Summary of Comprehensive Immigration Reform for America’s Security & Prosperity Act of 2009
CIR ASAP (red indicates new government agencies)
Aka Gutierrez Bill
Border Security:
Section of Homeland Security formalizes national strategy for border security:
1. Creates a Southern Border Security Task Force, US and Mexico border
2. Government would take inventory of agents and assets before increasing number of agents on border.
3. Additional training, evaluation an oversight for agents- works to ensure agents have sufficient equipment and technology.
4. Modernize port of entry by requiring a “study” of entry infrastructure and operations
5. Increase number of full time port of entry inspectors, agriculture specialists and support staff.
6. Improve collaboration with state law enforcement at border.
7. Suspends “Operation Streamline”, pending review of goals , impacts and cost benefit.
Operation Streamline Definition:
What is “Operation Streamline”?
Operation Streamline is a Bush Administration program implemented in 2005 ordering federal criminal charges for every person who crosses the border illegally.
In other words, it is a “zero tolerance” border enforcement program that targets even first time undocumented border-crossers. Operation Streamline forces undocumented migrants through the federal criminal justice system and into U.S. prisons. Those who are caught making a first entry are prosecuted for misdemeanors punishable by up to 6 months in prison, and those who reenter after deportation may be prosecuted for felonies punishable by up to 20 years in prison. Under this fast-track program, a federal criminal case with prison and deportation consequences is resolved in 2 days or less.1 http://www.immigrationforum.org/images/uploads/OperationStreamlineFactsheet.pdf
8. Establishes US –Mexico Border Enforcement Commission AND Border Communities Liaison Office.
9. Includes combating human smuggling and migrant deaths
10. Develop and implement plan to improve coordination between Federal government and state to combat human smuggling.
Improving Conditions and Detentions LPR (legal permanent residents)
1. Establish an independent immigration detention commission
2. Improve secure alternative to detention programs
3. Prohibit the separation of families with children
4. Prohibit unnecessary detention of refugees
5. DHS report detainee deaths within 48 hours.
6. Report annually to Congress on circumstances of all deaths
The Bill also contains provisions to ensure due process and other protections during enforcement activities by:
1. Providing temporary visas an work authorizations for detained workers who are whistleblowers
2. Repeals the “287 (S) Program “ and clarifies that only the Federal government has the authority to enforce immigration law.
Definition of 287 Program:
Section 287(g) of the Immigration and Nationality Act (INA) was made law in the United States in 1995 as a result of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Section 287(g) authorizes the Federal Government to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement (ICE) officers. Under 287(g), ICE provides state and local law enforcement with the training and subsequent authorization to identify, process, and when appropriate, detain immigration offenders they encounter during their regular, daily law-enforcement activity.
The March 2010 arrest of undocumented student Jessica Colotl sparked an intense debate around immigration issues, with Colotl's supporters calling for an end to 287(g).[1] Colotl was arrested in Cobb County, Georgia, which has 287(g) legislation, and faces deportation.[1]http://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_Section_287(g)
3. Ensures social services agencies translators and legal services during enforcement.
4. Establishes access to legal orientation programs for all detained immigrants
5. Protects access to counsel
6. Requires reports to Congress from DHS on impact of immigration related enforcement activities.
7. Restores Federal courts of their jurisdiction to review decisions ad practices of DHS.
Employment Verification:
1. Creates E-verify System for employers for new hires to be rolled out in phases, eventually apply to all employers and all new hires.
2. Prohibits creation of a National ID Card
3. Penalties for employers who do not comply
4. Anti-discrimination provisions for bids employers from using system to discriminate against applicants on basis of nationality
5. Prohibits employers from terminating employment due to a tentative non-conformation using system to screen employees prior to offering employment or using the system selectively.
6. Allows an individual to register with Social Security Administration and acquire a PIN that would allow them electronic access to their file in the system, update their file and lock their file for purposes of employment.
Family and Employment backlog reduction: The Bill contains several measures designed to reduce long backlogs in family and employment immigrants and non-immigrant visa processing
1. Permits the “recapture” of unused employment based visas and family sponsorship visas from fiscal years 1992-2008 and allows future unused visa numbers to roll over to next fiscal year.
2. Exempts immediate relatives from the annual cap on number of immigrant visas and increase number of visas which may be issued per country per year.
3. Permits qualified workers eligible for an employment based petition to secure work authorization until a visa becomes available.
