Comprehensive Immigration Reform Act of 2006


The Comprehensive Immigration Reform Act was a United States Senate bill introduced in the 109th Congress by Sen. Arlen Specter on April 7, 2006. Co-sponsors, who signed on the same day, were Sen. Chuck Hagel , Sen. Mel Martínez , Sen. John McCain , Sen. Ted Kennedy , Sen. Lindsey Graham , and Sen. Sam Brownback .
The bill dealt with immigration reform. It proposed to increase some security along the southern United States border with Mexico, allow long-term illegal immigrants to gain legal status, and to increase the number of guest workers over and above those already present in the U.S. through a new "blue card" visa program. The sponsor of the Bill, Senator Arlen Specter, introduced it on April 7, 2006. It was passed on May 25, 2006, by a vote of 62-36. Cloture was invoked, which limited debate to a 30-hour period. The parallel House Bill H.R. 4437 would have dealt with immigration differently. Neither bill became law because the two Houses were not able to reach an agreement to go to a conference committee. The end of the 109th Congress marked the defeat of both bills.

Background

In 2006 there were estimated to be between 8 and 20 million illegal immigrants living within the United States, with the most common estimates being around 11 to 12 million. Further complicating the issue is the extreme poverty present in Mexico and other Latin American countries, the high demand for unskilled labor in the United States, the alleged inadequacy of current legal immigration routes, and the presence of drug and human smuggling on the border. On December 16, 2005, the House of Representatives passed H.R. 4437, which solely focused on US-Mexican border security and penalties for employers, smugglers, and those, such as churches and charity workers, providing assistance to illegal immigrants. One of the most controversial aspects of the house bill aimed to change illegal presence in the United States from a civil offense to a felony.

Analysis

The major difference between H.R. 4437 and S. 2611 was the proposed legalization for illegal immigrants in S. 2611. The Senate legislation allowed illegal 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. Illegal immigrants 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 abroad. Those in the country for under 2 years would be required to return to their original nations. Thus, with some waiting, 10 million illegal immigrants could be eligible to become citizens. The fine is around $2000, but some sources say it might be higher.
The Bill also introduces a H-2C visa, or "blue card." This visa allows employers to bring in outside workers for up to 6 years, after which the employee must spend one year in their original country. The Bill proposes of fencing along highly populated areas near the border; H.R. 4437 proposes of fencing. The Bill does not mention any expanded role for local law enforcement for border enforcement tasks the way that H.R. 4437 does. There is an added clause, the Inhofe Amendment, an English-only proposal that makes English the "national language" of the United States aiming at discouraging services in any other language than English.
The bill would also 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 immigrants who later become legal to collect Social Security benefits based on social security credits earned while they were illegal. Also, the United States federal government would have to consult with Mexican officials before commencement of any fence construction on the U.S. side of the border.
This bill has been compared to the Immigration Reform and Control Act of 1986.

Provisions

The Bill set forth border security and enforcement provisions, including provisions respecting:
personnel and asset increases and enhancements; a National Strategy for Border Security; border security initiatives, including biometric data enhancements and a biometric entry-exit system, document integrity, and mandatory detention of aliens apprehended at or between ports of entry; and Central American gangs.
Sets forth provisions respecting: noncitizen Armed Forces membership; non-immigrant status for athletes; extension of returning worker exemption; surveillance programs, including aerial and unmanned aerial surveillance; a Northern Border Prosecution Initiative; reimbursement of Southern Border State and county prosecutors for prosecuting federally initiated drug cases; conditional nonimmigrant worker-related grants; border security on federal land; and parole and status adjustment relief for qualifying widows and orphans.