First Mark-Up of Senate Immigration Bill Completed

This past Friday, Judiciary Committee Chairman Arlen Specter (R-PA), introduced his “Chairman’s Mark” of “The Comprehensive Immigration Reform Act of 2006”. This first draft of the Senate’s version of an immigration reform proposal will be moving to the full committee for debate on March 2.

Although a marked improvement over the earlier version passed by the House, James Sensenbrenner’s (R-WI) ‘Border Protection, Antiterrorism and Illegal Immigration Control Act of 2005″(HR4437) , this preliminary mark-up still contains some of the more draconian provisions from that bill, including the criminalization of “illegal presence”, essentially making all undocumented immigrants subject to felony prosecution. It also contains new criminal penalties for the use of a fraudulent identification or passport even for asylum-seekers and others without the ability to obtain the paperwork legally, and calls for the further militarization of the border and the building of a “wall” across the border.

This preliminary proposal also calls for the following:

• A temporary guest worker program limited to three years with an additional three year extension.
• Increase in the current quotas for both employment and family reunification.
• A limited “amnesty” for those here since Dec.2004

But the devil is in the details.

As currently proposed, the guest worker program makes little provision for worker protections to ensure that foreign-born workers receive just wages and benefits, and provides no means for the workers to gain “earned” credit toward permanent residency.

The proposal to increase the current quotas does call for an adjustment to the per-country ceilings for both employment-based and family-based immigrant visas but does not go into any detail as to how. Currently no more that 7% of total immigrates admitted in any given year can come from a single country. Unless provisions are made to have a flexible ceiling that acknowledges the differing circumstances of various regions and countries, the quota system will remain a stumbling block to a practical immigration policy.

The provisions in this proposal to confer “Nonimmigrant Work Authorization and Status” to those living and working in the country prior Dec. 2004, while a step in the right direction, contains no provisions to place these workers and their families on a path to citizenship. Without a guaranteed path for those who wish to take it, the possibility of relegating these workers to a permanent underclass without full legal rights is possible.

This is just an early draft of the Senate proposal and much debate and compromise is bound to occur before it reaches the floor. You can contact the Senators of the Judiciary Committee to let them know your concerns at:

Justice for Immigrants
American Immigration Lawyers Assoc.

Cross posted from: Migra Matters

 

Mardi Gras Open Thread

Photo courtesy of The Union Shop

I’m mindful today of the people of New Orleans,
and their continued need for support.
Politically. Financially. Morally.

 

Growing pains…

I’m in a very muddled state of mind at the moment. The reasons are many, but I think it’s important for me to try to explain what has led up to my current cloudiness.

As a human being, I am the only one who can be fully responsible for my emotions, the way I deal with them, and the methods that I choose to interact with other human beings. As a personal rule, I have a very guarded heart. I operate better in small groups of friends rather than an expansive list of acquaintances. The blogosphere has sort of changed that for me, though. I’ve become better at seeing the value in strangers, and to feel a bond with our common humanity, that I used to completely ignore or avoid due to my comfort zone levels. I’ve read enough threads and flamewars to appreciate that behind every keyboard is a real human being with real human emotions.

My befuddlement started when I allowed myself to feel safe. I didn’t recognize it until that safety was shaken up for reasons not important to the current message. As things have continued to be shaken over the past days, I’ve noticed something flowing underneath all of it: growth.

It has been painful, disconcerting and tinged with a hint of resentment that I find myself here at this moment, writing words that will never scratch the surface of what I’m feeling.

I fear that I am currently dealing with one of my worst nightmares: the fact that I have allowed the world to know exactly what has been in my heart and it has been mishandled. I feel vulnerable and the natural reaction is to second-guess my actions but I am trying not to do that.

I know that my truth has the potential to (and more than likely has) hurt others. It is always a risk when making a decision that you won’t sugarcoat what is in your heart. But that’s the thing, it is my truth. And I can perfectly understand a situation where different people can view different truths in the exact same moment, viewing the exact same scenario.

So now what? Do I try to undo the past? If anyone knows how to do that, then please drop me an email at the address listed to the right. I have yet to meet anyone in the annals of history who has mastered that skill….

…or do I just let be what has happened and hope that there will be growth from all directions and an honest attempt to not only acknowledge my truth, but to understand why it was such.

It is easy to make things about arguments and debate in forums like this. It is much more difficult to incorporate the infinitely complex reality of emotions that comes with our humanity when engaging here or within other groups of people.

I am willing to challenge myself enough to recognize that I may have been profound or profoundly full of shit over the past several days, either way I am growing. And that’s what matters the most to me.

Namaste.

 

"They are our neighbors and friends"

This is gonna be a quickie, but I wanted to get this quote out there that I think is very important to the immigration debate, especially as it relates to the militarization of the U.S./Mexico border.

