DEMOCRATS OFFER “SOLVE ACT” TO COUNTER BUSH’S PLAN
by Michael J. Gurfinkel, Esq.

Almost four months after President Bush unveiled his “immigration proposal” on January 7, 2004, the Democrats unveiled, in a press conference last Tuesday, May 4, 2004, their own “earned legalization” proposal that would allow millions of deserving illegal immigrants to obtain green cards, and enable them to bring close relatives into the United States.

Both the Bush and Democrat proposals would grant “selective amnesty” to some 8 to 12 million illegal aliens in the U.S. But the Bush plan would only allow the illegal immigrants to become legal temporary workers, through a “guest worker” program, with no promise of green cards or citizenship.

The following is the Democrats’ new proposal (as outlined by the American Immigration Lawyers Association (AILA)), and a comparison to Bush’s plan (as summarized by the Los Angeles Times):

1. On the legalization of illegal immigrants:

Democrats:

• The Democrats’ bill, entitled the Safe, Orderly, Legal Visas and Enforcement Act (SOLVE) of 2004, would offer 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.

• The principal applicant's spouse and unmarried children under 21 are also eligible.
  
• Grounds of inadmissibility related to undocumented status would be waived
  
• Applicants will be able to travel and work with authorization, while the application is pending
  
• The Department of Homeland Security (DHS) shall not use the applicant's information for any purpose other than to make a determination on the application, unless they have committed fraud or are a national security threat. (In other words, applications would be confidential.)
  
• Applicants in the U.S. on the date of introduction (5/4/04), but here less than five years (or without the requisite work history) would be eligible (after a thorough background check) for transitional status (TS) of 5 years. Qualifying TS immigrants would be able to work with authorization and travel abroad. After 2 additional years of work in aggregate, they, too, would be eligible for adjustment of status

Bush:

• Illegal immigrants could apply for a temporary worker card, but would have to seek green cards separately, and would get no special consideration. They would have to pass a background check and pay a registration fee. The temporary worker card would be good for three years, renewable for another three years.
  

2. On temporary workers program:

Democrats:

• Establishes worker visa programs (H-1D & H-2B) for workers in low-skilled positions (workers who qualify for other visas shall be excluded). 250,000 such visas shall be available for H-1D workers for a period of 2 years and renewable for 2 additional terms (6 years total). 100,000 such visas shall be available for H-2B workers for a period of 9 months and renewable for up to 40 months.
  
• Immediate family members may accompany the H-2B and H-1D visa holder, but will only be eligible to work if they, too, qualify for an H-2B or H-1D visa or other work visa.
  
• H-2B and H-1D programs would include a path to permanent residency, wherein an employer could immediately petition for a worker upon initial employment or a worker could self-petition after 2 years of employment.

Bush:

• No limit on number of guest workers. The plan would match willing workers with willing employers, when no U.S. worker could be found for the job. Guest workers could bring their immediate family, and workers would be covered by U.S. wage and workplace safety laws. Workers could save money in tax-sheltered accounts to build a nest egg for their return to their home country. They would get credit for Social Security contributions.

3. On family reunification and backlog reduction:

Democrats:

• Immediate relatives will be exempted from counting towards the 480,000 ceiling (or quota) on family-based immigrant visas. This would include immediate relatives of permanent residents
  
• Immigrants waiting more than five years for visas would be allocated a visa outside the per-country limits or quota of their home country.
  
• Unused family-based visas in any given year would be "recaptured" or rolled-over and applied to future years, without per-country limitations
  
• The income test for the affidavit of support shall be reduced from 125% to 100% of the poverty level
  
• The 3- and 10-year bars to re-entry shall be repealed

Bush:

• His plan would seek what Bush described as a reasonable increase in legal immigration. The U.S. now admits about 1 million legal immigrants every year.

4. Enforcement:

Democrats:

• No major new enforcement initiatives

Bush:

• His plan would increase enforcement against employers who continue to hire illegal workers.

Let us bear in mind, however, these are just proposals made during an election year. Until they are made into law, I would still advise people who have not legalized their status not to place all their hopes on the proposed law, but to seek other options legally available. I suggest that they seek the advice of a reputable attorney, who can analyze their situation and help them find a way to legalize. We sincerely hope these proposals would become law, so that illegal aliens can truly share in the “American Dream”. But it would be better to act now with existing laws, if you qualify, rather than wait for these proposals to become law, or for another four years for the next presidential campaign.

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