Weighing 2010 immigration reform proposals with our values Powerpoint & Discussion adapted from the Fair Immigration Reform Movement 1. Lay the Foundation for this Discussion 2. Explore the Political Context for CIR in the Senate 3. Learn what has been proposed in the Senate as well as the House of Representatives 4. Look Ahead to the Full Debate in Congress Goals for this Discussion 1. Foundation for this Discussion a. Where CIRC fits in to overall hierarchy a. CIRCs Principles for CIR b. What We Stand to Win c. The Legislative Process CIRCs role in influencing the Comprehensive Immigration Reform Discussion CIRC IOC Executive Committee of FIRM IOC Executive Committee of FIRM Other field groups Other field groups ICIRR Other National Groups NCLR Americas Voice Reform Immigration for America Decision making body The major immigrant rights voice in the push to pas comprehensive immigration reform What We are Fighting For: 1. A Path to Citizenship 2. Family Reunification 3l Worker Rights 4. Due Process /Fair Treatment by Law Enforcement 5. Education & Opportunity 6. Immigrant Integration 7. Protections for Refugees and Asylees CIRCs Principles for CIR 1. A Path to Citizenship CIRCs principles for CIR 2. Family Reunification CIRCs principles for CIR 3. Worker Rights CIRCs principles for CIR 4. Due Process / Fair Treatment CIRCs principles for CIR 5. Education & Opportunity CIRCs principles for CIR 6. Immigrant Integration 7. Protections for Refugees and Asylees CIRCs principles for CIR We need CIR because there are millions of people who are living, working, and raising families in the U.S., but they do not have a path to citizenship. CIR will make a difference in their lives AND CIR will build long-term political power What We Stand to Win How CIR will build power: No more fear of deportation fear has been a barrier to organizing, so when that fear is gone there will be new potential for community engagement and collective bargaining. Huge demographic/political shifts once immigrants have access to citizenship and voting rights, well see the growth of a powerful coalition of people of color and poor people. The Legislative Process IDEA SENATE COMMITTEE debates, amends and passes the Committees version of the bill HOUSE FLOOR debates, amends and votes on the Committees bill BILL DRAFTED HOUSE COMMITTEE debates, amends and passes the Committees version of the bill SENATE FLOOR debates, amends and votes on the Committees bill SIGNED BY THE PRESIDENT SENATE FLOOR VOTE ON FINAL BILL HOUSE FLOOR VOTE ON FINAL BILL CONFERENCE COMMITTEE negotiates and blends the House and Senate versions into a final bill Where Are We In This Process? It is like building a house on a limited budget: The Legislative Process but may not have enough resources to build it We have an idea of what we want the house to be It is like building a house on a limited budget: The Legislative Process Our dream house might have a big porch, two floors, five bedrooms and lots of windows... It is like building a house on a limited budget: The Legislative Process But the architect and builder says we can only afford to build a single floor, 2 bedroom house. Even if its not what we dreamed of, we can still make it a good home. It is like building a house on a limited budget: The Legislative Process But what if the house ends up being just a tent? At what point is it NOT a house we want to live in? Would we NOT want this shelter, even if its years before we have another chance to build a house? This fight will be a balancing act between: The Legislative Process legalization and the reforms that will make our lives and communities better bad provisions being pushed by anti-immigrants 2. Political Context for CIR in the Senate a. The CIR Debate in 2007 b. Whats Different This Time c. Our Senate Champions The CIR Debate in 2007 In the Summer of 2007, the Senate debated a bill that balanced our goal of providing a path to citizenship with increased enforcement. This compromise bill was strongly supported by President Bush (R), Majority Leader Reid (D-NV) & a group of Senators led by Sen. Kennedy (D-MA) and Senators McCain & Kyl (R-AZ). The Senate Debate & Our Response: Since it was a compromise to begin with, the bill was not the ideal starting point for the Senate debate. Then, a number of amendments passed that made the final bill worse for immigrants. Organizations struggled to decide whether to support the final bill: FIRM supported passage of the bill. We felt that it was better than no reform at all. We hoped that the bill could be fixed through negotiations with the House, or in the Conference Committee. Some of our allies opposed the bill. They felt that the steps towards legalization were not enough to outweigh the bad provisions that were added to the bill by conservatives. The