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Members Of Congress Introduce Comprehensive Border Security & Immigration Reform

WASHINGTON - Senators McCain and Kennedy, and Representatives Kolbe, Flake and Gutierrez, joined by Senators Brownback and Lieberman today introduced The Secure America and Orderly Immigration Act of 2005. The legislation follows months of thoughtful debate and negotiation, which has resulted in bipartisan, bicameral, comprehensive border security and immigration reform.

"The status quo is unacceptable, and we need to modernize our broken immigration system to meet the challenges of the 21st Century. And we need policies that continue to reflect our best values as a nation -- of fairness, equal opportunity, and respect for the law. One of the mistakes of the past is to assume we can control illegal immigration on our own. A realistic immigration policy must be a two-way street. Under our plan, America will do its part, but we expect Mexico and other nations to do their part, too, to replace an illegal immigration flow with regulated, legal immigration," said Kennedy.

McCain said, "Homeland security is our nation's number one priority, this legislation includes a number of provisions that together will make our nation more secure. For far too long, our nation's broken immigration laws have gone unreformed -- leaving Americans vulnerable. We can no longer afford to delay reform. I am proud to join my colleagues today as an original Sponsor of this legislation"

"This is a comprehensive bill that doesn't try to solve the hemorrhaging immigration problem with a ban-aid -- this bill is major surgery. The majority of the illegal immigration is happening in Arizona, and I will not stand by and let southern Arizona be the doormat for this country's failed immigration policy," said Rep. Kolbe. "They are illegal immigrants -- they have broken the law and must be punished. That is why this legislation includes strict fines and penalties for those already in this country illegally and tough punishments for employers who hire illegal immigrants. More importantly, it provides the secure identification document so an employer can know the person seeking work is here legally. We must recognize reality and implement a tightly structured guest worker program to securely, and legally, fill jobs that no American is available or wants to do. Over the past several years, border security has been a necessity for all members of Congress, but it has been a top priority for only a few. Today, I am proud to continue my work as one of those few. I will work hard with Senator McCain, Senator Kennedy, Rep. Flake and Rep. Gutierrez to educate Congress and the public about the need for practical reform. We are at an important threshold -- we can either work hard to secure our borders through commonsense reform of our immigration system, or hang-on to unrealistic ideals that will never improve the safety of our country."

"We need a plan that fairly balances national security, economic reality, and worker protections, and I think our bill comes pretty darn close," said Flake. "I believe that this bill is very consistent with President Bush's principles of immigration reform and, given that the President has made immigration reform a priority of his second term, I hope that our colleagues in Congress will give this bill the consideration that it deserves."

"This bill represents a vital step toward an immigration policy that makes sense," Gutierrez said. "It reflects the enormous contributions immigrants make every day, it respects our nation's proud history of welcoming men and women to seek a better life and it better protects our homeland by creating a system of improved accountability and security."

If enacted, this legislation will help America meet 21st century challenges by replacing current outdated immigration laws with reforms that will improve our border security and make immigration policies more realistic and enforceable. The bill will help get control of our borders, strengthen our national security, create an even playing field for employers and ensure full labor rights for all our workers.

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FOR IMMEDIATE RELEASE CONTACT: Laura Capps/Melissa Wagoner May 12, 2005 (202) 224-2633

PRESS CONFERENCE STATEMENT OF EDWARD M. KENNEDY ON COMPREHENSIVE IMMIGRATION REFORM

It is an honor to join Senator McCain and Congressmen Luis Gutierrez, Jim Kolbe, and Jeff Flake in introducing our bipartisan legislation to reform the nation's immigration laws. The status quo is unacceptable, and we need to modernize our broken immigration system to meet the challenges of the 21st Century. And we need policies that continue to reflect our best values as a nation -- of fairness, equal opportunity, and respect for the law.

One of the mistakes of the past is to assume we can control illegal immigration on our own. A realistic immigration policy must be a two-way street. Under our plan, America will do its part, but we expect Mexico and other nations to do their part, too, to replace an illegal immigration flow with regulated, legal immigration.

That's better for American workers, better for American families, and better for American businesses.

We all recognize the need for strong border protection and enforcement as part of immigration reform. It directs the Secretary of Homeland Security to develop and implement a National Strategy for Border Security to coordinate the efforts of federal, state, local, and tribal authorities on border management and security. The Strategy will identify the areas most in need of enforcement and propose cost-effective ways to defend the border, including better ways of technology, improved intelligence-sharing and coordination. It also includes plans to combat human smuggling.

Our bill contains an earned legalization program for immigrants, a way to reduce the enormous backlog of petitions to unify families, and a revised temporary worker program. The bill also contains strict border security and enforcement provisions, coupled with measures requiring other countries to help control the flow of their citizens to jobs in the United States.

Despite our compromises and bipartisan solutions, there are some who oppose these reforms. They misleadingly categorize our efforts as an "amnesty." But, legal status must be earned by proving past work contributions, making a substantial future work commitment, and paying monetary penalties. It is not a guarantee of citizenship, but an opportunity to continue working hard, start playing by the rules, and earn permanent residency.

We offer a fair deal: if they are willing to work hard for us openly, then we're willing to do something fair for them. It's long past time to put the underground economy, above ground, and recognize the reality of immigrants in our workforce.

And by bringing immigrants out of the shadows so they can earn a fair day's pay for a fair day's work, we are protecting American workers' rights and wages, too.

We know that these reforms are long overdue. Americans want and deserve realistic solutions. They don't want open borders, and they don't want closed borders. They want smart borders.

