Weighing 2010 immigration reform proposals with our values

1. Weighing 2010 immigration reform proposals with our values Powerpoint & Discussion adapted from the Fair Immigration Reform Movement

2. Goals for this Discussion • Lay the Foundation for this Discussion • Explore the Political Context for CIR in the Senate • Learn what has been proposed in the Senate as well as the House of Representatives • Look Ahead to the Full Debate in Congress • Get your organization’s input for key elements you feel must be included as well as can’t live with within a reform bill

3. 1. Foundation for this Discussion • CIRC’s role in influencing CIR at the national level • CIRC’s Principles for CIR • What We Stand to Win • The Legislative Process

4. CIRC’s role in influencing the Comprehensive Immigration Reform Discussion America’s Voice Reform Immigration for America Decision making body Other National Groups Immigrant Organizing Committee Executive Committee of FIRM NCLR The major immigrant rights voice in the push to pass comprehensive immigration reform CIRC Other field groups Illinois Coalition for Immigrant and Refugee Rights

5. CIRC’s Principles for CIR What We are Fighting For: 1. A Path to Citizenship 2. Family Reunification 3. Worker Rights 4. Due Process /Fair Treatment by Law Enforcement 5. Education & Opportunity 6. Immigrant Integration7. Protections for Refugees and Asylees

6. What We Stand to Win 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

7. How CIR will build power: • Decreased fear of deportation – fear has been a barrier to organizing, so when that fear is diminished there will be new potential for community engagement and collective bargaining. • Huge demographic/political shifts – once immigrants have access to citizenship and voting rights, we’ll see the growth of a powerful coalition of people of color and poor people.

8. The Legislative Process IDEA BILL DRAFTED SENATE COMMITTEEdebates, amends and passes the Committee’s version of the bill HOUSE COMMITTEEdebates, amends and passes the Committee’s version of the bill HOUSE FLOORdebates, amends and votes on the Committee’s bill CONFERENCE COMMITTEEnegotiates and blends the House and Senate versions into a final bill SENATE FLOORdebates, amends and votes on the Committee’s bill SENATE FLOOR VOTE ON FINAL BILL HOUSE FLOOR VOTE ON FINAL BILL SIGNED BY THE PRESIDENT Where Are We In This Process?

9. The Legislative Process It is like building a house on a limited budget: We have an idea of what we want the house to be … … but may not have enough resources to build it

10. The Legislative Process It is like building a house on a limited budget: Our dream house might have a big porch, two floors, five bedrooms and lots of windows ...

11. The Legislative Process It is like building a house on a limited budget: … We negotiate with the builder and architect to get as much as we can with our budget.

12. The Legislative Process It is like building a house on a limited budget: … 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 it’s years before we have another chance to build a house?

13. The Legislative Process This fight will be a balancing act between: bad provisions being pushed by anti-immigrant forces and those in power legalization and the reforms that will make our lives and communities better

14. 2. Political Context for CIR in the Senate • The CIR Debate in 2007 • What’s Different This Time • Our Senate Champions

15. The CIR Debate in 2007 • In the Summer of 2007, the Senate debated a bill had a path to citizenship as well as increased enforcement. • 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 • Despite all the compromises and inclusion of heavy enforcement provisions, the right still rejected the bill • The Bill Did Not Pass in the Senate • So we focused on changing the political reality for the next Congress …

16. What’s Different This Time … And We DID!!!

17. What’s Different This Time • President Obama supports progressive comprehensive immigration reform. • We’ll hold him to his campaign promises • Democrats are in the majority in the Senate. • 59 votes (including Independents who caucus w/ Dems) • Some members of Congress are re-energized.

18. Now we’ll talk about the two bills that have been introduced in the Senate and House of Representatives, and who the important people are to know in respect to these bills.

19. The Cast of Characters in the Senate Sen. Reid (D-NV) is the Majority Leader in the U.S. Senate, and has been a senator since 1986. 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 isn’t making him shy away from taking a stand on immigration reform, and pressing other Democrats to also show courage on this issue.

20. The Cast of Characters in the Senate 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.

21. The Cast of Characters in the Senate 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 third-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.

22. The Cast of Characters in the Senate Sen. Graham (R-SC) has been a Senator since 2002, and he supported comprehensive immigration reform bills in both 2006 and 2007. 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.

23. The Cast of Characters in the Senate Sen. McCain (R-AZ) has served in the U.S. Senate since 1986. 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 Arizona’s racial profiling law.

24. 2. Political Context for CIR in the Senate What do you think of the political context we’re 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?