4. Exempts foreign nurses from current numerical limitations and provides new programs to fund and develop domestic nursing supply and encourage training of other domestic heath care professionals
Promotion of family unit: The Bill includes various measures designed to keep US families together
1. Reclassifies spouse and children of lawful permanent resident as immediate relatives
2. Ensures that immediate relatives may continue to pursue their immigration petition even if the US citizen or LPR who petitioned them dies
3. Provides the government with greater discretionary authority to waive unlawful presence ad other bars in order to reunite families.
4. Provides relief for orphans and widows of US citizens and legal immigrants by allowing them to retain eligibility for waivers and other consideration that would have been available to them at the time of the petitioner’s death.
5. Permits immigration judges greater discretion when determining eligibility requirements for long term lawful permanent residents seeking cancellation of removal.
6. Includes protections for refugees parolees, or asylees by prohibiting the removal of any individual who fled his homeland for fear of persecution before the age of 12 and was subsequently admitted into the US as a parolee, refugee, or was granted asylum in the US
7. Permits an immigration judge to decline to order the removal of a parent of a citizen child if the judge determined that removal wouldn’t be in the best interest of the child.
8. Revises the eligibility requirement for sponsorship of immigrants by reducing the level of support required from 125% of poverty level to 100% of poverty level.
Preventing Future Illegal Immigration: The Bill creates the Prevent Unauthorized Migration Visa (PUM Visa) that seeks to provide for safe, humanitarian migration during the three year transition period before the enactment of recommendations made by the new Labor Commission:
1. Create 100,00 PUM Visas annually, for 3 years to persons from those countries which represent at least 5% of the total unauthorized migration population within the US for the past 5 years and will be distributed on a percentage basis through a lottery system.
2. Individuals may apply to the lottery if they aren’t in US when lottery took place, don’t have family or employment or employment based means to immigrate, submit to criminal back ground checks and have completed less than 4 years of college
3. Individuals awarded visas will be conditional residents , they can apply for LPR after 3 years.
Legalizing Undocumented Immigration: The Bill creates a legalization program for qualified undocumented immigrants and their spouses and children.
1. Those who qualify receive “conditional non-immigrant visa” that would valid for 6 years, allows immigrants to work and travel and protects them from deportation.
2. To qualify an applicant must:
a) Establish they have been in US illegally before December 15, 2009
b) Attest to having contributed to the US by job , school ,military service or other volunteer/community service, (exemptions for minors, disabled people, elderly and other unusual circumstances.
c) Pay an application fee and a fine of $500.00
d) Not have any conviction for a felony or for 3 or more misdemeanors.
Certain immigrants who are in deportation proceedings, facing deportation or ordered to voluntarily deport would be able to apply for legalization.
All barriers related to undocumented status such as using a fake Social Security Number will be waived but security and criminal barriers would not be waived.
Dream Act: Undocumented children brought to US before the age of 16 will be able to apply for legal status through the same program and they won’t face any fines. They can also be accelerated to LPR status upon either graduating high school, completing two years of college or military service or employment. They can be naturalized after 3 years of LPR status is granted.
Individual states will be able to decide whether or not undocumented students can receive in state tuition fees.
Farm Workers AgJobs Act of 2009 will be included in this Bill and it allows unauthorized farm works to legalize their status and reforms the H-2A temporary Visa program.
The CIR ASAP Act creates the Commission on Immigration and Labor Markets which will serve as an Independent Commission that will develop employment based immigration policies for promotion of economic growth competitiveness and wage and labor protections.
It will also creates a Federal Research agenda on the economic impact of immigration.
Security and Prosperity Act
Many of the fees and fines generated by the new programs within this bill will be deposited in and new Security and Prosperity Account to fund Commission on Immigration and Labor Markets. These monies will also pay for training for American workers, border security detention and enforcement activities and reduce backlog s.
This Bill will authorize the Department of Homeland Security to study and recommend new strategies for job creation. It will create new venture capitalist Visa.
Naturalization Process and Integration, it will provide for uniform administration of the naturalization exam. It will promote citizenship of elderly by adjusting the age requirements for English language exemptions. It creates grant programs for community based organizations to promote and help immigrants to prepare for citizenship. It creates incentives for English language acquisition programs.

