MEMORANDUM To: AHC Organizations From: American Horse Council Re: House Immigration Bill Date: March 23, 2007 | |||
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Comprehensive immigration legislation has been introduced in the House of
Representatives to reform the nation’s immigration laws. The Security
Through Regularized Immigration and a Vibrant Economy Act of 2007 (H.R.
1645), called the STRIVE Act, was introduced by Representatives Luis
Gutierrez (D-IL) and Jeff Flake (R-AZ). Immigration reform, and particularly what to do with the estimated 12 to 15 million illegal and undocumented workers in the U.S., may be the most contentious issue that Congress has tried to deal with in many years. While many members of Congress see a broad approach as the only way to resolve the many complex issues, many other members want a border security and “enforcement-only” approach before undertaking the broader issues of undocumented workers and reforming temporary-worker programs. This bill tries to satisfy both groups. Immigration and the Horse Industry The issue of comprehensive immigration and guest worker reform is important to the horse industry. Horse breeders, ranchers, training facilities, horse shows, trainers and others depend on seasonal and long-term foreign workers to fill labor demands not met by American workers. The industry needs workable programs for its H-2A agricultural workers and its H-2B non-agricultural workers. Many employers in the horse industry also see comprehensive immigration/guest worker reform as a way to regularize their current workforce and meet their labor demands as the new programs are initiated. STRIVE Act The STRIVE Act tries to take both approaches. To satisfy the “enforcement-first” proponents, many of the broader provisions cannot be implemented until the Secretary of the Department of Homeland Security has certified that improvements in border surveillance technology are being implemented; that the systems and infrastructure necessary to carry out improvements to immigration document security are ready to use; and that the first phase of Electronic Employment Verification System requiring the participation of critical infrastructure employers has been implemented. The bill also provides for strict enforcement provisions, like hiring more border patrol agents, the use of new technologies, tamper-proof identification cards to replace social security cards, more federal detention space, a new electronic system for employers to electronically verify a worker’s employment authorization and increased penalties on employers and workers who operate outside the system. New H-2C Program The STRIVE Act would initiate a new guest-worker program for “H-2Cs” that would replace many of the non-immigrant alien worker categories included in existing programs, including the current H-2B temporary and seasonal workers program. These H-2Cs would be year-round workers who could be admitted for three years. This new program would include the horse industry’s non-agricultural H-2B workers, but would not include current H-2A workers. The H-2A program would continue under the AgJobs provisions of the bill. The H-2C visa would be valid for three years and renewable for another three. An employer would still have to give U.S. workers the job opportunity first, document that American workers are not available and document that alien workers world not displace U.S. workers or adversely affect their wages or working conditions. Alien workers would have to complete criminal- and terrorism-related background checks, pay a $500 application fee, undergo a medical exam and show admissibility to the U.S. The H-2C visa program would have an initial cap of 400,000, which would be adjusted annually based on market fluctuations. H-2C workers would have an opportunity to apply for permanent resident status (Green Card), either through an employer or by self-petitioning, after five years of employment. New Employment Verification Requirements The bill would create a system for employers to electronically verify a worker’s employment authorization and establish criminal penalties for employers and workers who operate outside the system. It would set up strong enforcement procedures. Employers would have to verify the employment authorization of all new workers either electronically or telephonically. Earned Legalization for Undocumented Workers Once the Secretary of DHS has made the required certification mentioned earlier, the STRIVE Act would authorize the initiation of a program providing conditional nonimmigrant status for undocumented immigrants (and their spouses and children) in the U.S. This would be the mechanism to allow undocumented workers to legalize their status. This status would be valid for six years. This would allow any aliens without proper documentation to regularize their status and remain in the U.S. and continue working. To be eligible an alien must, among other things:
This provision could eventually allow such aliens able to earn U.S.
citizenship. But such workers would have to satisfy other additional
requirements and would have to go to the back of the line for permanent
visas; the current immigrant backlogs would have to be cleared before
qualified conditional nonimmigrant visa applicants (and their families)
could adjust to permanent resident status. |
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