25. 3. What Reid, Schumer & Menendez are Proposing • Policy Overview • Identifying what are the critical elements WE NEED in the bill • And what are the bad elements that, if included, will make us give up all the good stuff and walk away from the bill

26. 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 six sections: • Achieving Operational Control of America’s Borders to Prevent Future Illegal Immigration • Detection, Apprehension, and Removal of Unlawfully Present Persons in the United States • Ending Illegal Employment through Biometric Employment Verification • Reforming America’s Legal Immigration System to Maximize American Economic Prosperity • Mandatory Registration, Acceptance of Responsibility, and Administration of Punishment for Unauthorized Aliens Presently in the United States • Reforms Designed to Enhance Efficiency and Effectiveness in America’s Immigration System

27. Policy Overview • 1. Achieving Operational Control of America’s Borders to Prevent Future Illegal Immigration • Summary: • Sets benchmarks for border security (increased border patrol agents, increased technology, etc.) AND requires that benchmarks be reached before any legalization program can begin • Increases resources for immigration courts to expedite removal of unlawfully present individuals • Other proposals that further ‘fortify’ border enforcement • What’s GOOD: • Focuses ICE and other enforcement programs on criminal activities and border crossers • Creates a Border Community Liaison Office • Increases environmental protections at the border • Prohibits states/cities from enacting laws that ‘undermine federal (immigration) policies’ • Major CONCERNS / CRITICISMS: • The benchmarks need to be minimally 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 • Concern that increased enforcement and expedited removal could lead to many people being deported before legalization program starts after enforcement benchmarks are met

28. 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) capabilities to detect, apprehend and remove persons without status • What’s GOOD: • Minimum standards of detention but unclear if there will be increased enforcement of standards • Requires DHS to file Notice To Appear’s 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: • If these provisions go into effect before legalization, large numbers of people who wold be eligible for legalization will be deported • 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 child’s welfare; broader criteria needed • Unclear what it means to “encourage individuals here illegally to depart voluntarily” what are the incentives? • Prison sentences will be levied upon persons who use false documents, could result in those currently using false documents to be not only imprisoned, but also potentially deported prior to legalization program • Zero tolerance for illegal entry could be very problematic.

29. 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 • What’s GOOD: • Card supposed to only be used to verify work eligibility (other uses are unlawful) • Increased penalties for violating anti-discrimination protections • The cards’ 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

30. Policy Overview • 4. Reforming America’s 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 • What’s GOOD: • Incorporates AgJOBS • Increases protections against fraud for H1-B workers, against employer fraud, and against abusive employers. Unclear f there will be increased funding for enforcement of worker protections • 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 • Permits permanent partners of citizens and LPRs to obtain LPR status • Major CONCERNS / CRITICISMS: • Does not increase protections against abusive employers • New ‘Commission on Employment-Based Immigration’ only makes recommendations

31. Policy Overview • 5. Mandatory Registration, Acceptance of Responsibility, and Administration of Punishmentfor 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) • What’s 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) • If not eligible after registering, will folks be deported? Unclear exactly what the risks with registering might be, although it state those that do not comply with the requirement to register will be identified and removed. • Unclear what happens if an LPI doesn’t meet the criteria for LPR (for example English language skills). Will they remain in LPI status or be deported?

32. Policy Overview • 6. Reforms Designed to Enhance Efficiency and Effectiveness in America’s Immigration System • Summary: • Variety of provisions to expand visa categories and make technical changes • What’s 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

33. What Gutierrez introduced in December • Political Context for the “better” bill • What the bill includes

34. But wait! Hasn’t 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.

35. So what’s 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. While CIR-ASAP is not moving, we can use its good provisions to influence the forthcoming Senate bill.

36. What is in CIR-ASAP? There are six major areas that CIR-ASAP seeks to address: Border Security, Detention and Enforcement Employment Verification Visa Reforms Earned Legalization Program for the Undocumented Strengthening America’s Workforce Integration of New Americans

37. The Political Context This is only the beginning … IDEA BILL DRAFTED SENATE COMMITTEEdebates, amends and passes the Committee’s version of the bill HOUSE COMMITTEEdebates, amends and passes the Committee’s version of the bill HOUSE FLOORdebates, amends and votes on the Committee’s bill CONFERENCE COMMITTEEnegotiates and blends the House and Senate versions into a final bill SENATE FLOORdebates, amends and votes on the Committee’s bill SENATE FLOOR VOTE ON FINAL BILL HOUSE FLOOR VOTE ON FINAL BILL SIGNED BY THE PRESIDENT … There is more work (and more compromises) to come

38. The Political Context We Are Ready for a Long, Hard Fight! More than 200,000 March for America Huge Growth in Our Online and Cellphone Lists Meetings w/ the Obama Administration November National Call w/ more than 1000 house parties

39. The Political Context Because we know … The Debate Will Not Be Easy& A Final Bill Will Not Be Perfect

40. 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.

41. 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. Through discussion out of this power point, we hope to develop CIRC’s bottom line. Our bottom line is not our public stance, was we will continue to push for a better bill, but it is important for us to know in the end where we are willing to go and where we will draw the line so we can make our voices heard in the process.

42. Discuss Our Views • What has to be in a bill for you to support it and what components, if included in a bill, will make you want to reject the bill as a whole? • What is our strategy for our bottom line? (Do we advertise that we are willing to take a tent, if we are, or do we push for our dream house and strategically negotiate as needed?)