Californians split on Ariz. immigration law
July 16th, 2010, 6:56 am • 289 Comments • posted by Dena Bunis, Washington Bureau Chief
A new Field Poll out Friday shows that by a margin of 49 to 45 percent Californians support the new tough Arizona immigration law but the results are marked by major partisan and ethnic differences.
Among Republicans voters who responded to the survey, 77 percent favor the law while 62 percent of Democrats oppose it. Non-partisans are about evenly divided with 46% in favor and 49% opposed.
And according to the new poll, white non-Hispanics approve of the law 58 percent to 37 percent while only 24 percent of Latino voters support the law compared with 71 percent against it.
The California results are in stark contrast to nationwide polls that have consistently reported that a clear majority of Americans support the Arizona law. The measure requires local and state police officials to check the immigration status of those they stop for other crimes if police believe there is a “reasonable” suspicion that the person is here illegally.
The law is scheduled to take effect on July 29th but seven lawsuits aiming to quash it have been filed. A federal judge heard arguments on one suit Thursday and plans to hold hearings on the others next week, most notably the lawsuit filed by the Justice Department.
The measure has brought the debate to communities in Orange County and around the country.
Westminster and Rancho Santiago Margarita became the latest cities to debate the issue this week. Westminster decided Wednesday to put off the debate until a later date whileRancho Santa Margarita’s city council voted to support the law.
Costa Mesa, Orange andYorba Linda’s city councils have all expressed their support for the measure. Santa Ana’s city council has condemned the measure.
When likely November voters were asked about support for the law the gap widened with 54 percent saying they support is and 41 opposing.
Immigration in general and the Arizona law specifically could have an impact in the two key statewide races this fall – governor and U.S. Senate.
According to Field, “Only about one in four voters who prefer Democrats Jerry Brown for Governor or Barbara Boxer in the U.S. Senate race register approval of the law. By contrast, about four out of five of the supporters of Meg Whitman for Governor or Carly Fiorina for U.S. Senate are lining up in favor of the legislation.”
Brown, Boxer and Whitman have all expressed opposition to Arizona’s law and the Justice Department’s lawsuit challenging it. Fiorina supports the law and opposes the lawsuit.
Voters who are currently undecided in the governor’s race support the new law 63% to 35%, while undecided voters for U.S. Senate are divided (49% approve vs. 47% disapprove, the survey reported.
http://totalbuzz.ocregister.com/2010/07/16/californians-split-on-ariz-immigration-law/38023/