Maj. Gen. David Rataczak of the National Guard questioned what role they would have and noted that the militarization of the border could spur immigrants to take up arms and could lead to gunbattles.

“What do you want ’em to do?” he said, adding that most guardsmen aren’t trained for this style of border enforcement. “It would put our people in some really serious, significant decisions.”

Allen countered that military personnel enforce borders all over the world, including those stationed in Iraq. But Rataczak said the comparison is inaccurate.

“We’re not at war with Mexico,” he said. “They’re our neighbors and friends.”

linkage

Neighbors and friends. I think that point is lost on those who vehemently oppose a workable solution to the broken immigration system.

[UPDATE] The Governors have been gathered this week to discuss their common issues and are calling out the White House for the utter destruction of the National Guard. You see, with the battlefields in Iraq and Afghanistan circulating their troops, they are concerned that the force won’t be strong enough to hold back the brown invasion.

They also are pushing for federal action on illegal immigration, which governors from border states and beyond say is long overdue.

“This is a national issue,” said Democratic Gov. Janet Napolitano of Arizona, where 500,000 attempts to illegally cross the border were turned back last year — let alone those that get through. Nationally there are an estimated 11 million illegal immigrants.

“We’re absorbing through taxpayer dollars the incarceration costs, health care costs, education costs,” Napolitano said.

linkage

Sigh, there she goes again, playing the populace card again, sounding off on right-wing arguments against a reasonable reform of immigration policy. Keep digging, Janet, you’re going to find your Pima County vote lacking next time around if you keep it up.

 

Monday News Dump

• Katrina donation money is running out
• Germany denies spy help for Iraq war lead-up
• Chertoff warns of airport security cutbacks if fees aren’t increased on tickets
• EPA drops objections to allow DuPont to dump wastewater in Delaware River
• Governors discuss illegal immigration concerns at national gathering

And one for fun:

• (this one’s for maryb) Bermuda invaded by feral chickens

 

Approaching Zero-Hour to McCain-a-Palooza

[bumped up for more exposure]

If you’ve been wondering why the focus around here has picked up regarding immigration reform, it’s because the time has arrived for the Senate to initiate the long-awaited debate on the bi-partisan bill sponsored by Ted Kennedy and John McCain. I hope Teddy is vocal in the media, because McCain is going to milk this opportunity to set up his Presidential campaign for 2008. Trust me, he’ll deny it to till he’s blue in the face, but it’s obvious.

It begins on Tuesday.

The Arizona Republican will headline a series of rallies organized by immigration advocates and immigrant-service groups beginning Thursday in Miami before moving on to New York and Los Angeles and possibly other cities. The goal: to push the Senate to approve his guest-worker proposal rather than the narrow approach focused on border security already passed by the House.

If Congress puts off immigration reform for another year, “quite frankly, it would be an abrogation of our duty,” McCain said during a telephone news conference from Arizona, adding that he believes “the overwhelming majority of the American people support our proposal.”

I haven’t seen the poll numbers on the plan, so I can’t verify the claim of support by McCain, but I do know that his counterpart here in Arizona, Jon Kyl, has co-sponsored a bill with John Cornyn (R-TX) with a more hard-lined stance that focuses on deportation and militarization of the border. If the Republican base is whipped into a frothy rage, the better bet is that they will support Kyl and Cornyn over the bi-partisan option.

So what are the details of Kennedy/McCain? Here is a snippet of the guest-worker portion that will cause the most outrage from the crazies, along with a link to a fuller look.

Title VII: Adjustment of Status for H-5B Non-Immigrants

• Undocumented immigrants in the U.S. on date of introduction can register for a temporary visa (H-5B), valid for six years
• Applicants have to show work history, clean criminal record, and that they are not a security problem to be eligible for a temporary visa
• They will receive work and travel authorization
• Their spouses and children are also eligible
• In order to qualify for permanent status, workers will have to meet a future work requirement, clear additional security/background checks, pay substantial fines and application fees ($2000 or more per adult) as well as back taxes, and meet English/civics requirements

It is important to note that this issue has the potential to split the left end of the political spectrum. The labor unions are already in disagreement over how to deal with a guest worker program, while ensuring that wages and jobs are not hemorrhaged.

Eliseo Medina, who is the Vice-President of the Service Employees International Union supports the bi-partisan bill, but he is meeting resistance from other unions.

If such a plan is passed by Congress, it could result in the largest reshaping of immigration policy and the workplace in decades. The A.F.L.-C.I.O., which fiercely opposes the guest worker proposal, says it would result in the disappearance of thousands of permanent jobs and create an underclass of poorly paid foreign workers.

