its clear call for comprehensive reform as a sign of progress and forward movement … but none addressed some of the more troubling recommendations it contained. ….But don’t worry … I'll be covering them in depth later in the week

If this study represents a starting point … the middle ground … from where the debate will proceed, we'll be in deep trouble again going forward.

We have already heard the same rhetoric contained in the report parroted by Reid, Schumer, and the administration.... Leading one to believe that it represents a consensus view.

And if those advocacy groups in Washington who supposedly represent the interests of the migrant population believe that this too is an acceptable "middle ground" from which negotiations should proceed it might be time for them to reexamine their priorities.

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Support a DREAM at Change.org

Each year approximately 2.8 million students graduate from US High Schools. Some will go on to college, join the military, or take other paths in life, hopefully all becoming productive members of society.

But for approximately 65,000 of them, these opportunities will never be available. Not because they lack motivation, or achievement, but because of the undocumented status passed on to them by their parents.

Lacking legal status and social security numbers, these students, raised and schooled in the US, cannot apply to college, get jobs other than those at the bottom of the economic ladder, or otherwise follow their dreams.

They grew up on American soil, worked hard and succeeded in spite of all odds, and want nothing more than to be recognized as individuals and not just the holders of a status they had no part in acquiring.

In Washington, politicians have debated the fate of these kids for more than seven years, holding lives and futures in their hands while vying for political advantage.

For these kids, and thousands more who have already managed through sheer force of will to complete their higher education, but now face a life of uncertainty and alienation, the DREAM Act is the only answer

Even for those living in states that do allow them to complete their higher education, working low paying jobs just to make ends meet and pay their own college costs, many of these students, once completing their educations, face an uncertain future where advanced degrees are all but worthless without the legal documentation to join the workforce as productive members

Without proper documentation and social security numbers they are unable to move from the "underground economy" of their parents' world into the mainstream workforce that their educations give them the ability to participate in.

.
One would think that legislation that would allow thousands of high school graduates yearly the opportunity to pursue higher education could garner pretty widespread support in Washington.

And if these graduates came from a segment of society which the right-wing continually claims under-performs academically, and eventually becomes a burden on society, one would think winger politicians would be falling over themselves to support legislation that would enable these ethnic scholars to become more productive members of society ... even if to only supply more to the tax base.

OK .. just kidding .

We all know that wingers see immigrant kids yearning for an education and say:

"No way, your American dream ends right here, we don't care that you were raised and schooled in this country, we don't care that despite all odds, you've succeeded, we don't care that you're just as 'American' as the next kid."

...all they see are "illegal aliens"


For these students, opportunities that most children take for granted will never be available. They cannot live up to their potential, because they lack the legal documentation to do so. Children that grew up on American soil, respected the laws of this country, and want nothing more than to be recognized for what they are; Americans .... despite the "sins of there fathers."


But it doesn't have to be this way

A simple little bill can change the situation.

At seven pages long it's got a few simple provisions that would allow thousands of kids who've worked hard and played by the rules to qualify for the exact same rights afforded every student in the nation. ... the right to continue their educations and make a better life for themselves and there families.

Wingers call the legislation "just one more shamnsty" bill, because it allows those who have lived here most of there lives, and know no other home, a conditional reprieve from arrest and deportation. It allows them a chance to temporarily shrug off the yoke of their parents "misdeeds" and provides them an opportunity to prove themselves "worthy" of their adopted home.

The DREAM Act would provide nothing more than a path to legality for persons brought illegally to the United States by their parents as children, or whose parents attempted to immigrate legally but were then denied legality.

To qualify, the immigrant student would have to meet certain requirements:

• Proof of having arrived in the United States before reaching 16 years of age;



• Proof of residence in the United States for a least five (5) consecutive years since their date of arrival.



• Having graduated from an American High School, or obtained a GED.



• "Good moral character," essentially defined as the absence of a significant criminal record (or any drug charges whatsoever).

After meeting the above requirements students would be eligible to apply for a temporary six year "conditional" residence permit which would allow them to live legally in the United States. They could obtain driver's licenses, attend college as in-state residents where applicable, work legally (including obtaining a social security number), and apply for special travel documents which would allow for travel outside of the country for limited amounts of time.

During the six years of conditional status, the eligible immigrant would be required to either:

1. graduate from a two-year community college,


2. Complete at least two years towards a 4-year degree, or


3. serve two years in the U.S. military.

After the six year period, an immigrant who meets at least one of these three conditions would be eligible to apply for legal permanent resident (green card) status. During their temporary time, immigrants would not be eligible for federal higher education grants such as Pell grants, though they would be able to apply for student loans and work study.

If the immigrant does not meet the educational or military service requirement within the six year time period, their temporary residence would be revoked and he or she would be subject to deportation.

During the six years, the immigrant must not commit any crimes other than those considered non-drug related misdemeanors, regardless of whether or not they have already been approved for permanent status at the end of their six years.

Being convicted of a major crime or drug-related infraction would automatically remove the six year temporary residence status and he or she would be subject to deportation.

If the immigrant meets all of the conditions at the end of the 6-year conditional period, he or she would be granted a permanent green card with the same rights as a permanent resident alien, including the right to apply for U.S. citizenship.

It's a simple enough bill. No hundreds of pages of legal-speak and loopholes like most immigration related legislation.

The qualifications are simple and cut and dry, The "benefits" and obligations easily understood. You can read a copy here (PDF) to see for yourself.

But there's not much to debate here.

For progressives this choice should be clear. One either sees these children raised and schooled in America as future Americans ...or sees them as nothing more than the products of their parents "misdeeds" who must be punished the rest of their lives as such.

Please show your support for the 2.5 million DREAMERS whose only hope of ever breaking out cycle of undocumented status is the passage of the DREAM Act.

Go to CHANGE.ORG and vote to make the DREAM Act a priority in the upcoming legislative session.

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