Broad coalition of faith leaders urges immigration reform
By Jennifer Garza
jgarza@sacbee.com
Published: Sunday, Jul. 18, 2010 - 12:00 am | Page 1A
Last Modified: Sunday, Jul. 18, 2010 - 10:04 am
The Rev. Samuel Rodriguez interrupted a recent Thursday night Bible study class at Sacramento's Christian Worship Center to discuss a topic he knew concerned many of his congregants: immigration reform.
As his wife, Eva, translated in Spanish, Rodriguez, an Assemblies of God pastor, paced the stage while describing the meeting he and other religious leaders had with President Barack Obama a few days before the president's July 1 speech on immigration.
"We urged him to take the moral imperative on this," the pastor said.
Rodriguez is also president of the National Hispanic Christian Leadership Conference, an advocacy group that serves 16 million evangelical Latinos. The local pastor sat in the front row for the president's speech and is at the forefront of the issue nationally.
"We believe God is on our side on this issue," he said.
Many of his congregants, mostly Latino, nodded in agreement.
Read more: http://www.sacbee.com/2010/07/18/2897608/broad-coalition-of-faith-leaders.html#ixzz0u3XUiygp

Immigration bill could aid 500,000 in state
BY BRIAN ROSENTHAL
THE ORANGE COUNTY REGISTER

WASHINGTON – If Congress extends legal status to illegal immigrants who came to the United States as children, more than half a million people living in California could be eligible to apply for green cards.
In all, a report by the Migration Policy Institute found that about 2.1 million young illegal immigrants living in the U.S. could become legal residents under of the DREAM Act, a law that has been proposed in Congress for nearly a decade but has yet to pass. The number in California – 553,000 – was by far higher than in any other state.

Some of Yenni Diaz's friends find themselves in this predicament. A political science student at the UC Irvine, Diaz has several undocumented friends who went to high school in California, are studying for the same degree as her but under current law will never be able to legally get jobs after they graduate. The DREAM Act could enable them to become citizens of the only country they have ever known.
"These are people that are students that are working toward a degree or have a degree already," said Diaz, a member of the Orange County DREAM Team, which has fought for the law since it was proposed in 2001. "They would be able to actually work in their field and use their degree."
But critics, who view the plan as a form of amnesty, argue it is counterproductive and dangerous to provide any benefits to anyone who entered the country illegally.
The Migration Policy Institute report, co-authored by Margie McHugh and Jeanne Batalova, provided the first snapshot of how many people might be affected by the law.
The legislation would grant conditional legal status to illegal immigrants under the age of 35 who arrived in the country before the age of 16, have lived here for the last five years and have a U.S. high school diploma or GED.
http://www.ocregister.com/news/status-256870-people-high.html

Democratic strategists divided on impact of immigration suit
By Susan Crabtree - 07/07/10 06:00 AM ET

Some Democratic strategists are embracing the Obama administration’s legal challenge to Arizona’s new immigration law, arguing that the long-term political dividends with Hispanic voters outweigh any headaches it may cause for swing-district Democrats in this year’s election.
The Justice Department is seeking an injunction preventing the law from taking effect July 29 on the grounds that immigration enforcement is the federal government’s responsibility and that the Arizona law could impede that duty.
Arizona’s tough new immigration-enforcement law, which allows police to question people if they think they may be in the country illegally, has sparked a national debate on the already contentious topic of immigration, and the short-term political fallout will no doubt seriously affect both parties.
Before the lawsuit and President Barack Obama’s call for comprehensive immigration reform last week, Latino voters were beginning to rethink their support for the president and question his commitment to their agenda.
While Obama’s approval ratings among black and white Americans remained static over the past six months — at 91 percent and 41 percent, respectively — his approval numbers among Hispanics dropped 12 points, to 57 percent, a Gallup poll found.
At the same time, the majority of the public has expressed support for the Arizona law, several polls have found, a point Republicans will continue to hammer home during the midterm campaign. http://thehill.com/homenews/administration/107389-dem-strategists-divided-on-impact-of-immigration-suit

Arizona suit imperils Western Dems
The Obama administration's lawsuit over the stringent Arizona border law might have just made the incline a little steeper for many Western Democrats, providing instant fodder to Republicans who are already optimistic about regaining ground lost over the last two election cycles.
The dust from the Department of Justice lawsuit filed Tuesday is just starting to settle, but the reflexive sense among strategists on both sides is that it will be a net negative for Democrats this fall.
The suit could, of course, help boost turnout among Hispanic voters in key areas across the West. And stridently anti-immigrant rhetoric could turn off independent voters. Yet many foresee a midterm electorate featuring an energized Republican base — for whom the immigration issue has emerged as a priority — prompting moderate white Western voters who are concerned about jobs to decamp to the GOP at least in the short term, political observers said.
“This is a tough issue for Democrats,” said former Colorado Gov. Dick Lamm, a Democrat who is co-director of the Institute for Public Policy Studies at the University of Denver. “Politically, I just can’t think of any place in the West where this is going to play well.”


Read more: http://www.politico.com/news/stories/0710/39431.html#ixzz0t0qkYKTg