[snip]

In decades past, labor unions have often viewed immigrants as the enemy, accusing them of depressing wages and breaking strikes. That view has changed as the number of immigrants in the work force has surged. In 2000, the A.F.L.-C.I.O. reversed course and called for the legalization of illegal immigrants and an end to most sanctions against employers who hire them.

But the question of a temporary guest worker plan remains thorny.

linkage (free registration required)

Regardless of where you stand on immigration reform, it’s important to start beefing up on the details of the competing Senate measures that will do battle in the committees and the floor. To this day, Duke1676 has provided for me the clearest breakdown of camps: Open Border advocates, Economic Development advocates and Closed Border advocates, details can be found here on the delineation.

I am obviously in the Open Borders camp because a) this country has always been a nation of immigrants, b) I’m sick of hearing racist wingnuts like Rush Limbaugh, Lou Dobbs, Tom Tancredo and Russell Pearce demonize my people, c) I’m practical enough to recognize that our country would shut down without immigrant labor and d) there’s no way they are going to round-up all of the current immigrants and ship them off to the various corners of the world.

It’s time, my friends. This legislation has a chance at causing a major shift in the political, economic, and ethnic winds of the United States.

Crossposted at Migra Matters

 

Fresh Open Thread

I need comfort food.

 

Bud Blogging – Weekend Open Thread

 

FBI and Pentagon Trade Pie Shots

Let me just say that I don’t believe anyone who is trading blame for the torture of detainees in U.S. custody. They are all complicit, in my opinion, for the middle-finger treatment given to our moral responsibility to follow the Geneva Conventions.

The only good thing these pot-shots provide to the discussion is the occasional mention of names of high-level neocons who will one day face accountability, if the Flying Spaghetti Monster’s favor falls upon us.

FBI agents repeatedly warned military interrogators at the U.S. prison camp at Guantanamo Bay, Cuba, that their aggressive methods were legally risky and also likely to be ineffective, according to FBI memos made public Thursday.

A senior officer at the prison for terror suspects also “blatantly misled” his superiors at the Pentagon into thinking the FBI had endorsed the “aggressive and controversial interrogation plan” for one detainee, according to one of the 54 memos released by the American Civil Liberties Union.

[snip]

FBI officials, whose names were blacked out, indicated that senior military officials, including former Deputy Defense Secretary Paul Wolfowitz, were aware of and in some cases had approved of putting hoods on prisoners, threatening them with violence and subjecting them to humiliating treatment.

[snip]

FBI special agent Richard Kolko, a spokesman in Washington, said FBI agents properly reported abuse allegations through the bureau’s chain of command, but noted, “It is not within the scope of the FBI’s jurisdiction overseas to investigate reports of alleged abuse of military detainees.”

linkage

Wolfowitz, I’m not surprised. When he was nominated by George to head up the World Bank, I knew that we were sinking deeper into their black hole. As PNAC continues to flex its muscles, it becomes apparent that our recovery from this nightmare will be long and involve a lot of scar tissue.

We should not give up, though. Standing up for humane treatment of prisoners (who deserve judicial due process and the presumption of innocence under our failing system) and advocating for a fair judicial process is the best antidote to their poison. The world community is starting to speak in a louder, more unified voice regarding torture. It should help to strengthen our resolve to fight for the right thing.

Onward.

 

Russell Pearce: Dim Bulb, Part Two

First, the announcement of the Great Arizona Witchhunt of 2006

A House panel voted Thursday to ask Arizona voters to have the state start auditing some companies to make sure they’re not hiring undocumented workers.

Legislation approved by the Judiciary Committee would require all state and local agencies that issue licenses to audit up to 5 percent of those companies to ensure that all workers are legally entitled to work in this country.

That would include things like licenses for contractors and to serve alcohol. And that, in turn could target some of the types of businesses that appear to hire illegal immigrants including construction companies and hotels and restaurants with liquor licenses.

But it also would mean audits of barber shops, doctor’s offices, real estate agents and funeral directors.

And all companies, whether state licensed or not, would be subject to investigation of their hiring if they pay their workers in cash and don’t comply with various other employment laws.

And now, the money quote, which I would like to get your reaction to:

On the other side of the issue, Rep. Ben Miranda, D-Phoenix, said the measure to dry up undocumented workers ignores the nation’s declining birth rate.

“Who’s going to fix my air conditioning?” he said. “Who’s going to mow my lawn? Who’s going to assist the dentist putting dentures in?”

Pearce called that reasoning flawed. “That’s the same argument used when we tried to abolish slavery: Who’s going to bring in the crops,” he said.

“We have 18 million Americans out of work,” Pearce said. “What we don’t have is employers willing to pay the wages to lure them to the jobs.”

(Yes, it’s the same flag-waving Russell Pearce that I wrote about earlier this week.)