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Legislative Update

The American Chronicle is reporting that Senator Edward M. Kennedy met with Luis Ernesto Derbez, the Mexican Foreign Minister to discuss border reforms and efforts to strengthen national security.  Kennedy believes that a joint effort between the United States and Mexico is necessary to control immigration.  “Secure America and Orderly Immigration Act”, the bipartisan McCain-Kennedy bill, is co-sponsored by Senators Brownback, Lieberman, Graham, and Salazar, and Representatives Kolbe, Flake, and Gutierrez.  The bill is also supported by Mexican president Fox and his Administration.

 

Summary of Secure America and Orderly Immigration Act:


Title I: Border Security

-Requires the development of plans and reports evaluating border security initiatives

-Establishes a Border Security Advisory Committee to make recommendations to the DHS

-Encourages a partnership between border enforcement in the U.S. and Mexico

Title II: State Criminal Alien Assistance

-Reauthorizes the State Criminal Alien Assistance Program that reimburses state and local governments for the prosecution of undocumented immigrants

-Allows additional funding for judicial costs associated with undocumented immigrants

Title III: Essential Worker Visa Program

          -Creates a new temporary H-5A Work visa

          -Requires applicants to provide proof of employment and clear all checks

          - Requires Job Bank updates

-Sets the limit of H-5A visas at 400,000 per year, which may be adjusted in subsequent years

-Sets visa validity at three years

-Ensures that employers abide by federal, state, and local laws

Title IV: Enforcement

-Creates a new electronic system for work authorization that will gradually replace the paper-based one

-Creates a universal system that can not discriminate against applicants

-Allows individuals to review or correct their data

- Requires biometric data from travelers for US VISIT

-Authorizes the Department of Labor to carry out random audits of employers

TITLE V: Promoting Circular Migration Patterns

-Requires that foreign countries enter into mitigation agreements with the US to control the flow of foreign citizens into US jobs.

-Encourages the US and Mexico to share in promoting economic opportunities in Mexico

-Encourages the US and Mexico to partner on health-care to share in administering care to Mexican Nationals in the US

Title VI: Family Unity and Backlog Reduction

-Does not include the immediate family of US citizens in the cap on family-sponsored green cards

-Slightly elevates the limit on green cards per-country

-Changes income requirements for family-sponsored green cards

-Changes employment-based categories for employers who need permanent workers

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

-Allows undocumented immigrants to apply for a temporary visa

-Requires applicants to pass security checks

-Authorizes work and travel for applicants; this offer extends to spouses and children

- Requires applicants to meet further requirements and pay additional fees to qualify for permanent status

Title VIII: Protection Against Immigration Fraud

-Imposes legal requirements on unlicensed law practitioners who may take advantage of immigrants, and allows for victims to take legal actions against the perpetrators

Title IX: Civics Integration

-Provides support and funding for English language instruction to immigrants
Title X: Promoting Access to Health Care

-Expands federal reimbursements to hospitals that provide care to temporary visa workers

Title XI: Miscellaneous

-Distributes the fees paid by H-5A and H-5B workers among agencies such as

the DHS, Dos, DOL, and USCIS

          -Protects H-5A and H-5B workers against discrimination

 

*****

 

California Gov. Arnold Schwarzenegger told a group of Spanish-speaking voters that he opposes amnesty for illegal immigrants, reported the Associated Press. Gov. Schwarzenegger also defended his veto of a bill that would have granted illegal immigrants in California the ability to obtain driver’s licenses. The governor favors a guest-worker program through which immigrant workers could obtain visas, but he stated that an amnesty program, such as the one attempted by the government in the late 1980s, would be “ill-advised” because it “sent the wrong message” to illegal immigrants living in the U.S. Schwarzenegger would rather see immigrants enter the United States through legal channels, instead of granting them amnesty once they are already here, which he implied as giving potential illegal aliens the incentive to come to the U.S. He stated, “Let’s help them, let’s find a legal way to do it.” To date, the driver’s license question is a federal matter because Homeland Security has yet to implement the requirements at the state and local levels.

