Comprehensive Immigration Reform
HR 2330/S1033
November 1, 2005
NETWORK, Immigration, and Catholic Social Teaching
The dignity of the human person is the foundation and center
of the Catholic Social Tradition. Public policy which does not
uphold this value is unjust.
Therefore, as people of faith NETWORK has sought to advocate
for and, most importantly, listen to those who are most vulnerable,
those whose voices are often not heard by those in power: the young,
the poor, the elderly, the sick and the immigrant.
Drawing upon this tradition, NETWORK has sought to understand
the struggles of those new to this country through listening and
dialog and to evaluate public policy through their eyes. Immigration
in the United States is a complex system fraught with misunderstanding
and suspicion, but one thing is clear: the United States is in
the midst of an immigration crisis.
There are too few legal channels for immigration under our current
system. As a result, each year thousands of individuals cross the
border without documentation or overstay their visitor visas. These
undocumented immigrants come to the United States in search of
a better life for themselves and their families. They come to meet
the need for low-skill workers in the hospitality and agriculture
industries. They come to participate in the “American Dream.”
However, the legal gaps in the current immigration system can
darken that dream. Deportation, or the fear of it, rips apart families
and forces hardworking people into the shadows of society. Legally
present workers whose immigration status ties them to only one
employer are vulnerable to exploitation. It is our moral obligation
to find a solution to this human problem, one that protects the
basic human rights of the people involved.
In order to encourage understanding and compassion, NETWORK seeks
to provide information about immigration. Learning about the issue
can help our country move away from fear and aggression to love
and justice. Read on for information NETWORK has compiled regarding
the immigration debate in our current culture, as well as information
about current legislation.
Legislation: Comprehensive Reform or “Enforcement
Only”?
Currently, several immigration reform proposals are competing
in Congress. Senate Majority Leader Bill Frist has promised to
act on immigration reform when Congress returns in January and
House leadership has also committed to acting on the issue soon.
NETWORK welcomes the opportunity to address this human problem,
however, we must ask: what kind of reform?
For any new legislation to be effective, it must be comprehensive.
Some lawmakers, such as Rep. Tom Tancredo (R-CO), advocate reform
which emphasizes increasing border security over the larger needs
the immigration system. This approach merely continues the failed
strategy of the past decade in which the border has become increasingly
militarized yet undocumented migration has not decreased. An undocumented
migrant now faces far greater risks, including death in the desert,
if she/he tries to enter our country, yet thousands continue to
make the journey in search of a better life. For this reason, it
is important that mmigration reform legislation examines the root
cause of undocumented migration, usually lack of economic opportunity
in the home country.
On May 12th 2005, Senators McCain (R-AZ) and Kennedy (D-MA) and
Representatives Kolbe (R-AZ), Flake (R-AZ), and Gutierrez (D-IL)
introduced bipartisan legislation to improve border security and
immigration.
The Secure America and Orderly Immigration
Act (HR 2330/S1033)
would establish:
Border Security
Stricter immigration enforcement, including tighter border security and new
technology to aid in documentation verification
- This legislation provides for an array of tough, smart, new
enforcement measures—for example, innovative technology
to ensure greater border security. All of these measures will
be evaluated in reports to Congress. A greater focus on research
and development of new technologies to aid border patrol will
likely reduce the frustration felt by border agents who are overwhelmed
with the magnitude and scope of their work.
- Under this provision, collaboration between federal, state,
and local offices will aid in the development of implementation
and evaluation strategies. Increased communication will be crucial
for increasing the security of the border regions.
Essential Worker VISA Program
A new temporary worker visa enabling a wider range of migrants with job offers
to enter the U.S. legally
- The new temporary worker visa is called H-5A. In order to
enter the U.S. with this type of visa, applicants will be required
to pass a criminal and security background check, pay a $500
application fee, and undergo a medical examination. The visa
is valid for three years and can be extended for an additional
three year period.
- Workers who are already in the U.S. will be eligible to adjust
their status to that of an H-5B by paying an initial fine of
$1000, submitting fingerprints and other data, undergoing criminal
and security background checks, and proving that he or she has
been working in the U.S. since before the introduction of this
legislation. This visa is valid for 6 years.
- These visas are “portable” which means if a worker
finds her/himself in an abusive work environment, she/he may
quit and find a new job without having to leave the country.
Legalization
An eventual avenue to legalization for most undocumented immigrants living
and working in the U.S. (including special provisions for those who were
brought here as children)
- For those persons who hold an H-5A visa, permanent residency
can be requested after 4 years, and enrolment in English and
U.S. civics classes.
- For those persons who hold an H-5B visa, permanent residency
can be requested afterproving employment, meeting the English
and U.S. civics education requirements, paying an additional
$1000 and an application fee, passing a medical exam, verifying
the payment of all taxes, and passing a security and background
check. The children and spouse of these visa holders may also
apply for permanent residency.
Family Unification
An improved family unification system that will reduce the heartbreaking delays
experienced by immigrants seeking to rejoin their close family members in
the U.S.
- This provision exempts immediate relatives (spouses, children
and parents of U.S. citizens) from the annual cap that is placed
on family-sponsored immigrant visas, ultimately making it easier
for families to reunite. Under this legislation, there would
be an increase in the number of family-sponsored and employment-based
visas per year.
- This section also calls for the reduction of limitations on
orphans and widows, allowing both to qualify for family visas.
“This bill represents a vital step toward an immigration
policy that makes sense,” Representative 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.”
A side-by-side comparison of the major comprehensive immigration
reform policies is available from the Migration
Information Source  .
NETWORK’s Position
NETWORK supports the Secure America and Orderly Immigration Act
because it contains provisions for legalization and family unification
as well as provisions to combat exploitative labor conditions.
NETWORK encourages the continued organizing and collaborating of
immigrant communities and people of good will in an effort to bring
about just, comprehensive immigration reform.
Frequently Asked Questions
The National
Immigration Law Center’s website has a comprehensive
list of Q&As that might be helpful in researching this issue
and the current legislation on immigration.
Immigration Myths
An analysis of the most common myths about immigration in America
from the Immigration
Policy Center
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