• To reduce the numbers of undocumented migrants living in the U.S., opportunities to earn legal status while providing needed labor in the United Status should be developed.
• To stem the flow of illegal migration, new temporary worker programs should be considered that would recognize economic realities and protect the labor rights of immigrants. Since many illegal entrants have no desire to immigrate permanently to the United States, a well-designed temporary worker programs would facilitate commerce while reducing a major cause of illegal entry and the associated deaths on the U.S-Mexico border.
• To prevent unfair treatment of family members waiting in long backlogs for visas to become available and to eliminate an incentive for illegal migration, the availability family preference visas should be expanded.
• In order to ensure that resources are available to identify and deport terrorists and others who endanger our country, security screening should be an important part of comprehensive immigration reform. Resources should be focused on removing terrorists, not on deporting millions of undocumented migrants who are working, paying taxes, raising families and making other significant contributions to the United States. Procedures should be developed to screen all migrants who apply for any newly created immigration status; those who are found to be a threat to national security - as well as those who refuse to apply for the program - should be the primary targets for removal.

Following are the major immigration reform proposals pending in the 109 th Congress:

• Create a national strategy for border security and enhanced border intelligence. The Secure America Act mandates the development and implementation of plans for information-sharing, international and federal-state-local coordination, technology, anti-smuggling, and other border security initiatives. The legislation also authorizes the development of a Border Security Advisory Committee made up of various stakeholders in the border region to provide recommendations to the Department of Homeland Security regarding border security and enforcement issues. Further, it requires the Secretary of State to provide a framework for better management, communication and coordination among the governments of North America, establishing a North American security perimeter and improving border security south of Mexico.

• Establish a break-the-mold new essential worker visa program (the H-5A visa). The H-5A visa would be portable, valid for 3 years, and renewable one time for a total of 6 years. At the end of the visa period the worker would have to return home or be in the pipeline for a green card. In the first year, the visa would be capped at 400,000, with the annual limit gradually adjusted based on demand in subsequent years. Applicants for the H-5A visa must demonstrate the availability of a job in the U.S., pay a $500 fee in addition to application fees, and clear thorough security and health checks. Employers may sponsor the H-5A worker for permanent residence or, after 4 years of work in H-5A status, workers may self-petition to adjust their status. The bill also sets forth employer obligations and worker protections and an enforcement scheme to deal with violations of these provisions. In addition, the bill creates a task force to evaluate the H-5A program and recommend improvements, and requires updating America’s Job Bank to ensure that American workers are the first to see posted job opportunities.

• Promote family unity and reduce backlogs. The Secure America Act exempts immediate relatives of U.S. citizens from the 480,000 annual cap on family-sponsored immigrant visas and reallocates the family-sponsored numbers. The legislation increases the number of employment-based visas from 140,000 to 290,000 per year, reallocating the distribution of those numbers and providing for the recapture of unused numbers, and increases the per-country limits for both family- and employment-based immigrants. The bill would also lower the income requirements for sponsoring a family member from 125% of the federal poverty guidelines to 100%.

• Provide a path to permanent residence for undocumented immigrants who have good moral character and have been working in the U.S. The bill would permit eligible undocumented immigrants present in the U.S. on the date of the bill’s introduction to apply for temporary nonimmigrant (H-5B) status with an initial period of stay of 6 years. Under this program, applicants would be required to undergo criminal and security background checks, submit fingerprints and other data, pay a fine, and establish a previous work history in the U.S. Spouses and children would also be eligible for legal status. The bill provides a subsequent mechanism by which H-5B nonimmigrants and their spouse and children could adjust to permanent residence status after meeting a prospective work requirement, paying a fine, and fulfilling additional eligibility criteria.

• Seek to protect individuals from immigration fraud. The legislation defines who is an authorized representative for purposes of representation in an immigration matter and provides eligibility for “U” nonimmigrant status for certain individuals who have suffered substantial harm at the hands of an unauthorized representative.

