Immigration Legislation Developments for 2007

Within weeks of the start of the 110th Congress, two significant immigration bills were introduced. The Agricultural Jobs, Opportunity, Benefits, and Social Security Act of 2007, introduced by Senator Patrick Leahy (D-VT) has gained strong bi-partisan support. More importantly, Senator Majority Leader Harry Reid (D-NV) introduced the Comprehensive Immigration Reform Act of 2007 announcing that immigration reform was one of the Senate’s top 10 priorities and should include a path to earn legalization for undocumented immigrants.

On February 28, 2007 while testifying before the Senate Judiciary Committee, Commerce Secretary Carlos M. Gutierrez and Homeland Security Secretary Michael Chertoff vowed to work with Congress to ensure passage of immigration legislation this year but publicly distanced themselves from proposals that would place most undocumented immigrants on a path to citizenship.

The hope is that legislation similar to last year’s Senate Bill 2611 which was introduced by Senator Arlene Specter (R-PA) bill will be passed. S. 2611 was supported by many immigrant right groups because there was a proposed path to citizenship. This would allow undocumented immigrants who have been in the country for more than five years, estimated to be 7 million in number, to apply for citizenship by paying fines and back taxes. However, undocumented aliens would be required to pay taxes for only three of the previous five years. U.S. citizens or permanent residents who tried to pay only three of the previous five years of taxes would be violating the law and subject to prosecution. Undocumented aliens who have been in the country for 2 to 5 years, numbering around 3 million, would be allowed to stay in the country without fear of deportation, but after 3 years would have to leave the U.S. and could apply for citizenship at border check points. Those in the country for under 2 years would be required to return to their original nations. Thus, with some waiting, 10 million undocumented immigrants can become citizens, if they so desire. The fine is around $2000, but some sources say it might be higher. Furthermore, under S.2611, undocumented aliens would be forgiven their Social Security fraud, even though such fraud is normally punishable by fines of up to $500,000 and five years in prison.

The bill also proposed an increase the annual cap for H-1B work visas from 65,000 to 115,000, with an automatic 20% increase year on year, thus increasing the number of information technology and other professionals from foreign countries eligible to work in the U.S. It also would lower the standard by which judges determine who is eligible for refugee status from "clear and convincing evidence" to "substantial evidence."
It would allow illegal aliens to collect Social Security benefits based on past work, regardless of their ability to demonstrate what, if any, payments they had made into the system.