The immigration issue: two years out.

This October will mark the second anniversary of the publication of "Respect for the Law & Economic Fairness: Illegal Immigration Prevention", by Republican spinmeister, Frank Luntz.

Intended as a blueprint for winning the 2006 midterm elections, the 25-page memo laid out a strategy to provide cover for Republican candidates hampered by waning poll numbers. Luntz'a plan was to blame "illegal aliens" for all the nations social and economic ills, enabling a shift of attention from an unpopular war, unpopular economic policies, and an unpopular President.

Cleverly framing the issue in reactionary populism, Luntz's strategy pitted hard-working, tax-paying, "real Americans" against shiftless "illegals" looking for a free ride at the nations expense.

Of course with hindsight, we now know this strategy failed politically, polarizing and fracturing the Republican party. But Luntz's handiwork has had a lasting effect on national discourse and led to a level of societal toxicity that could have lasting effects well beyond his political machinations.

By December 2005, Congress passed the first in a series of "immigration reform" measures aimed at whipping up the electorate… the punitive, enforcement-only, Sensenbrenner Bill (HR4437). … a bill so vile it brought millions into the streets the following spring to oppose it.

In the following two years, three other major pieces "immigration reform" legislation have been proposed, two in the Senate, last years Kennedy-McCain Bill (s. 2611), and this years "Grand Compromise" (s.1639). With the reintroduction of the STRIVE ACT about to take place in the House, a third now joins them.

But each of these legislative efforts has been highly flawed. This in large part due to the work first done by Luntz in 2005. Having set the tone and timbre of the debate early on, every successive piece of immigration legislation in the last two years has moved further and further to the right.

In an attempt to find the "sweet spot" in Republican politics that would appease the restrictionist wing of the party and their followers, who have been the subjected to an unprecedented propaganda campaign, while still leaving enough concessions to make the business wing happy, every imaginable kind of "compromise" and concession has been put forward..

The list of compromise proposals is long. Touchbacks, triggers, more guestworkers, heavy fines, English-only, Z Visas, Y Visas, more walls, conditional status, the merit system, are but a few. All of them having no real purpose except to reconcile the two opposing factions within the Republican Party.

The Democrats have faired no better on this issue.

While almost universally accepting the notion of "comprehensive reform", what is meant by that catch-all term seems to vary greatly from one Democratic politician to the next. Very few have been willing to step beyond the confines of the debate as currently framed and propose the sweeping kind of reform called for.

Nothing is mentioned addressing the neo-liberal free-trade policies that have been the root cause of much of the inter-hemispheric migration taking place today.

None seems willing to counter the talking points of the extreme far-right that are clearly based on xenophobia and ethnocentrism.

None will step up and tie immigration reform to a broader policy of workers rights for all US workers, whether native or foreign-born.

None seem willing to close the loopholes in immigration policy that have allowed unscrupulous employers to game the system in regards to work visas and manipulate US labor markets to the detriment of both foreign and native-born workers in certain sectors.

They have forgotten the very roots of their party… A party built on the sweat and sacrifice of working people of all nation origins, races and creeds.

Now content to triangulate positions based upon some misguided belief of where the "magic middle" exists on any given issue, the Democrats have conceded the field to the opposition on immigration reform as just they have on many other important issues.


This lack of strong Progressive and Liberal voices has allowed for national polarization. As the debate has unfolded over the past few years, the bulk of the discussion has been dominated by voices from an increasingly unfriendly traditional media. From right-wing talk radio personalities to TV news commentators and pundits, a constant flow of anti-immigrant rhetoric has proliferated. The list of prominent anti-immigrant voices is long and a daily barrage of misinformation and propaganda from Lou Dobbs, Pat Buchanan, Rush Limbaugh, Michael Savage, and FOX news has managed to poison any meaningful national discussion.

Even in the "New Media," which has increasingly become dominated by a rapidly growing Progressive internet presence, strong pro-reform voices have not come to the forefront.

While Progressive bloggers have had exponential growth in both numbers and political influence over the past few years, the immigration reform community has not benefited from this explosive growth.

This in part is due to the very lack of cohesive message that plagues the movement in general.

