BUSH REVIVES PLAN TO LEGALIZE ILLEGAL ALIENS
by Michael J. Gurfinkel, Esq.

Just two weeks after reelection, President Bush has moved to implement his plan to legalize millions of illegal immigrants in the U.S., through a guest worker program.

Bush’s plan would create a “new temporary worker program to match willing workers with willing U.S. employers when no American can be found to fill the jobs.”

Here are some of the key points of Bush’s plan, based on a White House Fact Sheet and FAQ’s issued on January 7, 2004:

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.

3. Will an alien be able to obtain a greencard or eventually citizenship through this program?

Answer: Unfortunately, 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).

4. 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.

5. 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.

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 law. The proposal is expected to meet stiff opposition from House Republicans, who have called the plan an amnesty.

“An amnesty by any other name is still an amnesty. Their amnesty plan was dead on arrival when they sent it to Congress in January, and if they send the same pig with lipstick back to Congress in January, it will suffer the same fate.” said Rep. Tom Tancredo, a Colorado Republican, who is chairman of the Congressional Immigration Reform Caucus.

The Bush plan offers illegal immigrants some hope, but with the strong opposition it will face in Congress, it is important that people do not pin all their hopes on its approval. It is better that they consult now with a reputable attorney, to determine their eligibility for other immigration benefits.

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