|  FILIPINOS
HAVE A STAKE IN PRESIDENTIAL ELECTION
BECAUSE OF IMMIGRATION
by Michael J. Gurfinkel, Esq.
In the upcoming presidential election, Filipinos
want to know where the candidates stand on the issue of immigration.
In the last presidential debate, Republican George Bush and Democrat
John Kerry gave a glimpse of their respective immigration policies.
In essence:
- Bush is opposed to any kind of amnesty, and instead wants
a “temporary worker” program, that will not necessarily
lead to a green card.
- Kerry favors an amnesty (or earned legalization program)
for people who have been in the U.S. for a long time, paid taxes,
etc., which could eventually result in getting a green card
and U.S. citizenship. He promised these immigration reforms
within 100 days of becoming president.
Here is how the candidates summarized their immigration
policy:
BUSH: “I see (immigration)
as a serious problem. I see it as a security issue. I see it as
an economic issue, and I see it as a human rights issue…
In order to make the borders more secure,
I believe there ought to be a temporary worker card that allows
a willing worker and a willing employer to mate up, so long as
there’s not an American willing to do that job… I
don’t believe we ought to have amnesty. I don’t think
we ought to reward illegal behavior. There are plenty of
people standing in line to become a citizen. And we ought not
to crowd these people ahead of them in line… My opponent
and I differ. In September 2003, he supported amnesty for illegal
aliens.”
KERRY: “The president broke
his promise on immigration reform. He said he would reform it.
Four years later, he is now promising another plan… We need
a guest-worker program, but if it’s all we have, it’s
not going to solve the problem… We need to crack down on
illegal hiring… We need an earned
legalization program for people who have been here for a long
time, stayed out of trouble, got a job, paid their taxes, and
their kids are American. We got to start moving them toward full
citizenship, out of the shadows.”
The following is a comparison of Kerry’s proposal
(as outlined by the American Immigration Lawyers Association (AILA),
and Bush’s plan (as summarized by the Los Angeles Times):
1. On the legalization
of illegal immigrants:
Kerry:
Kerry’s plan is very similar to a bill filed
by Democrats in Congress on May 4, 2004, entitled the Safe, Orderly,
Legal Visas and Enforcement Act (SOLVE) of 2004, which would offer
permanent resident status (green cards) to those aliens who have
been in the U.S. at least five years
from a given date, can prove they have worked
at least 24 months (two years), demonstrate
English proficiency, and have passed
criminal background and medical
checks. The principal applicant's spouse and unmarried
children under 21 are also eligible. Applicants will be able to
travel and work with authorization,
while the application is pending. Applicants in the U.S. on the
date of the program’s introduction, 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 given
work permits and travel abroad. After 2 additional years of work
in aggregate, they, too, can adjust their 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. The temporary worker card
would be good for three years, renewable for another three years,
and will allow them to travel back and forth between their home
country and the U.S., and cardholders can bring in their family,
but the principal worker must 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.
2. On family
reunification and backlog reduction:
Kerry:
Immediate relatives of both citizens and permanent
residents (i.e. spouse and children under 21 years of age) will
be exempted from counting towards the 480,000 ceiling (or quota)
on family-based immigrant visas. 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 would be reduced
from 125% to 100% of the poverty level. The 3- and 10-year bars
to re-entry would be repealed.
Bush:
There will be a reasonable increase in legal immigration.
The U.S. now admits about 1 million legal immigrants every year.
3. Enforcement:
Kerry:
No major new enforcement initiatives
Bush:
His plan would increase enforcement against employers
who continue to hire illegal workers.
These, in essence, are the contrasting approaches
of Bush and Kerry to immigration issues. We hope that millions
of Filipino-Americans qualified to vote in the November 2, 2004
elections would register now and vote.
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