Like the broader Democratic Party, Progressives and Reformers have been all too willing to accept an ever moving target, determined by those opposed to any sort of reform, when considering what immigration reform should and shouldn't look like.

Thus far the reform movement has yet to become any more than a loose confederation of groups and advocates, often with agendas at opposition to one another. The movement is yet to put forth a cohesive set of goals and expectations beyond the vague concept of "comprehensive reform".

In order for any large scale movement demanding reform to be effective, a firm set of unified goals and expectations must be set.

Rather than always reacting to what legislation has been presented to us, the movement must define a firm set of goals as to what true immigration reform should be, then take those goals and march with them. These goals, once set, should become the cornerstone on which meaningful reform is built and should be presented to our political leadership to become the bedrock on which policy is crafted.

The time is now for those who truly want to advance the cause of immigration reform to come together and begin the hard work of crafting just such policy.

Policies that will address what future immigration should encompass.

Policies that will ensure that not only the immediate concerns of those here today are addressed, but also the concerns of those who will follow in the future.

Policies that look at the global realities of how US economic and foreign policy decisions effect and contribution to worldwide migration.

Policies that will ensure that all workers, both US and foreign-born are treated with dignity and economic justice.

Unless we, as Progressives and reformers, begin this needed dialogue amongst ourselves and start the hard work of reaching consensus, will forever be playing catch-up behind the likes of Lou Dobbs and Pat Buchanan as they continue to frame the national debate with the words of Frank Luntz and the Republican spin machine.

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Analysis of STRIVE Act (Part 1: Enforcement Sections)

This is the first in a series of articles intended to look at some of the key provisions of the “The Security Through Regularized Immigration and a Vibrant Economy Act of 2007” (STRIVE Act of 2007) introduced by U.S. Representatives Luis Gutierrez (D-IL) and Jeff Flake (R-AZ).

There has already been a great deal of information made available about the bill, much of it supplied by the immigration law community. Two extensive section by section summaries are available here, and here and the AILA has posted a summary for download here. Additionally, the complete text of the bill is available for download from the GPO here.

This analysis is intended to supplement those summaries already available by highlighting those areas of the bill that are the most troubling and will need revision or modification in order to produce the kind of meaningful legislation we hope to see coming out of this congress.

I must provide a caveat that I'm not an attorney and in no way claim any more than a layman's comprehension of the intricacies of the proposed legislation. Yet, one need not be an attorney to see some of the most glaring inadequacies of the bill, and it is those inadequacies I hope to shed some light on through this analysis.

In this first installment, we'll be looking at the first three sections of the bill that deal with the enforcement aspects of the legislation. TITLE I – BORDER ENFORCEMENT, TITLE II – INTERIOR ENFORCEMENT, and TITLE III – EMPLOYMENT VERIFICATION. In subsequent installments we'll examine the sections dealing with guest workers and legalization of the current undocumented population.

Since STRIVE creates a "trigger" mechanism which prevents the implementation of other aspects of the legislation from going into effect until the enforcement goals are achieved, they in effect become the linchpin of the entire bill.



SECURITY THROUGH REGULARIZED IMMIGRATION AND A VIBRANT ECONOMY ACT OF 2007 (“STRIVE” ACT OF 2007)

Certification Requirements Prior to Implementation of New Immigrant Worker Programs:

The bill opens with the Certification Requirements that must be met before any guest worker program or plan to legalization the current undocumented population can take place. This is the "triggers" section of the bill. Nothing can happen until these requirements are met:

• Secure Border. DHS submits a report on the status of implementation of the border surveillance technology improvements called for in the Secure Border Initiative including target dates for completing them.


• Secure Documents. The systems and infrastructure needed to make improvements to immigration documents that will be issued under the new guest worker and conditional non-immigrant programs have been developed, tested and are ready for use. Infrastructure needed for FBI security checks must be in place.


• Electronic Employment Eligibility Verification System. The first phase of the new system (applicable to critical infrastructure employers) has been implemented

(This initial section indefinitely delays the implementation of any form of reform in immigrant status until the Secretary of DHS certifies that certain "border security" aspects of the bill are completed. In essence the current undocumented population would remain in jeopardy, subjected to raids, incarceration, and deportation until such time as the DHS can implement numerous costly and complicated programs laid out in sections I through III.)