CIR Debate in 2007 What do you remember from the campaign to pass comprehensive immigration reform in 2007? How did you feel about the policy? How did you feel about the disagreements between progressive organizations about whether to support or oppose the final bill? The CIR Debate in 2007 The Bill Did Not Pass in the Senate: Partly because the field was not united / excited by the compromises made in the bill. Partly because our opposition placed 10 calls opposing the bill for every 1 call our supporters placed in favor of the bill. So we focused on changing the political reality for the next Congress Whats Different This Time And We DID!!! Whats Different This Time President Obama supports progressive comprehensive immigration reform. Well hold him to his campaign promises Democrats are in the majority in the Senate. 59 votes (including Independents who caucus w/ Dems) Democrats and the President are re-energized. The healthcare bill wasnt ideal, but it was a win; AND they have scored political points in the financial reform debate Whats Different This Time Sen. Reid (D-NV) is the Majority Leader in the U.S. Senate, and has been a senator since He was a major player in moving the immigration reform bill in 2007, and is again showing leadership in crafting a bill this year. Reid is in the midst of a difficult re-election campaign, but that isnt making him shy away from taking a stand on immigration reform, and pressing other Democrats to also show courage on this issue. The Cast of Characters Sen. Schumer (D-NY) has a long history of supporting immigration reform. During the IRCA debate, he was the key architect of a compromise between the House and Senate that included legalization for guest workers. This compromise made it possible for the bill to move to the House floor for a vote. He was originally working with Senator Lindsey Graham (R-SC) to craft a bipartisan Senate bill. The Cast of Characters Sen. Menendez (D-NJ) is the son of immigrants and is currently the only Latino in the Senate. Before being elected to the Senate in 2006, he had served in the House of Representatives for more than a decade, where he quickly rose to become the highest ranking Democrat. He heads the Democratic Senatorial Campaign Committee, so has a lot of power and influence with other Senators because he leads the organization that helps them get elected. The Cast of Characters Sen. Graham (R-SC) has been a Senator since 2002, and he supported comprehensive immigration reform bills in both 2006 and In 2007, Graham challenged his own party, saying: We are going to solve this problem. We're not going to run people down. We're not going to scapegoat people. We're going to tell the bigots to shut up, and we're going to get this right. Sen. Graham was originally working with Sen. Schumer on a bipartisan bill, but recently withdrew his support for moving a bill this year and has made public statements against CIR and in favor of an enforcement-first approach. The Cast of Characters Sen. McCain (R-AZ) has served in the U.S. Senate since In 2007, he was the primary Republican champion for comprehensive immigration reform. However, his position has recently shifted against reform. He has come out against comprehensive immigration reform, and spoken in favor of both an enforcement-first approach and Arizonas racial profiling law. The Cast of Characters 2. Political Context for CIR in the Senate What do you think of the political context were in? What do you think about the political context next year, after the 2010 elections? How does the potential for compromise on immigration reform policies make you feel? 3. What Reid, Schumer & Menendez are Proposing a. Policy Overview b. Identifying what are the critical elements WE NEED in the bill a. And what are the bad elements that, if included, will make us give up all the good stuff and walk away from the bill Policy Overview On April 29, 2010, Senators Reid, Schumer & Menendez released a proposal for immigration reform that will be the basis of a bill they are writing. Their proposal had the following five sections: 1.Achieving Operational Control of Americas Borders to Prevent Future Illegal Immigration 2.Detection, Apprehension, and Removal of Unlawfully Present Persons in the United States 3.Ending Illegal Employment through Biometric Employment Verification 4.Reforming Americas Legal Immigration System to Maximize American Economic Prosperity 5.Mandatory Registration, Acceptance of Responsibility, and Administration of Punishment for Unauthorized Aliens Presently in the United States 6.Reforms Designed to Enhance Efficiency and Effectiveness in Americas Immigration System Policy Overview 1. Achieving Operational Control of Americas Borders to Prevent Future Illegal Immigration Summary: Sets benchmarks