Immigration Proposal Paves Path To Legalization

Behind closed doors, key Senators on both the Republican aisle and the Democratic aisle came together with Bush administration officials to try to reach a deal about immigration reform. After about three (3) months of negotiations, the Senate has come out with a proposed law that both parties can agree on. The proposal will go to the Senate floor for votes next week. Additionally, the House would have to pass a similar measure for the proposal to become a law for George W. Bush to sign.

The Bush administration has vowed to promote and sign new immigration law that would allow a "guest worker" worker program. However, Bush and the Republican right wing have been opposed to any sort of "amnesty". In their minds, laws should be allowed to "legalize" workers but not allow them the "path to citizenship." What has not been explained clearly is that this "path" would mean that an undocumented worker would be allowed to obtain "lawful permanent residence." Thereafter, per rules in effect, apply for naturalization.

The new proposal does allow for future residency. Indeed, it states that any person who was here before January 1, 2007, would be eligible to apply for a "Z" visa. This new visa would allow the person to both work and travel and could be extended indefinitely. The "Z" visa would not by itself allow a person to obtain residency. To get to that end, the "head of household" would have to return to their home country and apply to get back into the U.S. After this departure and re-entry, the immediate family members could apply for "residency". After obtaining residency and being in that status for some time, an application for citizenship could be made. Thus, completing the "path to citizenship."

In addition to the "path to citizenship," the new program will allow for a "guest worker program." The new program would allow for about 400,000 visas per year. Each guest worker could stay for two years. After the initial two years the worker would have to return home for one year before applying for another two years. Persons in guest worker status would not eligible to make the leap to residency and then citizenship by virtue of holding a guest worker visa alone. The guest worker program could not be implemented until additional security measures are first in effect, including increased funding for immigration enforcement, more fencing and other security measures.

Though a good proposal that addresses many key issues important to many politicians and the public, the proposal still raises staunch criticism and will have to battle its way to passage. However, the proposal once again brings immigration law back to the forefront. With the new momentum this proposal brings, it certainly deserves close attention to its own "path".

Written by Sanjay S. Mathur
Attorney at Law