TITLE I – BORDER ENFORCEMENT

SUBTITLE A, sec 101-107 calls for recruitment of former members of the Armed Forces to serve as border patrol agents and increasing the availability and use of Department of Defense equipment to assist in surveillance activities to prevent illegal immigration. Adds just under 12,000 new Border Patrol agents over 5 years, 1000 more ICE agents, and 50 more US Marshalls. Calls for the building of roads and additional ports of entry, and the purchase vehicles and unmanned surveillance aircraft.

SUBTITLE C, sec 124 Governors may authorize National Guard troops to engage in reconnaissance activities, provision of translation services, emergency medical assistance services, the rescue of aliens in peril, and the construction of roadways, patrol roads, fences and barriers at the border for up to 21 days per year.

(These sections further militarize the border)


SUBTITLE D – Secure Entry Initiatives

Sec. 131 calls for enhance connectivity between DHS’ Biometric Fingerprint Identification System and the FBI’s identification system and the collection of all fingerprints from each alien required to provide fingerprints during the alien’s initial enrollment in the integrated entry and exit data system.

Sec. 134 states that no later than December 31, 2008, all immigration-status documents, other than interim documents, issued by DHS must be machine-readable, tamper resistant and incorporate biometrics.

(These sections require the expansion of data collection and issuing of new boimetric documentation to all current and future immigrants before any other reform measures can be enacted)

Sec 136 This section creates new crimes and penalties for evading border inspection. Prison terms of three to ten years are issued depending on whether violence is used or not. Any person who willfully disregards or disobeys the command of an immigration agent shall be fined or imprisoned for not more than five years or both.

(This section lays out the first of many new penalties aimed at those trying to cross the border. As will be seen in future sections of the bill, most of the "tough enforcement" measures in this bill are aimed exclusively at the roughly 55% of illegal entrants who cross the border on foot or by vehicle, as opposed to those who overstay visas. Where last years Sensenbrenner House Bill made all undocumented immigrants felons based on their illegal presence in the United States, the Gutierrez-Flake bill makes all immigrants who entered without inspection criminals. This is a subtle yet substantial distinction that runs throughout the bill. It divides those who had the ability to enter legally, then went out of status by over-staying their visas, and those who come from a country or economic class where non-immigrant visas are routinely denied into essentially two different classes of undocumented immigrants.)

TITLE II—INTERIOR ENFORCEMENT

SUBTITLE A - Reducing the Number of Illegal Aliens in the United States

Sec. 206 authorizes the use of expedited removal procedures to determine the deportability of aliens who are non lawful permanent resident aliens and who have been convicted of any criminal offense that establishes the alien's deportability under the INA relating to aggravated felonies.

(This section, along with new broader definitions of "aggravated felonies" set forth in Sec. 233, that include any offenses described in the aggravated felony definition regardless of whether the offense are state or federal violation and include foreign offenses where the imprisonment was already completed, gives the DHS expanded power to deport undocumented immigrants without all the rights of due process.)

Sec. 214 Creates a new ground of inadmissibility and deportability for persons convicted three times of drunk driving, one of which is a felony under state or federal law and for which the alien was sentenced for one year or more.

(This section further expands the list of deportable crimes)

Sec. 217 authorizes DHS to construct and acquire at least 20 additional facilities for the detention of aliens that have a capacity to detain a combined total of not less than 20,000 individuals at any time for aliens pending removal or a decision on removal.

Sec. 219 expands the Justice Prisoner and Alien Transfer System (JPATS). The expansion will include increasing the use of buses and air hubs in three geographic regions.

(These section further expand the DHS' detention and removal system. (last year JPATS air service transported a record 116, 000 undocumented immigrants to holding facilities or their countries of origin)

Sec. 221 This section amends the criminal code and expands penalties for passport, visa and
document-related fraud .

Any person who:

• knowingly uses any immigration document issued or designed for the use of another
• alters, any immigration document
• completes, presents, signs, or submits any false document
• possesses, uses, transfers, receives, buys, sells, or distributes any immigration document knowing it to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority
• adopts or uses a false or fictitious name to evade or to attempt to evade the immigration laws
• or transfers or furnishes, without lawful authority, an immigration document to another person for use by a person other than the person for whom the passport was issued or designed

shall be fined under this title, imprisoned not more 15 years, or both.