We are a nation of immigrants, and we always will be, and our laws must be true to that proud heritage. Our bipartisan bill attempts to do that, and I look forward to working with the Administration and our colleagues on both sides of the aisle to enact it into law.

McCain-Kennedy-Kolbe-Flake-Gutierrez Bill at a Glance 5/12/2005

Title I: Border Security

• Requires the development of various plans and reports evaluating information-sharing, international and federal-state-local coordination, technology, anti-smuggling, and other border security initiatives

• Establishes a Border Security Advisory Committee made up of various stakeholders in the border region to provide recommendations to the Department of Homeland Security regarding border enforcement

• Encourages the development of multilateral partnerships to establish a North American security perimeter and improve border security south of Mexico

Title II: State Criminal Alien Assistance

• Reauthorizes the State Criminal Alien Assistance Program that provides reimbursement to state and local governments for incarcerating undocumented aliens convicted of crimes

• Allows for funding to pay for additional criminal justice costs associated with undocumented immigrants charged or convicted of crimes

Title III: Essential Worker Visa Program

• Creates a new temporary visa to allow foreign workers to enter and fill available jobs that require few or no skills (the H-5A visa)

• Applicants must show that they have a job waiting in the U.S., pay a fee of $500 in addition to application fees, and clear all security, medical, and other checks

• Requires updating of America's Job Bank to make sure job opportunities are seen first by American workers

• Initial cap on H-5A visas is set at 400,000, but the annual limit will be gradually adjusted up or down based on demand in subsequent years

• Visa is valid for three years, and can be renewed one time for a total of 6 years; at the end of the visa period the worker either has to return home or be in the pipeline for a green card

• Visa is portable, but if the worker loses his job he has to find another one within 60 days or return home

• Ensures that employers hiring temporary workers abide by Federal, state and local labor, employment and tax laws

• Prohibits the hiring of temporary workers as independent contractors

• Protects temporary workers from abuse by foreign labor contractors or employers.

• Gives temporary workers and U.S. workers remedies for violations of their rights

• An employer can sponsor the H-5A visa holder for a green card, or after accumulating four years of work in H-5A status, the worker can apply to adjust status on his/her own

• Sets up a task force to evaluate the H-5A program and recommend improvements

Title IV: Enforcement

• Creates a new electronic work authorization system that will ultimately replace the paper-based, fraud-prone I-9 system, to be phased in gradually

• When operational, the system will be applied universally and cannot be used to discriminate against job applicants

• Individuals will have the right to review and correct their own records; data privacy protections are in place

• Immigration-related documents and US-VISIT will be upgraded to require biometric verification of travelers

• The Department of Labor will have new authority to conduct random audits of employers and ensure compliance with labor laws; also includes new worker protections and enhanced fines for illegal employment practices

TITLE V: Promoting Circular Migration Patterns

• Requires foreign countries to enter into migration agreements with the U.S. that help control the flow of their citizens to jobs in the U.S., with emphasis on encouraging the re-integration of citizens returning home

• Encourages the U.S. government to partner with Mexico to promote economic opportunity back home and reduce the pressure to immigrate to the U.S.

• Encourages the U.S. government to partner with Mexico on health care access so that the U.S. is not unfairly impacted with the costs of administering health care to Mexican nationals

Title VI: Family Unity and Backlog Reduction

• Immediate relatives of U.S. citizens are not counted against the 480,000 annual cap on family-sponsored green cards, thereby providing additional visas to the family preference categories

• The current per-country limit on green cards is raised slightly to clear up backlogs

• Income requirements for sponsoring a family member for a green card are changed from 125% of the federal poverty guidelines to 100%, and other obstacles are removed to ensure fairness

• The employment-based categories are revised to provide additional visas for employers who need to hire permanent workers, and the annual cap is raised from 140,000 to 290,000

• Immigrant visas lost due to processing delays are recaptured for future allotments

Title VII: Adjustment of Status for H-5B Non-Immigrants

• Undocumented immigrants in the U.S. on date of introduction can register for a temporary visa (H-5B), valid for six years

• Applicants have to show work history, clean criminal record, and that they are not a security problem to be eligible for a temporary visa

• They will receive work and travel authorization

• Their spouses and children are also eligible

• In order to qualify for permanent status, workers will have to meet a future work requirement, clear additional security/background checks, pay substantial fines and application fees ($2000 or more per adult) as well as back taxes, and meet English/civics requirements

Title VIII: Protection Against Immigration Fraud

• Attempts to eliminate the exploitation of immigrants by notarios or other unlicensed immigration law practitioners by imposing new legal requirements on such individuals

• Allows immigrants defrauded by unauthorized legal representatives to file actions against their perpetrators

Title IX: Civics Integration

• Creates a public-private foundation under the USCIS Office of Citizenship to support programs that promote citizenship and to fund civics and English language instruction for immigrants

• Provides for new money to fund civic and English language instruction for immigrants

Title X: Promoting Access to Health Care

• Extends the authorization of federal reimbursements for hospitals that provide emergency care to undocumented immigrants; includes H-5A and H-5B workers in the program

Title XI: Miscellaneous

• Distributes the fees and fines paid by H-5A and H-5B workers among the DHS and DOS for processing, DHS for border security efforts, DOL for enforcement of labor laws, SSA for development of the employment eligibility confirmation system, hospitals to pay for uncompensated health care, and the USCIS Office of Citizenship for civic integration and English classes

• Requires the dissemination of information related to the provisions of this legislation

• Includes anti-discrimination protections that cover all workers, including H-5A and H-5B visa holders

Rea d the full article at the senate.gov site

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