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The Catholic Campaign for Immigration Reform: Justice for Immigrants: A Journey of Hope
This is the first of a series of comprehensive immigration reform updates you will be receiving during the next year. It will concentrate on policy/political developments in Washington, D.C. surrounding the consideration of comprehensive immigration reform in the U.S. Congress.
Topics included in this edition:
1. Senate Judiciary Committee holds hearing on immigration reform
2. Senate to consider immigration reform early in 2006
3. House likely to consider enforcement-only legislation before the end of the year
4. Homeland Security appropriations bill passes and signed by President Bush, with more resources for border security
1. Senate Judiciary Committee holds second hearing on immigration reform
On Tuesday, October 18, the Senate Judiciary Committee held a second hearing on immigration reform issues. Testifying at the hearing were Homeland Security Secretary Micheal Chertoff; Labor Secretary Elaine Chao; Frank Sharry of the National Immigration Forum; Mark Krikorian of the Center for Immigration Studies; and Professor Douglas Massey of Princeton University. Bishop Gerald R. Barnes, chairman of the USCCB Committee on Migration, submitted written testimony which can be found at http://www.justiceforimmigrants.org/policymakers.html.
Secretary Chertoff explained that the Administration was taking initiatives to remove illegal immigrants by moving from a "catch and release" policy, in which immigrants are released on bond because of the lack of detention space, to a "catch and return" policy. Chertoff highlighted several steps being taken to move toward a "catch and return" policy, including increasing detention capacity, expanding expedited removal along the Southwest border, expanded air and ground transportation to remove immigrants, and stricter repatriation requirements. Nevertheless, under questioning Chertoff stated that it would be "hugely difficult" to deport the 8-10 million undocumented currently in the country, costing "billions and billions" of dollars. Chertoff stated that, in order to curb illegal immigration, the Administration supported a "three-legged stool" strategy which features 1). control of the border; 2). an interior enforcement program; and 3). the establishment of a temporary worker program.
Secretary Chao reiterated Administration principles first articulated by President Bush in January, 2004, including 1). protecting the homeland by securing our borders; 2). matching willing workers to willing employers; 3). protecting the rights of legal immigrants so that illegal immigrants do not jump ahead in line; 4). incentives to return home; and 5). promoting compassion by allowing current undocumented workers to join a new temporary worker program.
When asked whether the Administration supported a path to permanent residency, Chao reiterated Administration opposition to an "amnesty." She stated that the Administration did not support an "automatic" path to permanent residency. When asked what she meant by the word "automatic," Chao reiterated Administration opposition to an "amnesty." Chao stated that a temporary worker program would allow employers to more easily hire immigrant workers who fill jobs that U.S. workers do not perform. Both Chertoff and Chao stated that an enforcement-only approach to illegal immigration was insufficient to solve the problem
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On the second panel, Frank Sharry testified that only a comprehensive immigration plan was workable, with enhanced enforcement; legal channels for the flow of workers and families; and a workable solution for the 11 million undocumented currently in the United States featuring a path to permanent residency. Mark Krikorian advocated that the solution to the immigration crisis is enforcement of current law, which is not being done, particularly in the workplace. Doug Massey testified that current immigration policy, which has focused on blocking the border, has led to increases in illegal immigration during the 1990s to the present day.
The testimony of each of the witnesses can be found at www.senate.judiciary.gov.
Questions and Answers:
Senator Arlen Specter (Rep.-Pa.) asked Secretary Chao how the President's proposal would recruit American workers to fill jobs prior to immigrant workers. Chao replied that employers would be required to look for U.S. workers first before hiring guestworkers--only after an employer cannot find U.S. workers would they be able to hire immigrant workers.
Senator Dianne Feinstein (D-Ca.) stated that guestworker programs usually attract more undocumented immigrants. She indicated that there are many undocumented immigrants in California and that "we should be able to find a way to take those who have been working and have no criminal history to give them status as long as they remain in agriculture."
Senator Jon Kyl (Rep.-Az.) stated that we can regulate the number of temporary workers in the country only if the undocumented currently residing in the United States return home, consistent with his legislation.
Senator Richard Durbin (D-Ill.) asked Secretary Chao whether the Administration supported a path to permanent residency for undocumented immigrants currently in the United States. Chao responded that "there should not be an automatic pathway," but would not clarify the word "automatic." Durbin also asked Secretary Chertoff about the inconsistency between deporting Katrina victims who are undocumented, as cited in five cases, and suspending Davis-Bacon and permitting undocumented aliens to work on reconstruction. Chertoff responded that DHS officials are not seeking out undocumented victims but cannot ignore them if they come to the attention of DHS officials. He said he was not aware of any DHS statement which would allow employers to hire illegal workers on Katrina reconstruction projects.
Analysis: No real surprises from the hearing. The Administration continues to stick to principles it has outlined and is emphasizing enforcement because of pressure from conservatives. The Administration witnesses maintained that any package should also include a worker program and not only enforcement measures.
2. Senate to consider immigration reform in early 2006
On October 25, Senator Bill Frist (Rep.-Tenn.), majority leader of the U.S. Senate, announced that the Senate would take up immigration reform early in 2006, most likely in February. Senator John McCain (Rep.-Az.) and Senator John Cornyn (Rep.-Tx.) joined Senator Frist in the announcement. Frist stated that a border security bill, most likely from the House, would serve as the vehicle, with amendments other pieces of immigration reform added. It is unclear as to whether such a vehicle would first move through the Senate Judiciary Committee or go straight to the Senate floor.
Analysis: This announcement indicates that the Senate leadership understands that immigration reform should be comprehensive and not enforcement only. This is different than previous statements by Senator Frist that enforcement should come first. Our message should remain that immigration reform should include all elements, including legalization, family-based immigration reform, and a worker program, and that the process in the Senate should focus on producing a comprehensive reform package.
3. House likely to consider enforcement-only bill by end of the year
It is likely that the House of Representatives will consider an immigration enforcement bill prior to the end of the year, legislation which is being drafted by the Committee on Homeland Security and the House Judiciary Committee. It is unclear what proposals will be included in the legislation, but it is likely that the bill will include the CLEAR Act (local law enforcement), an expansion of expedited removal, and other harsh provisions. More information to come as it is known.
Analysis: The message to our representatives should be that an enforcement-only bill is a flawed approach, and that only a comprehensive bill which includes reform of our legal immigration system consistent with the principles of the U.S. bishops will solve our immigration crisis.
4. President Bush signs Homeland Security appropriations bill
On October 18th, President Bush signed H.R. 2360, the Homeland Security appropriations bill, which includes the addition of 1,000 more Border Patrol agents, 100 immigration interior enforcement officers, 1,900 more detention beds, and $41 million in border security technology. In signing the legislation, Bush stated that his Administration was making strides to "control our borders." He reaffirmed the Administration commitment to a guestworker program which matches "willing workers with willing employers." The legislation also includes $115 million for visa backlog reduction.
Sincerely,
Leo Anchondo
National Manager
3211 Fourth Street, N. E.
Washington, D. C. 2001-1994
Tel: 202.541.3245
Fax: 202.722.8755
lanchondo@usccb.org
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