Any person who:

• uses an identification document, knowing (or having reason to know) that the document was not issued lawfully for the use of the possessor to obtain employment
• Uses an identification document knowing (or having reason to know) that the document is false to obtain employment
• Makes a false attestation to obtain employment

shall be fined under this title, shall be imprisoned not more than 5 years, or both.

(The broad wording of this section would make the vast majority of undocumented immigrants, who use false or altered documentation to obtain employment, housing, and other essentials, subject to criminal penalties including up to 15 years in prison for possessing false documentation. It essentially criminalizes the vast majority of undocumented immigrants)


SUBTITLE C: Detention and Removal of Aliens

Sec. 231 This section deals with the circumstances whereby DHS can detain undocumented immigrants longer than 90 days. Essentially this is the "indefinite detention" section of the bill. It actually it expands beyond Sensenbrenner the circumstances by which an undocumented immigrant can be detained for an indeterminate period of time.
An alien can be held if:

• the alien is likely to be removed in the reasonably foreseeable future


• the alien has failed to make a timely application, in good faith, for travel documents or has otherwise conspired or acted to prevent the removal of the alien


• the alien would have been removed if the alien had not
  (a)failed or refused to make all reasonable efforts to comply with the removal order
  (b) failed or refused to fully cooperate with the DHS to establish his identity and carry out the removal order, or
  (c) conspired or acted to prevent such removal


• the alien has a highly contagious disease that poses a threat to public safety


• there is a reason to believe that the release of the alien would threaten the national security of the United States; or


• release of the alien would threaten the safety of the community, been convicted of an aggravated felony as defined by the act, or has a mental condition or disorder that would lead to acts of violence.

(Currently indefinite detention is usually applied to non-citizens ordered removed from the United States whose countries refuse to accept them or who have no country because they are stateless. This is particularly true in the case of asylees from states that either have no repatriation policies like China or have poor diplomatic relations with the US. This legislation would greatly expand the circumstances under which an undocumented immigrant could be held indefinitely to include those who failed to fully cooperate with the DHS on numerous counts)

Section 235. Illegal Entry
This section makes it a criminal offense to knowingly enter or cross the border into the U.S. at a time or place other than as designated by the DHS; to knowingly elude examination or inspection by an immigration officer (including failing to stop at the command of such officer) or a customs or agriculture inspection at a port of entry; or to knowingly enter by means of a false or misleading representation or concealment of a material fact. Criminal penalties under this section increase if the violation occurred after a criminal conviction(s).

This section also increases the civil penalties for aliens apprehended while entering, attempting to enter, or knowingly crossing or attempting to cross the border to the United States at a time or place other than as designated by immigration officers.

(This section contains a crucial point in the Gutierrez-Flake bill. The bill has shifted the criminalization of undocumented immigrants from the "illegal presence" model of HR4437 that made being in the country without proper documentation a criminal offense, to an "illegal entry" model whereby entering the country without proper documentation becomes a criminal offense. Although the outcome of both bills would make a vast numbers of undocumented immigrants criminals, the Gutierrez-Flake model essentially exempts those who have entered legally then overstayed their visas. This targeting of those who have crossed the border without proper documents can only be seen as an obvious attempt focus attention on those from Mexico and Central America.)

TITLE III – EMPLOYMENT VERIFICATION

Sec. 301. Employment Verification.
This section makes it unlawful to hire or continue to employ anyone that an employer knows is not authorized, provides good faith shield for employers, and authorizes the DHS to require employer certify compliance.
The employment verification system is significantly altered by now only allowing for a limited number of identification documents to work for employment verification purposes.

For U.S. nationals:

• passports


• a biometric, machine readable, tamper-resistant social security card


• REAL ID driver’s licenses or identity cards

For lawful permanent resident:

• Permanent residence cards


• tamper-proof employment authorization cards issued by the Department of Homeland Security and developed by the Social Security Commissioner

For non-LPR who is authorized for employment:

• An employment authorization card that has a photo or other identifying information including name, DOB, gender and address, and contains security features


• a biometric machine readable, tamper-resistant social security card.

