Guide to the immigration bill

What the bill covers

There are eight titles in the bill. Here's a brief summary of each:

TITLE I--BORDER ENFORCEMENT: Increase in border patrol agents, technology assets (including aerial drones, electronic surveillance, etc.), checkpoints, ports of entry, border fences, human smuggling, cooperation with the Mexican government, biometric identification and tracking systems, and deploying National Guard for border protection.

TITLE II--INTERIOR ENFORCEMENT: Identification, detention, and removal of terrorists, regulation of gang members, alien smuggling, illegal entry and reentry, regulation of passport, visa, and immigration fraud offenses, incarceration of criminal aliens, deportation, sale of firearms to aliens, state assistance programs, and money laundering.

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS: Worksite enforcement, fraud detection, and antidiscrimination protections.

TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM: Establishes a "Y Visa" Temporary Guest Worker program, lays out the visa requirements and employer obligations, sets numerical limitations, changes H-1B visa regulations, establishes a "willing worker" and "willing employer" databases, and enacts an extensive alien employment management system.

TITLE V--BACKLOG REDUCTION: Deals with eliminating the existing backlog of visa applications and regulations for various classes of workers and other immigrants.

TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS: This section deals with illegal immigrants currently in the U.S., and implements the controversial "Z visa" program. It also covers immigrant education and health care benefits, strengthening American citizenship, and addressing poverty in Mexico.

TITLE VII--MISCELLANEOUS: Deals with immigration litigation, appeals, and review, designates personnel for immigration review and appeals, non-citizen membership in the armed forces, humanitarian provisions, requirements for naturalization, and various government study and information programs. It also establishes English as the official language of the United States and excludes illegal aliens from Congressional apportionment tabulations.

TITLE VIII--INTERCOUNTRY ADOPTION REFORM: Deals with international adoption procedures.

This is a huge, complicated bill that was only submitted in its final form over the weekend. It's somewhere between 350-450 pages. As Jeralyn Merritt says, it's difficult to comprehend how the Senate can effectively debate it when it is virtually impossible for anyone to have read it and studied it yet.

The best summary/interpretation of the bill so far is here:

American Immigration Lawyers Association (PDF format)

Another excellent summary is here:

Greg Siskind, immigration law firm of Siskind Susser Bland, P.C. (PDF format).

Differences from last year's attempt (S.2611) are highlighted in blue. These are essentially the "compromise" portions of the new bill.

Here is a shorter summary of the summary by the author.

Controversial provisions

The most controversial provisions are the "Y Visa" guest worker program and the "Z Visa" for illegal immigrants currently in the U.S.

The Y Visa guest worker program provides for:

• Y-1 visas for 400,000 non-seasonal guest workers, with market adjustments (Ed. note: an amendment last week reduced this figure to 200,000)

• Y-2A visas for agricultural seasonal workers, no limit

• Y-2B visas for 100,000 non-agricultural seasonal workers, with market adjustments

• Y-3 visas for spouses and minor children, no more than 20% of Y-1 total

• Y visa workers must be paid the prevailing wage

• Y-3 visa holders must have health insurance, and their principal Y visa holder must earn 150% of poverty level

• Y visas are issued for two years, and can be renewed after the owner leaves the country for twelve months

• Y visa employers must advertise jobs, submit to state employment agencies, show preference for U.S. workers, attest that no U.S. workers were available to do the work or will be displaced, pay worker impact/filing fees or provide insurance

The Z Visa legalization program provides for:

• Z-1 visas for undocumented aliens, must be employed, must prove continuous employment, must pay total of up to $5000 in penalties and fees, eligibility based on a new merit points system for permanent residents, requires fingerprinting and background check

• Employers are immune from prosecution for illegal hiring discovered by way of Z-1 applicant's documentation of employment

• Z-2 visas for spouses or elderly parents of Z-1

• Z-3 visas for children of Z-1 under 21

• Z-1 visas are portable to new employers, and Z-2 visa holders are authorized to work

• Z-1 applicant must return to country of origin to apply (the "touchback" provision), Z-2 and Z-3 relatives are not required to return

• Initial four year status for Z visa holder, with one four year extension for a total of eight years, after which they must pass the naturalization test, with some exceptions for disability

In addition, Z visas would only be available once a set of predefined triggers have been met. These include, 18,000 new border patrol officers, 200 miles of vehicle barriers and 350 miles of fencing, 70 ground-based radars and camera towers on southern border, deployment of four unmanned aerial vehicles, resources to detain 27,500 aliens per day on an annual basis, and implementation of secure identification tools.

Point system

The new point system applies to all immigrants who apply for permanent residency or naturalization. Varying levels of points are awarded for:

• English proficiency

• Education, with additional points for science, math, and technology

• Job offer in a high-demand field

• Work experience in the United States

• Employer endorsement

• Family ties to the United States

(Sources for above here and here.)

Punditry, politics, reaction

• White House

• Senate Majority Leader Harry Reid

• House Speaker Nancy Pelosi

• Center for American Progress

• National Review

• Heritage Foundation

• New York Times

• Association of Community Organizations for Reform Now (ACORN)

• National Immigration Forum

• National Council of La Raza

• Mexican American Legal Defense and Educational Fund

• American Civil Liberties Union

• Chris Kromm

• Latest Google news...