for border security (number of border patrol agents, increased technology, etc.) AND requires that benchmarks be reached before any legalization program can begin Other proposals that further fortify border enforcement Whats GOOD: Focuses ICE and other enforcement programs on criminal activities Creates a Border Community Liaison Office Increases resources for immigration courts, and environmental protections at the border Prohibits states/cities from enacting laws that undermine federal (immigration) policies Major CONCERNS / CRITICISMS: The benchmarks need to be clearly defined, and there must be commitment that the benchmarks will not move to further delay triggering legalization Authorizes a border patrol auxiliary unit, deployment of National Guard and other militaristic border security, without clarifying the rules / regulations that would control them Not clear whether undermining federal policies could apply to expanding access to benefits Policy Overview 2. Detection, Apprehension, and Removal of Unlawfully Present Persons in the United States Summary: Variety of proposals to increase internal (rather than border) enforcement Whats GOOD: Minimum standards of detention Requires DHS to file NTAs with immigration court closest to where person was arrested Victims of labor violations will have incentives to cooperate with DOL investigators Increased data collection and monitoring of 287(g) programs Major CONCERNS / CRITICISMS: Will people in jails (as opposed to prisons) be subject to immigration checks? [worry about possible expansion of Secure Communities] The proposal limits transfers but only on the basis of childs welfare; broader criteria needed Unclear what it means to encourage individuals here illegally to depart voluntarily what are the incentives? Policy Overview 3. Ending Illegal Employment through Biometric Employment Verification Summary: Creates new biometric social security cards that all workers would be required to use to verify eligibility for employment Whats GOOD: Card supposed to only be used to verify work eligibility (other uses are unlawful) Increased penalties for violating anti-discrimination protections The cads electronic chips will not store medical information or global positioning information; cards will only store name, date of birth, social security number and biometric identifier Major CONCERNS / CRITICISMS: Only non-citizens would be pay a fee for the new biometric social security cards Creates possibility for private sector providers to verify employee information: why farm this out to for-profits, when local government offices will also have this responsibility? Problems with reliability, enforcement and abuse in E-Verify are likely to exist in new system Sets up an Employment Verification Advisory Panel, but immigrant organizations not included Policy Overview 4. Reforming Americas Legal Immigration System to Maximize American Economic Prosperity Summary: Provides a new immigration path for foreign students studying Science, Technology, Engineering or Mathematics (STEM) Strengthens anti-fraud provisions in the H-1B temporary workers system Reforms H-2A and H-2B temporary worker systems and adds a new H-2C category Whats GOOD: Incorporates AgJOBS Increases protections against fraud for H1-B workers, against employer fraud, and against abusive employers Adds new H-2C visa for non-seasonal, non-agricultural workers, with worker protections, portability after 1 year, and path to LPR status Broadens elements of family-based immigration, and raises per country limits Major CONCERNS / CRITICISMS: Does not increase protections against abusive employers New Commission on Employment-Based Immigration only makes recommendations Policy Overview 5. Mandatory Registration, Acceptance of Responsibility, and Administration of Punishment for Unauthorized Aliens Presently in the United States Summary: Establishes legalization program, through a two-phase process: Phase 1: Lawful Prospective Immigrant (LPI) status allows for work and travel Phase 2: adjust to Lawful Permanent Resident (LPR) status after backlog clears (8 years) Whats GOOD: Incorporates DREAM Spouses and children of LPIs who are living abroad would be eligible for legalization Major CONCERNS / CRITICISMS: Are LPIs the first to receive biometric social security cards? No description of the cost of fees, penalties, etc. Need a narrower definition of what would disqualify people from eligibility for LPI status (definition of criminal convictions should exclude offenses based on immigrant status) Policy Overview 6. Reforms Designed to Enhance Efficiency and Effectiveness in Americas Immigration System Summary: Variety of provisions to expand visa categories and make technical changes Whats GOOD: Establishes extensive nationwide immigrant