For worker who is not able to obtain a document listed above, a document designated by the DHS that contains:

• A photo or other identifying info including name, DOB, gender address, and


• security features, or


• until the employer required to participate in the Electronic Employment Verification System (EEVS), a document or combination of documents, that as of enactment of this bill, the DHS has established by regulation.

This section also creates a new employment verification system. The Electronic Employment Verification System (EEVS) revolves around a new biometric, machine readable, social security card that all residents will be required to possess. Additionally a cross-agency, cross-platform system will be implemented to share immigration, tax and social security information.

Within a year, all “critical” employers - mainly government agencies – must be using the system. Within two years, all employers with more than 5,000 workers must be using the stem. Within three years, al employers at the 1000 to 5000 level must be using the system. And within four years, all employers must be using the system.

This section raises many concerns. The limiting of acceptable documentation, even for US nationals, will adversely impact thousands of low-income U.S. workers who do not possess the type of identification required to obtain a job. The REAL ID drivers license program that is crucial to the plan has been roundly rejected by many of the states and it's doubtful it will universally accepted in any reasonable timeframe.

Although the bill goes to some length to point out it's not calling for a National ID, the new "secure" Social Security card that the bill requires, along with the information sharing requirements between the DHS, SSA, and IRS that go along with it, can be seen as nothing short of a de facto National ID.

Conclusion part I

One of the major flaws in Gutierrez-Flake bill is its attempt to find a compromise position somewhere between last year's Senate bill and the Sensenbrenner House bill. In trying to be all things to all people it has managed to encompass some of the worst aspects of both bills. The policy that most of the enforcement aspects of the bill must be effective before the "trigger" mechanism will be enacted for real immigration reform will effectively put meaningful reform on hold for possibly years.

The primary beneficiaries of the “trigger” benchmarks that could indefinitely delay urgently needed legalization will not be the American people who overwhelming want true comprehensive reform, or the millions of current undocumented immigrants living in an "immigration limbo", but rather the business interests that stand to reap huge financial benefits from supplying the needed technology and infrastructure required by the bill.

The very companies that have been the real beneficiaries of our current Iraq policy: Boeing, Ericsson, Lockheed, Northrop Grumman, Raytheon, etc. are now redirecting their efforts on the US border as the prospects for huge windfalls in Iraq come to a close. At the invitation of the Department of Homeland Security, Lockheed currently has more than 100 executives working on the Secure Border Imitative. Boeing, Ericsson, Northrop Grumman and Raytheon are vying for the same slice of the DHS budget pie. According to CorpWatch, each of these rivals has between 70 and 100 executives assembling security teams and designing new border technologies.

Additionally, the keeping, or shifting, of many of the worst aspects of last years House bill in regards to criminalization of the undocumented make the Gutierrez-Flake bill a highly flawed piece of legislation.

But it is not beyond repair.

Comprehensive reform can be accomplished…and the Gutierrez-Flake bill appears to be the starting point we must begin our journey from….it will be a long …but it can be done. But it must be realized that as currently written the bill is a most unacceptable attempt at true immigration reform.


In the second part of this series we'll look at the guest worker and the path to legalization aspects of the bill


tags: immigration, STRIVE Act , Flake, Gutierrez, HR1645, H.R.1645

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Overview of STRIVE Act

UPDATE 3-24-2007-2:00AM: Full text of the bill is now available for download HERE (PDF 2Mb)

Yesterday, Reps. Luis V. Gutierrez (D-IL) and Jeff Flake (R-AZ.) introduced the House version of long awaited immigration reform legislation. The "Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act" contains most of the provisions of the bill that came out of the Senate Judiciary Committee last year with additional "triggers" added that would insure that the border security aspects of the bill were working before any legalization of the current undocumented population could begin. Additionally, a "touchback" provision was added requiring some undocumented immigrants to leave the country and re-enter before normalizing their status.

The bill will now move to the Immigration Subcommittee of the House Judiciary Committee, chaired by Zoe Lofgren, where it could become the basis of a new House immigration bill. Lofgren could also choose to modify it or start from scratch with an entirely different bill that the committee would then work from.

The full text of the bill is yet to be released but a synopsis was provided yesterday by the House.

