Two Competing Immigration Reform Plans Being Considered

in Fall 2005 Newswire, Massachusetts, Sarah Shemkus
October 20th, 2005

By Sarah Shemkus

WASHINGTON, Oct. 20-Helena Marques, executive director of Greater New Bedford Immigrants’ Assistance Center, hears stories she describes as horrendous.

The illegal immigrants who call her for assistance tell of paying large sums of money to human smugglers or walking for days upon days in the wilderness, just to get into the United States.

When they arrive-many from Guatemala or Brazil-they are often the victims of scam artists promising working papers or green cards, Marques said. They find what jobs they can, working in fish factories or restaurants, often for wages below the federal minimum.

“No one else wants to do their work because they are working jobs that no one who is legal in the United States wants to do,” Marques said. “At any time they can be picked up by immigration, and a lot of them are living in fear.”

Illegal immigrants like those in the SouthCoast region represent an increasingly thorny problem for legislators. While increased enforcement of existing laws could improve national security, many employers insist that undocumented workers-a population of more than 10 million, according to Pew Hispanic Center estimates-fill low-earning jobs that no Americans will take.

“There are a number of industries that are suffering from chronic worker shortages, and it is expected to worsen,” said Deborah Knotkin, president of the American Immigration Lawyers Association. “Employers need these workers. Badly.”

Two competing immigration reform plans, receiving widespread attention this week, are attempting to address the situation.

“The good thing about both bills is that they realize that this problem can’t get fixed with an enforcement-only measure,” Knotkin said.

Sens. Edward Kennedy (D-Mass.) and John McCain (R-Ariz.) have introduced a bill that aims to improve border security, establish a temporary worker program by which new immigrants could legally seek jobs in the United States and create opportunities for undocumented workers to pay penalties and become legal residents.

Kennedy said that it was important for any legislation to look beyond simply strengthening border control.

“We have spent $20 billion in the past 10 years on enforcement, and it isn’t working,” Kennedy said during a joint appearance with McCain at an immigration reform conference at the U.S. Chamber of Commerce on Tuesday.

Reps. Jim Kolbe (R-Ariz.), Jeff Flake (R-Ariz.) and Luis Gutierrez (D-Ill.), have introduced the same legislation in the House.

An alternative bill, sponsored by Sens. John Cornyn (R-Texas) and Jon Kyl (R-Ariz.), contains similar programs. In their bill, however, undocumented immigrants would be allowed to get guest worker permits but, before applying for legal residency, would be required to return to their home countries when the permits expired.

The McCain-Kennedy legislation would require undocumented immigrants to pay a fine of $2,000 but would allow them to stay in the United States while they apply for citizenship.

The President has proposed a plan with a requirement similar to the Cornyn-Kyl bill.. Homeland Security Secretary Michael Chertoff and Labor Secretary Elaine Chao defended the administration proposal at a Judiciary Committee hearing on Tuesday.

This provision could cause problems for undocumented immigrants whose children were born here and are therefore American citizens, or whose children came to the United States at such a young age that they do not remember their home country, Knotkin said.

Marques said that this difference would be likely to make the McCain-Kennedy bill more appealing to illegal immigrants in greater New Bedford.

“I do not see that undocumented population going back to their countries and standing in line,” she said. “They will definitely find the money to pay the fine.”

The McCain-Kennedy bill has garnered support from more than 60 business, labor, religious and immigrant groups including the U.S. Chamber of Commerce, the National Immigration Law Center and the United States Conference of Catholic Bishops.

“The bill allows for greater access to legal entry, and it addresses the undocumented immigrant population here in a fair, humane manner,” said Ali Noorani, executive director or the Massachusetts Immigrant and Refugee Advocacy Coalition, which also has endorsed the legislation. “By those two factors it increases our national security.”

McCain said that it would be difficult to get the legislation passed this year, but both he and Kennedy expressed confidence that their plan would succeed.

“I’m convinced that we have an approach that is the right one, that ultimately will be accepted,” Kennedy said. “We could really do something. that is in the interest of our national heritage.”