integration programs BUT no details about what these programs will involve and who will run them Major CONCERNS / CRITICISMS: None What Gutierrez introduced in December a. Political Context for the better bill b. What the bill includes But wait! Hasnt a bill also been introduced in the House of Representatives by Congressman Luis Gutierrez? The answer is yes. In December of 2009, Congressman Luis Gutierrez (D- IL) introduced a piece of legislation called CIR-ASAP. Congressman Gutierrez has been in office since 1993 and is in a very safe, liberal district. His CIR-ASAP legislation, which was co- sponsored by Colorado Congressmen Polis, Perlmutter and Salazar and Congresswoman Degette, marks the most pro-immigrant any legislation will likely get in our current political context. So whats happening with the better bill? Congresswoman Nancy Pelosi, the current speaker of the House of Representatives where Gutierrez introduced his bill, is arguably the most powerful member of the House of Representatives. She has committed to work hard to pass immigration reform only if the Senate moves first. Why? Members of the House of Representatives are more vulnerable than Senators, since they face election races every two years as opposed to every six as Senators are. Pelosi is only willing to put vulnerable Democrats out there on a polarizing issue like immigration if the Senate has taken the initiative first. What is in CIR-ASAP? There are six major areas that CIR-ASAP seeks to address: 1.Border Security, Detention and Enforcement 2.Employment Verification 3.Visa Reforms 4.Earned Legalization Program for the Undocumented 5.Strengthening Americas Workforce 6.Integration of New Americans 1.Border Security, Detention and Enforcement Maximizing border security: This section includes protecting our borders with a Southern Border Taskforce; effective enforcement through improved personnel, assets and technology; securing ports of entry through study of effective means to allow goods and commerce through; combatting criminal activity through resources for state, local and tribal law enforcement agencies on the border; improving partnerships with border communities so that they play a key role in developing policies; and more personnel charged with combatting human trafficking. Improving Conditions of Detention: The bill requires DHS to meet minimum requirements to ensure the humane treatment of detainees. Enforcement: This section includes protecting workers, repealing 287g agreements and preventing discrimination based on immigration status. IDEA SENATE COMMITTEE debates, amends and passes the Committees version of the bill HOUSE FLOOR debates, amends and votes on the Committees bill BILL DRAFTED HOUSE COMMITTEE debates, amends and passes the Committees version of the bill SENATE FLOOR debates, amends and votes on the Committees bill SIGNED BY THE PRESIDENT SENATE FLOOR VOTE ON FINAL BILL HOUSE FLOOR VOTE ON FINAL BILL This is only the beginning The Political Context There is more work (and more compromises) to come CONFERENCE COMMITTEE negotiates and blends the House and Senate versions into a final bill The Political Context We Are Ready for a Long, Hard Fight! Huge Growth in Our Online and Cellphone Lists More than 200,000 March for America Meetings w/ the Obama Administration November National Call w/ more than 1000 house parties The Political Context Because we know The Debate Will Not Be Easy & A Final Bill Will Not Be Perfect The Political Context The CIR Debate Will Not Be Easy The debate over healthcare has shown that even with a Democratic majority in both the House and Senate, President Obama faces strong and powerful opposition to his reform agenda. The anti-immigrant forces who generated 10 calls against CIR for every one call for CIR in 2006 and 2007 are gearing up for another fight, and they are already using the economic recession to undercut support for legalization. The Political Context A Final Bill Will Not Be Perfect Compromise is an inevitable part of the legislative process. So the final bill will be a compromise between what we want, and what our opposition will stomach. Our challenge is to balance being both principled enough to demand what is best for our communities AND practical enough to get the best path to citizenship that we can. Discuss Our Views Are we prepared for the potential for more compromises by our representatives in Congress? What should we do to prepare our community for the debate and compromises that are coming? If a final bill is bad, would we be prepared to walk away from the chance of getting CIR in this Congress? What would it take to prepare our community for waiting until after the 2010 elections for another chance to pass CIR? What can we do to make sure advocates dont end up divided, like in 2007?