Overview of the Security Through Regularized Immigration and a Vibrant Economy Act of 2007 (STRIVE Act of 2007)

TITLE I: SECURING OUR BORDERS

Sets certification requirements that must be met before implementation of the New Worker Program and the program to legalize undocumented individuals. The Secretary of DHS must certify to Congress that improvements in border surveillance technology are being implemented; that the systems and infrastructure necessary to carry out improvements to immigration document security are ready to use; and that the first phase of the Electronic Employment Verification System requiring the participation of critical infrastructure employers has been implemented.

• Increases border and other enforcement personnel, including port of entry inspectors, immigration and customs enforcement investigators and border patrol

• Accelerates technology and border infrastructure, including unmanned aerial vehicles, cameras, poles, sensors, and other technologies necessary to achieve operational control of the border

• Requires DHS to develop a national strategy for border security and comprehensive plan for surveillance of the international land and maritime borders of the United States

• Requires the U.S. to work with Mexico to address border security, human trafficking, drug trafficking, and gang activity.

• Requires DHS to make biometric data enhancements to travel documents and provide Customs and Border Protection officers with training on document fraud detection and identification.

TITLE II: STRENGTHENING INTERIOR ENFORCEMENT

• Expands the types of crimes and increases penalties related to passport, visa and document fraud

• Enhances criminal penalties for aliens associated with money laundering

• Increases criminal penalties associated with firearms offenses for aliens

• Creates new immigration penalties for aliens convicted for drunk driving and gang crimes

• Increases criminal penalties associated with alien smuggling

• Enhances the criminal penalties associated with the unauthorized employment of aliens

• Allows DHS to detain certain aliens with removal orders beyond the 90 day removal period

• Enhances the address reporting requirements under the immigration law

• Requires DHS to significantly increase the number of facilities for the detention of aliens (at least 20 additional detention facilities that have the capacity to detain 20,000 aliens)

• Clarifies the authority of state and local law enforcement to enforce criminal immigration laws

TITLE III: BOLSTERING EMPLOYMENT VERIFICATION

• Sets up an employment verification system for employers to verify each new hire’s authorization to work.

• The new system will eventually apply to all workers and all new hires, and will be rolled out in phases, beginning with critical infrastructure employers and large employers.

• Creates significant civil penalties for employers who do not comply with the requirements under the new system and establishes serious criminal penalties for knowingly hiring unauthorized aliens. Debars employers who repeatedly violate these provisions from government contracts, grants, and agreements.

• Includes privacy safeguards. Limits the data that can be collected and stored in the database and requires the agencies to develop the system with maximum security and privacy protections. Requires the agencies to evaluate impact of system from a privacy perspective and complete privacy impact statements. Prohibits creation of a national identification card.

• Includes anti-discrimination provisions. Forbids employers from using the new system to discriminate against applicants or employees on the basis of nationality. Prohibits employers from terminating employment due to a tentative non-confirmation, using the system to screen employees prior to offering employment, or using the system selectively.

TITLE IV: NEW WORKER PROGRAM THAT REFLECTS REALITIES OF OUR WORKFORCE

Worker Visa Program: Creates a legal channel for future immigrant workers (and their spouses and children) by establishing the H-2C visa, which is valid for three years and renewable for another three. Employers must attempt to hire U.S. workers by first offering the job to any eligible U.S. worker who applies and is qualified and able. To achieve this, employers must go through a rigorous recruitment process. Employers are barred from hiring new immigrant workers if they are located in an area with an unemployment rate higher than 9 percent for workers whose education level is at or below a high school diploma.

The visa program has an initial cap of 400,000 which adjusts yearly based on market fluctuations. Requires H-2C immigrants who are unemployed for more than 60 days to leave the United States. Includes the following labor rights and protections for H-2C workers: fair and competitive wages, the ability to travel outside the United States, whistleblower protections, flexibility to change employers (“portability”), an opportunity to apply for conditional permanent residence after five years of employment and eventual citizenship, if desired, among other protections.

Requirements to be Met by Applicants for an H-2C Visa:

• demonstrate job qualifications and provide evidence of a job offer from a U.S. employer


• complete criminal- and terrorism-related background checks


• pay a $500 application fee


• undergo a medical exam


• show admissibility to the U.S. (certain bars to admission related to undocumented status may be waived; security and criminal related bars may not be waived)

Earned Citizenship: Provides new workers (and their spouses and children) with an opportunity to apply for conditional permanent residence and eventual citizenship. The immigrant may apply through an employer or by self-petition after working for 5 years and paying a $500 application fee.

