Wednesday, January 6, 2010

Bill is introduced: Prospects for Amnesty (Part II) [Translation 1st Draft]

Bill is introduced: Prospects for Amnesty (Part II)
By Alex Gillis (UTI)

Madison, WI-Illinois Congressman Luis Gutierrez introduced a proposal that, among other initiatives include the legalization and family reunification of millions of immigrants.

Last week we commented on the sections dealing with the legalization of undocumented immigrants, Border Security, Promoting Family Unity, Verification of employment. In this issue we will complete the analysis of CIR bill ASAP with the other main points:

New rules for raids and related activities.


POSITIVE: Expands the U visa protection for victims of abuse that decided to file claims against abuses.
Repealing local partnership program with ICE or 287 (g) and confirms that only the federal government has the authority to enforce federal immigration law.
It requires ICE to review immigration status of detainees to protect U.S. citizens, legal permanent residents and others lawfully in the U.S.
Ensure social service agencies, translators, and legal services are available during the raids, and provides access to legal orientation programs for all immigrants
Requires the DHS report to Congress on the impact of the raids
It offers temporary visas and work permits for workers have been arrested when they were targeted by their employer's attacks.
NEGATIVE: However, to obtain status these detainees have to agree to submit claims against their employer.

Improvements in the conditions of detention:
 POSITIVE: Requires the Department of Homeland Security (DHS) to provide humanitarian conditions in detention facilities including securing medical treatment, access to telephones and sexual abuse protection and other measures. Create an independent commission to investigate that DHS complies with these conditions in detention centers.
Requires the DHS report all deaths in custody within 48 hours, and annually to Congress on conditions in which these deaths occurred.
Protects household separation of families with children and increases the protection of parents and guardians.

Preventing illegal immigration in the future:
POSITIVE: The creation of the Visa PUM (Prevent unauthorized migration by its initials in English
Create 100,000 visas PUM year for 3 years, people from countries representing at least 5% of the total population of unauthorized immigration in the United States over the past five years and will be distributed on a percentage basis through a lottery system.
People can enter the lottery if not present in the United States at time of adoption of the law, if subjected to criminal background checks or have completed a university degree in less than 4 years.



Adjustment of Status:
POSITIVE: Conditional Visas holders and their spouses and children may apply for lawful permanent resident status (green card) and eventual citizenship.
NEGATIVE: Green cards will not be issued to immigrants within 6 years and after that all immigrants who had applied for before the law have been addressed first.

DREAM Act:
POSITIVE: undocumented individuals who were brought to the U.S. before the age of 16 could apply for a "rush" legalization process, eligible persons will not have to pay fines and be eligible for expedited residence status after graduating from high school, and completion of two years of college, military service or employment.
The states will be allowed to determine if undocumented students eligible for enrollment in the state.
NEGATIVE: Including military service to apply for this privilege could lead to increasing of enrolment.

Farm workers:
POSITIVE: Allows unauthorized agricultural workers to legalize their situation and reform of the H-2A temporary agricultural worker visa program.

Security and Prosperity Account
POSITIVE: Many of the fees and fines generated by the new programs within this bill will be deposited in an account that will later used to fund programs like job training, create programs and additional funding to help train workers, U.S. visa reduce delays and programs to help to become a citizen.
NEGATIVE: This money will also fund the Electronic Employment Verification, the Commission on immigration and labor markets, border security and immigration raids.

System for Hiring Workers of America:
NEGATIVE: Create a database linked to state Job agencies and obligates employers in the sectors that have traditionally relied on unauthorized labor to post job ads in the new database.

Prospects for Amnesty
Will the 2010 the year of immigration reform? With a bill in Congress and with the promise of the New York Senator Charles Schumer of presenting his own bill in the Senate, the debate is assured. Politicians joined in showing support for reform but do not say what kind, and many support the Dream Act while saying nothing about the fate of 12 million undocumented families. The last in this category was New York Mayor Michael Bloomberg who said he will redouble its efforts to ensure that bright students to obtain green cards.
Nacy Pelosi, Democratic Party spokeswoman in Congress has ensured that in 2010 the Dems will not submit any bill that threatens the election results in November. Obama however has assured to various organizations that he supports legalization.
According to political analysts, this year will be severely marked by the economy, especially the high unemployment possibly slowing down the immigration reform debate. After watching the debate on health system reform, many argue that the Democratic Party is not strong enough to drive ambitions reforms.
In fact, in 2009 out of more than 900 bills passed in Congress only 125 became law. This reflects that the Senate is holding back the democratic aspirations.

Perhaps it would be important to ask, what could be approved in coming months before the election? A section of activists and organizations talk about "regain our rights step by step, or a phased reform kind of concept". Basically, pass laws to help in something small, e.g. if we can not get amnesty, then try to pass the DREAM ACT that would allow a small number of students get papers if you go to army or university. Or if they do not give us the ID request a special driver's license for undocumented immigrants. Or if we do not get "green cards" ask for a work permit for two years and deportation if you get fired.
Step by step, or a total reform, the hope is that this year becomes what looks like the beginning of a new immigration law, a year in which the community will have to work hard if you want representatives vote for good immigration bills that
affect us all.

Information Meeting: The proposed Luis Gutierrez Bill

The Immigrant Workers Union invites you to the next Community Forum to be held on Saturday, January 9th at 11:30 in the fellowship hall of the Park MATC St (the basement). If you want more information, our assistance or guidance to discuss the law with your family, fellow students or at work contacts us at 1-866-476-0884.

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