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----- Original Message ----- From: Marielena Hincapie - National Immigration Law Center

tina.castanares@...

Sent: Thursday, May 12, 2005 9:27 PM

Subject: Landmark Bipartisan Comprehensive Immigration Reform LegislationIntroduced

Landmark Bipartisan Comprehensive Immigration Reform Legislation Introduced

Senators McCain (R-AZ) and Ted Kennedy (D-MA) today introduced comprehensive immigration reform legislation that represents the most sophisticated and ambitious effort to date to fix our nation's broken immigration system. They were joined by Senators Sam Brownback (R-KS) and Joe Lieberman (D-CT). Identical legislation was introduced in the House by Representatives Jim Kolbe (R-AZ), Jeff Flake (R-AZ), and Gutierrez (D-IL).

Many organizations supporting the rights of immigrants view the Secure America and Orderly Immigration Act of 2005 as the best opportunity for many years to come to enable millions of immigrants living and working in the United States to legalize their status, and to provide the foundation for a saner and more sustainable regulation of future migration. The optimism derives from the fact that the Secure America and Orderly Immigration Act enjoys truly bipartisan support in Congress from its inception and also embodies many elements of the immigration reform principles enunciated by President Bush. All observers agree that meaningful improvements in our immigration system will not be possible without strong bipartisan support.

It is clear, however, that the Republican and Democratic sponsors were each forced to make significant concessions to come to agreement on a shared proposal. We applaud their willingness to step up to the plate and do so, and to take the inevitable hits from friends as well as foes that such a proposal invites.

In bold strokes, the Secure America and Orderly Immigration Act would establish:

* Stricter immigration enforcement, including tighter border security and a new electronic employment verification system;* A new temporary work visa enabling a wider range of migrants with job offers to enter the US legally, thereby greatly reducing future undocumented migration.* An improved family unification system that will reduce the heartbreaking delays experienced by immigrants seeking to rejoin their close family members in the US; and * An eventual avenue to legal status for most undocumented immigrants living and working in the US. (including special provisions for those who were brought here as children)

The proposal includes some innovative new ideas and solutions that are likely to re-frame the immigration debate. At the same time, it requires improvement in some of its core particulars.

For example, despite some gestures to the contrary, the Secure America and Orderly Immigration Act omits important safeguards needed to protect immigrant and U.S. workers from exploitation under the new system. Increased immigration enforcement without sufficient complementary labor protections is a recipe for failure because it leaves in place the powerful incentive for bad-apple employers to bypass and abuse the system so that they can exploit immigrant and other US workers. The legislation also creates a massive new employer verification database and system that raises a host of issues. Another point of contention may be the proposed increase in border enforcement without measures to alleviate the abuse and suffering in the border region that the current enforcement regime produces.

These and other shortcomings may cause reservations among organizations supporting the rights of immigrants. One hope is that any resulting disagreements among individuals and institutions that share common goals will develop into a source of strength rather than weakness in our movement.

One thing is near certain. The introduction of the Secure America and Orderly Immigration Act marks a new stage of a process that eventually will significantly re-write our immigration laws. The specific outcome of this process remains much dependent on the economics and politics of immigration. The best way to ensure that the results are favorable to immigrants is to build the political strength of immigrant communities and for people of good will to continue to work together.

NILC will provide more detailed analysis in the days to come as the final language of the Secure America and Orderly Immigration Act becomes available. Click here for the official press release and a summary of the bill sent out by House Democratic Leader Representative Pelosi (D-CA).

For more information, please contact Marielena Hincapie at hincapie@... or Josh Bernstein at bernstein@....

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