TALKING POINTS: "Grand Bargain" or "Bad Deal"?, Immigration Reform

Details of the Senate Immigration Reform Bill, titled “Secure Borders, Economic Opportunity and Immigration Reform Act of 2007”:

New Worker Provisions:

Title IV of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007 (S. 1639) would create a nonimmigrant Y visa program to allow new workers to enter the U.S. on a temporary basis.

Business Immigration Provisions:

The Border Security, Economic Opportunity, and Immigration Reform Act of 2007 (S. 1639) would replace the current employer-sponsored immigration system with a merit-based points system, and would institute reforms to the H-1B, L, and Conrad 30 nonimmigrant visa programs.

Legalization Provisions:

Title VI of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007 (S. 1639) creates a new Z nonimmigrant visa category for individuals currently in undocumented status and provides for earned adjustment to legal permanent residence.

Family Immigration Provisions:

Title V of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007 (S. 1639) would fundamentally restructure the permanent immigration system by largely replacing the current family- and employment-based preference system with a merit-based point system. This title eliminates current family preference categories, severely limits future family immigration, and fails adequately to address the existing backlogs for family-based visas.

Amendments Considered During Senate debate:

This link takes you to a document that contains a list of amendments offered during the Senate Comprehensive Immigration Reform debate.

With Amendments that AILA has taken a position noted accordingly.

Record of roll call votes on amendments to S. 1348 .

American Immigration Lawyers’ Association (AILA) top concerns with Senate Immigration Reform Bill:

Decimated the employment-based immigration system through creation of a mis-named "merit-based" point system that disconnects employment-based immigration from employer sponsorship and eliminates existing avenues of migration for aliens of extraordinary ability, multinational executives, and outstanding researchers.

Gutted family-based immigration by eliminating 4 out of 5 long-recognized family relationships that qualify an individual for green card sponsorship in exchange for a partial reduction of the backlogs in those categories.

Lack of meaningful opportunities for new temporary workers to transition to permanent residence.

Lack of sufficient future numbers for employment-based immigrants at all ends of the skill spectrum.

Unwarranted restrictions on the H-1B and L-1 nonimmigrant visa programs.

Lack of sufficient confidentiality protections for Z-visa applicants.

Necessary architecture for meaningful reform must include:

A clear path to lawful residence for those who come forward, pay fines, and demonstrate their commitment to becoming Americans by earning their status through working and learning English.

A new worker program that includes labor protections, job portability, and a realistic path to permanent residence.

Elimination of the existing unconscionable backlogs in family immigration and recalibration of our employment-based immigrant visa quotas to accommodate the needs of our dynamic and growing economy.

Smart border and worksite enforcement mechanisms that protect our national security interests, while respecting civil rights.