KERRY VOWS TO PUSH “EARNED LEGALIZATION” PLAN FOR TNT’s
by Michael J. Gurfinkel, Esq.

Sen. John Kerry, the Democratic presidential candidate, pledged that within 100 days of becoming president, he would ask Congress for immigration reforms that would enable undocumented immigrants to obtain permanent resident status and establish a guest worker program for temporary labor.

Senator Kerry’s proposal for “earned legalization” was welcomed by many immigrant communities. The proposal also put the immigration issue at the center of the presidential campaign.

“Our immigration system is broken,” Kerry told a cheering audience in Arizona. “Hundreds of people seeking only a better life for their children die terrible deaths in the desert. Millions live in the shadows of our country, frightened, exploited, and often abused.”

Kerry’s stand on the immigration issue, although still lacking in specifics, is focused on the general theme that “hardworking, taxpaying, and law-abiding immigrants” should have an opportunity to become legal residents.

Under Kerry’s plan, immigrants would qualify for legal residency, the first step toward citizenship, after staying in the U.S. for five years and after close screening for security purposes. Kerry’s proposal is very similar to a bill filed in Congress on May 4, 2004 by Democrat lawmakers, which is entitled the “Safe, Orderly, Legal Visas and Enforcement (SOLVE) Act of 2004.

Under the SOLVE Act, which Kerry seems to support, offers permanent resident status (green cards) to those aliens who:

1. have been in the U.S. at least five years on the date of introduction of the bill (May 4, 2004)
   
2. can prove they have worked at least 24 months (two years)
   
3. demonstrate English proficiency, and
   
4. have passed criminal background and medical checks.

Kerry also said his first steps on the immigration issue would be to sign “in a heartbeat” two measures that have bipartisan backing in Congress, but have not won support from the Bush administration. These are the DREAM Act (Development, Relief, and Education for Alien Minors) and the AgJobs Bill, both authored by Republican senators.

The DREAM Act would allow students between the ages of 12 and 21, who have resided in the U.S. for at least five years, to apply for adjustment of status upon their graduation from high school. It is sponsored in the Senate by Sen. Orrin Hatch (R-Utah).

The AgJobs Bill, sponsored by Sen. Larry Craig (R-Idaho), would ensure rights and offer employee and environmental protections for law-abiding farm workers.

In addition to these measures, Kerry plans to:

• Allow a limited number of temporary workers into the country to work under the protection of labor laws, including wage standards, that are enjoyed by U.S. citizens; and
  
• Make it easier for immigrant families to reunite.

President Bush has also promised immigration reforms, but his plan, which has not been backed by a specific bill in Congress, would only allow the illegal immigrants to become legal temporary workers through a “guest worker” program, with no promise of green cards or citizenship.

Former California Assembly Speaker Antonio Villaraigosa, now a Los Angeles City Councilman and Kerry’s national campaign co-chairman, downplayed the Bush proposal, saying “If Bush was supportive (of immigrants), he would have pushed an earned legalization program by now. If he wanted it, it would have been done.”

With Kerry’s proposal, the presidential campaign is expected to veer towards the immigration debate in the coming weeks. The Democrats and Republicans have been trying to overdo each other in proposing immigration reforms. Let us hope that the healthy debates would result in realistic reforms for deserving illegal immigrants, who have worked hard and dutifully paid their taxes in this great country.

While we hope that the campaign promises of both camps would lead to more lenient immigration laws, I would still advise people to do something about their immigration status at this time. The political environment changes through time, and nothing is certain until a new law is enacted. A reputable attorney can help you analyze your situation, and advice you on options available to you to legalize your status.

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