• Create new enforcement regimes. The Secure America Act requires all new visas issued by the Secretary of State and immigration-related documents issued by the Secretary of Homeland Security to be biometric, machine-readable and tamper-resistant, within 6 months of the bill’s enactment. The bill mandates the establishment of a new Employment Eligibility Confirmation System which would gradually replace the existing I-9 system. It also amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to provide for the collection of biometric machine-readable information from an alien’s immigration-related documents upon arrival and departure from the U.S. to determine the alien’s status. Lastly, the Secure America Act broadens the Department of Labor’s investigative authority to conduct random audits of employers to ensure compliance with labor laws, and includes new worker protections and enhanced fines for illegal employment practices.

• Promote circular migration patterns. The Secure America Act authorizes the establishment of programs with foreign governments whose citizens participate in the new temporary worker program to facilitate the flow of foreign nationals to jobs in the U.S., with an emphasis on encouraging the re-integration of foreign nationals returning to their home countries and encouraging the U.S. government to work with Mexico to promote economic opportunities in Mexico to reduce migration pressures and costs.

Note: the following bills are important to the discussion on immigration reform; however none is comprehensive in its scope.

• Promote a "Mandatory Departure" Program for Undocumented Workers. The CEIRA would authorize DHS to grant “Deferred Mandatory Departure” (DMD) status to undocumented immigrants who have resided in the U.S. illegally during the year prior to the enactment of the legislation. A person granted DMD status—which can be valid for no longer than 5 years and includes numerous evidentiary requirements, a mandatory interview, and security and health screenings —would be required to depart the U.S. when his or her DMD status expires. An immigrant who remains in the U.S. under DMD status is subject to increasing fines with each year he or she is present, starting at $1000 and increasing to $5000 in the fifth year. An immigrant in DMD status must work in the U.S. for an employer specifically authorized by the U.S. government to hire DMD holders; family members of individuals in DMD status may not work. A person who does not find work within 30 days of receiving DMD status must depart the U.S. An individual who departs the U.S. before their DMD status expires would not be subject to the 3- and 10-year bars to admission and may immediately seek readmission as an immigrant or nonimmigrant. Failure to depart would result in a fine and would bar the person from any immigration benefit for ten years. The CEIRA contains no provisions for legalization of undocumented migrants in the U.S.

• Create a Two-Year Temporary Worker Category. A new “W” temporary worker category would be valid for a period of up to two years, renewable twice for up to 6 years (but the worker would be required to return to his or her home country for at least one year before renewing the visa).Family members may not accompany the “W” worker and may visit the worker for no more than 30 days per year. There is no prevailing wage requirement and “W” workers may be used to replace U.S. workers on strike. Home countries would be required to sign a bilateral agreement with the U.S. guaranteeing health coverage, cooperation in controlling illegal immigration, accepting deportees, and giving the U.S. access to databases before nationals may obtain W visas. Any citizen of a country that does not cooperate in accepting deportees may be denied admission to the U.S. The bill contains no provisions addressing workers’ rights. “W” workers’ social security taxes would be held in a special account, with the worker’s contributions returned only after the worker departs the U.S. and abandons his or her W visa status.

• Increase enforcement and sanctions. CEIRA would add 10,000 agents for worksite enforcement and 1,000 agents to detect application fraud. It would increase fines for employers that hire undocumented workers. The bill would expand expedited removal throughout the land border, add 10,000 new border patrol agents and 1,250 agents to staff the ports of entry, and increase the bond amount for immigrants from noncontiguous countries apprehended in the U.S. Harsher consequences for visa overstays would be imposed. CEIRA would also add 10,000 new detention beds, 250 new immigration judges, 500 DHS trial attorneys, and 250 immigration litigation attorneys in the Attorney General’s office over five years. $5 billion would be allocated over five years for unmanned planes, cameras, poles, sensors, and other technologies to achieve “operational control” of the borders, and DHS is required to request the transfer of closed military bases under the Defense Base Closure Realignment Act to use for immigration detention.

• Authorizes state and local authorities to assist in enforcing federal immigration law. CEIRA states that state and local law enforcement have the “inherent authority” to “investigate, identify, apprehend, arrest, detain, or transfer” aliens for the purpose of “assisting in” enforcing—as opposed to “enforcing”—federal immigration law. The bill declares state and local statutes, policies, and practices that prohibit state and local employees from reporting undocumented migrants to the federal authorities to be illegal.