The Nebraska legislature passed a bill to allow undocumented immigrants who meet the state's residency requirements to receive in state tuition rates at the state's public universities. The legislation passed the legislation and then overcame a veto by the Nebraska governor by a vote of 30 to 15. The margin of victory for the legislation was much greater than expected. Bender's Immigration Bulletin has a copy of the new law.

Senator Harry Reid (D-NV), the minority leader in the Senate accused the Bush Administration as using the immigration debate to divert attention from the Iraq war and that the Republicans are not serious about passing immigration legislation. Reid made the statement in an interview with the Pahrump Valley Times, a Nevada newspaper.

As we noted Thursday, Senate Republicans and Democrats have hammered out a new bill which incorporates most of what was in the Hegel-Martinez compromise bill announced last week (however, there are a number of important changes) and also adding 125 pages of new amendments. The latest version is co-sponsored by Senator Specter (R-PA, Chair of the Judiciary Committee), Senator Hegel (R-NE), Senator Martinez (R-FL), Senator McCain R-AZ), Senator Kennedy (R-MA), Senator Graham (R-SC) and Senator Brownback (R-KS). The fact that Senator Kennedy has given is stamp of approval is highly important since he is the most influential Senator in the party on immigration matters.

We have summarized the changes here. You can also find links to our summaries of the rest of the bill by following the links shown at the top of the document. Here are some of the highlights from my report:

- the H-2C starting quota is dropped from 400,000 to 325,000. Note, however, that the cap can grow by up to 20% a year depending on demand.

- 30% of the EB other worker category will be reserved for people with applications filed before January 4, 2004

- HHS will have to issue a report on nursing that covers the nurse shortage, the US population of foreign nurses and the impact of nursing immigration in the US on the supply of nurses in the supplying countries

- All applicants for naturalization will be eligible for a $500 grant to fund tuition for English and civics classes. The residency requirement for naturalization will drop to four years for those fluent in English (no guidance on how fluent is fluent); the naturalization oath is modified and DOS will now notify the applicant’s home country that the applicant has renounced allegiance.

- Several hundred attorneys are to be added each year for five years at BIA, the IJs, US Attorney, etc.

- Non-citizens will be eligible to join the military and can naturalize after two years (seems to be open to everyone (even the undocumented) and not just green card holders, but it’s not clear that this was intended)

- P visas for athletes are opened up to make it easier for athletes in foreign leagues to qualify as well as people coming for ice skating productions. Advisory opinions won’t be needed for these people or people in professional leagues with revenue over $10,000,000.

- The H-2B language from the REAL ID Act that exempts returning workers from the cap and splitting the cap into six month periods is extended from 2006 to 2009

- Something akin to a 245i late is now in there – anyone with a green card pending based on INA Sections 201 or 203 (family and employment cases) that was filed before the law went into effect will be eligible for a waiver of the overstay bars.

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