 

Gov. Schwarzenegger was giving his talk last week to promote his campaign for the passage of four ballot measures on the Nov. 8 ballot. In the 2003 recall of Gov. Gray Davis, Schwarzenegger won 32 percent of the Hispanic vote. The Hispanic community in California, about 12 million people, makes up about a third of the population. Recent polls show, however, that only about 17 percent of Hispanics are pleased with his current job performance.

 

*****

Over 40 national religious groups, 100 clergy, and local faith organizations are calling on the government to reform U.S. immigration laws, reports the Chicago Tribune. The groups are calling on elected officials to normalize the status of immigrants already working in the U.S. so that they can become permanent legal residents and can reunite their family members in the country. These interfaith groups and leaders would also like changes to be made in border protection policies, in order for the system to be more humanitarian but still allow the Border Patrol to block entry to illegal immigrants effectively.

 

 

*****

H.R.4206 : To amend section 1011 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to permit Puerto Rico to qualify for Federal reimbursement of emergency health services furnished to undocumented aliens.
Sponsor: Rep Fortuno, Luis G. [PR] (introduced 11/2/2005)      Cosponsors (None)
Committees: House Energy and Commerce
Latest Major Action: 11/2/2005 Referred to House committee. Status: Referred to the House Committee on Energy and Commerce.

 

H.R.4211 : To expand certain preferential trade treatment for Haiti.
Sponsor: Rep Meek, Kendrick B. [FL-17] (introduced 11/2/2005)      Cosponsors (None)
Committees: House Ways and Means
Latest Major Action: 11/2/2005 Referred to House committee. Status: Referred to the House Committee on Ways and Means.

 

H.R.4230 : -- Private Bill; For the relief of Alejandro E. Gonzales.
Sponsor: Rep Pastor, Ed [AZ-4] (introduced 11/3/2005)      Cosponsors (None)
Committees: House Judiciary
Latest Major Action: 11/3/2005 Referred to House committee. Status: Referred to the House Committee on the Judiciary.

 

H.R.4238 : To provide for enhanced border security enforcement and detention facilities, and for other purposes.
Sponsor: Rep McCaul, Michael T. [TX-10] (introduced 11/4/2005)      Cosponsors (40)
Committees: House Judiciary; House Homeland Security
Latest Major Action: 11/4/2005 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

 

H.R.4240 : To amend the Immigration and Nationality Act and other Acts to strengthen the enforcement of the immigration laws, and for other purposes.
Sponsor: Rep Hostettler, John N. [IN-8] (introduced 11/7/2005)      Cosponsors (None)
Committees: House Judiciary; House Homeland Security
Latest Major Action: 11/7/2005 Referred to House committee. Status: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

 

H.R.4241 : To provide for reconciliation pursuant to section 201(a) of the concurrent resolution on the budget for fiscal year 2006.
Sponsor: Rep Nussle, Jim [IA-1] (introduced 11/7/2005)      Cosponsors (None)
Committees: House Budget
House Reports: 109-276
Latest Major Action: 11/9/2005 Rules Committee Resolution H. Res. 542 Reported to House. Rule provides for consideration of H.R. 4241 with 2 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions.

 

H.R.4245 : To provide for programs and activities with respect to pandemic influenza, and for other purposes.
Sponsor: Rep Lewis, Jerry [CA-41] (introduced 11/7/2005)      Cosponsors (6)
Committees: House Energy and Commerce; House Resources; House Agriculture
Latest Major Action: 11/7/2005 Referred to House committee. Status: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

 

H.R.4290 : -- Private Bill; For the relief of Judith Atuh Tanjoh, Serge Mbah Tikum, Marie Noel Tikum, Emmanuel Ngwa Tikum, and Roger Fon Tikum.
Sponsor: Rep Van Hollen, Chris [MD-8] (introduced 11/9/2005)      Cosponsors (None)
Committees: House Judiciary
Latest Major Action: 11/9/2005 Referred to House committee. Status: Referred to the House Committee on the Judiciary.

 

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