April 12, 2006
Ask Your Senators to Support Comprehensive Immigration Reform
THE ISSUE AT HAND
April 10, 2006, marked the “National Day of Action for Immigration Justice,” the latest multi-city march in opposition to enforcement-only immigration legislation recently passed by the House of Representatives and referred to the Senate, the “Border Protection Anti-Terrorism and Illegal Immigration Control Act of 2005” (H.R.4437). In the past few weeks, over a million immigrants and their allies have held marches in Atlanta, Milwaukee, Tennessee, Chicago, Denver, Phoenix, Indianapolis, Washington, Los Angeles and elsewhere. In Los Angeles alone, at least 500,000 people marched through the streets of downtown. The Senate is currently considering several competing immigration proposals that contain varying degrees of enforcement and punishment provisions, as well as differing levels of opportunities for immigrants to gain legal status. The widespread public outcry and grassroots mobilization throughout America appear to have played a pivotal role in shifting the political debate. Elected officials are also aware that many of their constituents plan to take this issue into account when voting this year (General Election Day is Tuesday, November 7, 2006).
Though the nation’s immigration system is extremely flawed and in need of reform, reactionary proposals that would further exploit the most vulnerable among us do not constitute a responsible solution. NASW joins in solidarity with those who understand that it is possible to strengthen national security without sacrificing the American values we hold dear, such as civil rights, labor standards, and human dignity.
ACTION NEEDED
Contact your Senators during their April recess (April 10-21) to encourage them to replace the current patchwork of immigration laws and procedures with a fair, equitable, and comprehensive national plan that – at a minimum – includes:
- A commitment to basic human rights and civil liberties for all individuals;
- Respect for due process and the right to appeal alleged immigration violations;
- Humanitarian measures and enforcement to prevent human trafficking and abuse;
- Access to public education for children living in this country irrespective of their immigration status;
- Attention to family reunification and reduction of the family immigration backlog;
- Pathways for legal work and earned citizenship;
- The elimination of anti-immigrant discrimination and racism in employment practices;
- Immunity from deportation for substantiated reports of severe employment abuses against immigrants; and
- The restoration of a safety net of social and medical services for legal immigrants.
Send a pre-drafted letter to your Senators about this critical issue from http://www.socialworkers.org/advocacy/grassroots/congressweb.asp.
Call your Senators through the Capitol Switchboard (202-224-3121).
BACKGROUND
House Activity
On December 6, 2005, Representative Jim Sensenbrenner (R-WI) introduced the “Border Protection Anti-Terrorism and Illegal Immigration Control Act of 2005” (H.R.4437). The bill emphasizes enforcement mechanisms and contains a number of punitive and extreme provisions, including: calling for the construction of 700 miles of fencing along the U.S.-Mexico border; imposing sanctions on those who assist or hire undocumented immigrants; declaring undocumented immigrants felons; eliminating judicial review of visa revocation; and offering immigrants neither lawful employment nor a route to citizenship. Despite fervent opposition, the bill garnered 35 co-sponsors and passed the House of Representatives on December 16, 2005, by a vote of 239-182. H.R.4437 was referred to the Senate Judiciary Committee on January 27, 2006.
Senate Judiciary Committee Activity
The Senate is moving beyond H.R.4437 by attempting to create a broader compromise solution to address both border security and the fate of the approximately 12 million undocumented immigrants already here. On March 27, 2006, the Senate Judiciary Committee completed the markup of Chairman Arlen Specter’s (R-PA) proposed immigration legislation (the Chairman’s mark) entitled the “Comprehensive Immigration Reform Act of 2006.” By a vote of 12-6, the Committee reported the bill as amended to the Senate floor.
The Senate Judiciary Committee accepted amendments by Senators Lindsey Graham (R-SC) and Ted Kennedy (D-MA) to provide a path to citizenship for undocumented workers with certain conditions. Sen. Kennedy also successfully sponsored an amendment to establish a temporary worker program that includes protections for U.S. workers. The legalization and temporary worker provisions inserted into the Judiciary Committee bill were elements of the “Secure America and Orderly Immigration Act” (S.1033) introduced in 2005 by Senators John McCain (R-AZ) and Kennedy. Sen. Dick Durbin (D-IL) improved the Chairman’s mark by striking language that would criminalize unlawful presence in the U.S. and by creating a limited humanitarian exception for provisions that would penalize some assistance to undocumented immigrants through the bill’s expanded definition of “alien smuggling.” The measure was also amended to include provisions to provide legal status for certain undocumented students (the DREAM Act) and agricultural workers (AgJOBS) via amendments offered by Senators Durbin and Dianne Feinstein (D-CA), respectively. A collection of Senators also made modifications to address several due process concerns.
The Committee rejected amendments by Senators John Cornyn (R-TX) and Jon Kyl (R-AZ) to require temporary workers and the formerly undocumented to return home before applying for green cards but accepted additional restrictions by Senators Jeff Sessions (R-AL) and Tom Coburn (R-OK) to expand immigration detention and allow for deportations without judicial review. Although the amended Chairman’s mark is more reasonable than H.R.4437, it still includes many harsh enforcement provisions that are of great concern to immigrants and their allies.
Senate Activity
Heated debate on immigration reform is underway in the full Senate. As the Senate Judiciary Committee markup was occurring, Senate Majority Leader Bill Frist (R-TN) threatened to invoke a rarely-used parliamentary procedure to bypass the Committee and bring his own enforcement-only bill to the Senate floor if the Committee could not complete its work by March 27th. On March 16th, although the deadline had not yet expired, Sen. Frist introduced his enforcement-only bill, the “Securing America’s Borders Act” (S.2454), which contains many punitive provisions but fails to include immigration reforms, such as a path to legal status or reduction of the family immigration backlog. By agreement with the Senate leadership, the Judiciary Committee bill was offered as a substitute for the Frist bill.
The Senate hoped to finalize their weeks of arduous negotiations before going home for the April recess. It appeared that their goal had been reached when two-thirds of the Senators, including Senators Frist and Kennedy, reached accord on a compromise plan offered by Senators Chuck Hagel (R-NE) and Mel Martinez (R-FL) on April 6, 2006; however, the delicate bipartisan agreement fell apart on the following day when Republicans and Democrats split over the number of amendments Senators could offer to the compromise bill during full floor debate. Negotiations will resume in two weeks when Congress returns on April 24, 2006.
Future Activity
If the Senate is able to pass an immigration measure after the April recess, it is expected to be a radical departure from the draconian enforcement-only measure passed by the House in December 2005. Therefore, in order to update the U.S. immigration system, Senate, House, and White House brokers will need to craft a compromise which reconciles the strong discord within the political parties and among conflicting business, labor, religious, and civil rights groups.
TIMING
Please send your letters and place your phone calls before April 24, 2006.
Social workers recognize that the immigrant rights movement is a facet of America’s long history of struggle for racial and economic justice. The safeguard of civil rights for all is a vital test of any immigration reform proposal. NASW will remain steadfast in our advocacy efforts which seek to ensure that immigration reforms not only protect national security interests but also provide a responsible, compassionate, and dignified approach to human needs. Please write and call your Senators and urge them to pass legislation that reflects the values of social work and the basic principles of this great nation.
Thank you for your advocacy.
NASW will be sending a policy update monthly through the Member Link. However, you can be updated on federal legislation as issues arise by joining NASW’s Advocacy Listserv. |
About
NASW