Requirements for Earned Citizenship

• show physical presence in the U.S. and evidence of employment


• complete criminal and security background checks


• pay $500 application fee


• meet English and civic requirements


• show admissibility (certain bars to admission related to undocumented status are waived; security- and criminal-related bars may not be waived)

TITLE V: REFORMING A BROKEN VISA SYSTEM IN A WAY THAT PROTECTS FAMILIES

The STRIVE Act overhauls the family-based and employment-based immigration system to reduce backlogs and inefficiencies. The legislation provides opportunities for high skilled workers to come to, and remain in, the U.S. It also addresses employment needs in shortage occupations, such as nursing.

TITLE VI: EARNED LEGALIZATION FOR QUALIFIED, HARDWORKING INDIVIDUALS

Visa Program for Qualified Undocumented Workers: Creates a new visa program (conditional nonimmigrant status) for undocumented immigrants and their spouses and children in the U.S., which is valid for six years. Provides conditional nonimmigrant visa applicants with work and travel authorization and protection from removal. Provides certain immigrants in removal proceedings, facing removal, or ordered to depart voluntarily with an opportunity to apply for conditional nonimmigrant status. Bars related to undocumented status will be waived (security and criminal bars cannot be waived);

Requirements for Conditional Nonimmigrant Status:

• Establish continuous presence in the U.S. on or before June 1, 2006;


• Attest to employment in the U.S. before June 1, 2006 and employment since that date (and submit related documentation);


• Complete criminal and security background checks;


• Pay a $500 fine plus necessary application fees (fine exemption for children).
  Other Criteria for Conditional Nonimmigrant Status:


• The individual must not be ineligible to receive a visa pursuant to the Immigration and Nationality Act;


• The individual has not been convicted of a felony or three or more misdemeanors;


• The individual has not participated in the persecution of another person on account of race, religion, nationality, membership in a particular social group or political opinion;


• The individual has not been convicted by final judgment of a particularly serious crime and there are no reasonable grounds for believing that the alien has committed a particularly serious crime abroad before arriving in the U.S.; and


• There is a penalty of up to five years' imprisonment for anyone who willfully falsifies information in an application for conditional nonimmigrant status.

Earned Citizenship: Provides qualified conditional nonimmigrants and their spouses and children with an opportunity to apply for lawful permanent resident status (green card) and eventual citizenship. Applicants go to the back of the line for permanent visas; the current immigrant backlogs must be cleared before qualified conditional nonimmigrant visa applicants (and their families) can adjust to permanent resident status. Immigrants who adjust from a conditional nonimmigrant visa (including dependents) to lawful permanent resident status shall not be counted against the worldwide numerical visa caps.

Requirements for Earned Citizenship:

• Meet employment requirements during the six-year period immediately preceding the application for adjustment;


• Pay a $1,500 fine plus application fees;


• Complete criminal and security background checks;


• Establish registration under the selective service (if applicable);


• Meet English and civic requirements;


• Undergo a medical examination;


• Pay all taxes;


• Show admissibility to the U.S.; and


• Meet a “Legal Reentry” requirement during the six-year period in conditional nonimmigrant status but no later than 90 days before filing an application for adjustment to lawful permanent resident status. Paperwork processing is performed in the U.S. An exit and re-entry through any port-of-entry is required. Limited exceptions apply.

Title VI also includes the DREAM Act of 2007 and AgJOBS Act of 2007.

TITLE VII: MISCELLANEOUS

The bill also would increase resources for the immigration court system, provides relief for immigrant victims of the 9-11 attacks and their families, and facilitates naturalization for members of the armed forces.

link

Related:
Analysis of STRIVE Act (Part 1: Enforcement Sections), Migra Matters

From more detailed information see the longer version of the synopsis. (12pg PDF)

A complete text of the bill is now available for download HERE (PDF 2Mb)


tags: immigration, STRIVE Act , Flake, Gutierrez, HR1645, H.R.1645

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