|  BUSH
UNVEILS HIS IMMIGRATION REFORM PLAN
by Michael J. Gurfinkel, Esq.
On Wednesday, January 7, 2004, President Bush outlined his immigration
reform plan, which would create a “new temporary worker
program to match willing foreign workers with willing U.S. employers
when no Americans can be found to fill the jobs. The program would
be open to new foreign workers, and to the undocumented men and
women currently employed in the U.S. This new program would allow
workers who currently hold jobs to come out of hiding and participate
legally in America’s economy while not encouraging further
illegal behavior.”
The goal of this immigration reform plan includes
promoting compassion for unprotected workers; providing incentives
for temporary workers to return to their home countries and families;
and protecting the rights of legal immigrants, while not unfairly
rewarding those who came to the U.S. unlawfully (or hope to do
so).
Here are some of the key points of Bush’s
plan, based on a White House Fact Sheet and FAQ’s:
1. What are some of the key points
of this program?
Answer: This program will offer temporary worker
status to undocumented aliens who are now employed in the U.S.,
and to those in foreign countries who have been offered employment
in the U.S. The legal status would expire after three years (with
the ability to be renewed). These temporary workers must then
return to their home country after the expiration of their authorized
work period, or apply for a green card under existing law. Senior
Administration officials emphasized that, as for undocumented
aliens already in the U.S., they “have to be employed as
of this moment.”
2. What are
some of the other incentives or advantages to this proposed law?
Answer: Among the incentives to be included in this
proposed law would be the ability for the alien to go home to
visit family without concern. It would also allow foreign workers
to receive credit in their own country’s retirement system
for the time they worked in the U.S., and would support the creation
of tax-preferred savings accounts, so aliens could collect when
they return to their native countries.
3. Will an alien
be able to obtain a greencard or eventually citizenship through
this program?
Answer: The President’s proposal would not
put these temporary workers on the path to a greencard and/or
citizenship. However, the plan would not preclude a participant
from obtaining green card status through existing processes (such
as Labor Certification, family petition, etc.), as long as they
are not given an unfair advantage over people who have followed
legal procedures from the start.
4. How can an employer determine
that a job cannot be filled by an American worker?
Answer: Before an alien would be qualified to work
for the employer, the employer would have to make every reasonable
effort to find an American to fill a job, before extending job
offers to foreign workers. The White House anticipates that the
program would include: A website that would list available jobs
and authorized workers; a simple process for employers to establish
that they have been unable to find American workers; the requirement
that the employer report when foreign workers enter and leave
their employment; and strong audit and penalty provisions to ensure
that both the employer and workers are following the rules.
5. Can I travel in and out of the
U.S. under this program?
Answer: Yes. Participants in this program would
be issued a temporary worker card that will allow them to travel
back and forth between their home country and the U.S. without
fear of being denied re-entry into the U.S.
6. Will family
members of aliens participating in this program be able to live
in the U.S.?
Answer: Yes. However, the principal worker would
be required to prove that he or she can support family members
while they are in the U.S. Family members will not
be authorized to work, unless they also join the program themselves.
7. Will there
be any fee to apply for this program?
Answer: Yes. There will be a one-time fee to register
in the program (in an amount yet to be determined).
8. If the program
does not allow workers to remain permanently in the U.S., what
incentives are there for illegal aliens to come forward?
Answer: While under this program, the worker will
be able to live and work legally and openly, without fear of deportation.
It will also bring about improved working conditions, the ability
to travel to and from their home country, and the opportunity
to negotiate salary and benefits, receive training, and to move
to another employer who is participating in the program.
We expect more details of Bush’s program to
come out in the future, and we will keep you posted. Please note
that this is still a proposal.
It is not yet an official law.
However, it is important that, with any immigration law (especially
new ones) that you consult with a reputable attorney, to determine
your eligibility for such immigration benefits.
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