1. What are the general eligibility requirements for people for legalization?
At the heart of the Senate bill is a broad yet stringent legalization program that will put most of the 11 million undocumented immigrants on the road to eventual citizenship. The bill provides for a several step legalization program that first allows people to apply for “Registered Provisional Immigrant” (RPI) status and then, after 10 years, for lawful permanent resident status, and then after 3 more years, for U.S. citizenship.
Eligibility requirements include passing criminal and security background checks and establishing continuous physical presence in the United States since before December 31, 2011. Departures of less than 180 days during that period do not constitute breaks in physical presence. Certain criminal convictions (1 felony or 3 separate misdemeanors) and other grounds of inadmissibility render applicants ineligible for legalization.
Applicants must pay a penalty fine of $500 at the time of initial application, another penalty fine of $500 at the time of renewal of RPI status, and then a $1,000 penalty fine at the time of adjustment to permanent status. Processing fees for adjudication of the applications apply at each of 4 stages on the road to citizenship—initial application, renewal of RPI status after 6 years, application for lawful permanent resident status after 10 years, and application for citizenship after 3 additional years (if desired).
A person may remain in in RPI status and renew it every 6 years if they so desire. At the time of RPI renewal and/or application for permanent residence, the applicant must demonstrate that they have maintained regular employment or education, payment of taxes, and the ability to support oneself. At the time of application for adjustment to lawful permanent resident status, applicants must demonstrate that they are learning English and have a knowledge of civics.
Persons who have final orders of removal, or who have previously reentered the U.S. after a prior removal or voluntary departure are eligible to apply for RPI status. In addition, certain people previously deported for non-criminal grounds and who have a spouse, parent, or child USC or LPR in the United States or who would be eligible for the DREAM Act, are eligible to apply for a waiver to reenter the United States in order to apply for legal status. Persons who entered the United States on a valid visa and then overstayed are eligible, provided they have been in unlawful status since December 31, 2011.
Individuals who receive PRI status can work legally in the United States and travel outside the country. Their minor children, if present in the United States, can be included in their application.
Individuals with PRI status are not eligible for means-tested federal public benefits nor for subsidies or tax credits under the Affordable Care Act.
2. What will happen to people in current visa backlogs?
The Senate bill eliminates the entire family and employment-based visa backlogs within 8 years. All of the people who are currently in the visa backlogs, waiting for their “priority date” to become current, will obtain lawful permanent resident status before the newly legalized RPI’s can obtain permanent status.
3. Will the border enforcement “triggers” delay the legalization program?
The border enforcement triggers should not delay the initial RPI legalization program. The “triggers” require the Secretary of Homeland Security to submit, within 6 months of enactment, two plans. The first is a strategy to achieve a 90% effective rate goal in high risk sectors of the Southern border. The second is a fencing plan designed to reinforce current fencing and barriers. The initial legalization program does not begin until these plans are submitted. The legalization program also will not begin until implementing regulations are issued – within 12 months after enactment of the bill.
If, after five years, the 90% effectiveness rate in high risk sectors has not been achieved, an additional pool of resources will be authorized for appropriation and a commission of experts and elected officials from border states will be formed. The border commission will issue recommendations to DHS regarding additional measures that should be adopted to help reach the 90% effectiveness rate goal.
Two other enforcement “triggers” that have to be met before RPIs can apply for permanent residence involve implementation of the E-Verify program and entry-exit controls at air and sea ports. Both of these triggers are achievable and should not delay the path to permanent residence.
4. What about family members…spouses/kids of LPRs, siblings, LGBT partners, adult married kids?
The Senate bill provides for increased family unity by categorizing spouses and minor children of lawful permanent residents as “immediate relatives” for immigration purposes. This means that these family members are not subject to any numerical limitations. That, in turn, frees up visas for the other family categories, which will limit the size of any new backlogs that may develop in those categories in the future.
The bill will phase out the U.S. citizen sibling visa category and diversity visas. But all U.S. citizens with sibling petitions currently pending will be able to complete their sponsorship and new petitions may be filed for another 18 months. After that point, siblings still will be eligible for a new “merit based visa” and will receive eligibility points based on their family relationship. They will also be authorized to travel to the United States as visitors for two-month periods each year.
The adult married children visa category will be limited in the future to those who are under 31 years of age.
The bill does not provide for family visas for LGBT “permanent partners.” This provision will have to be added to the bill through the amendment process.
5. What about DREAMERS, what happens to them?
DREAMERs can earn permanent legal status within five years, and are then immediately eligible to apply for U.S. citizenship. DREAMERs who have been previously deported may still be eligible to apply for legal status if they meet certain requirements, even if they don’t have a qualifying U.S. relationship
6. What other changes does the bill make to the employment-based visa programs?
Farmworkers are eligible for an expedited five year path to permanent legal status and then eventual citizenship under current law. In order to qualify, among other things, they must continue working in the agricultural sector for an additional 3-5 years post-enactment.
Other essential workers may apply for a new “W” worker visa which will allow them to enter and work in the U.S. for participating employers, change jobs to other W employers, and eventually self-petition for lawful permanent status under the new merit based program.
Both the W visa program and the new agricultural worker program are subject to important standards for wages and working conditions, negotiated by labor to protect both immigrant and native-born workers.
Finally, there are new protections against employers using immigration status to intimidate workers and to prevent international recruiters from misleading or otherwise mistreating those they bring to the U.S.
7. What about people who had TPS or DED?
People who have been in the United States in lawful or employment authorized status, including TPS or DED, for at least ten years are eligible to apply for lawful permanent residence. This will allow people in these statuses who have already been here for more than ten years to adjust status immediately, instead of waiting another ten years.
8. Are there any changes to the asylum and refugee programs in this bill?
The Senate bill provides important improvements to asylum and refugee programs, including the elimination of the arbitrary one-year filing deadline.
9. What about other enforcement measures, such as E-Verify?
The bill includes a mandatory, universal employment verification program, E-Verify. The program includes new due process and privacy protections, and is phased in over a period of five years until it includes all U.S employers.
10. When will this bill become law? What is the process? When can people begin to apply for legalization?
The Senate bill must first move through a process of approval in the Senate Judiciary Committee, where it will be subject to amendment from both Republicans and Democrats on the committee. The bill will then go to the whole Senate for debate and amendment and a final vote. The House must also pass an immigration bill.
If the House and Senate bills are not identical, the two bills will usually go to a House/Senate “conference committee” where further changes will be made as the differences between the two bills are worked out. The final bill agreed-upon by the conference committee must sent back to both the House and Senate for final votes, and only then can the bill be signed into law by the President.
Once the bill is signed into law, there will be a one-year period in which regulations will be written to implement the bill. The application period for the new legalization program will begin one year after the bill is signed into law, and applicants will have one year to apply. The DHS Secretary can extend the application period for an additional eighteen months if necessary.
During the year it will take to finalize the regulations after bill enactment, and through the one or two-and-a-half year application period, individuals who are eligible for legalization will be protected from deportation.
No one can apply for legalization before the program application period begins, one year after the bill is signed into law. Individuals should not pay anyone to prepare or file their application unless and until the official application period begins. Information and deadlines will be posted on various government and non-profit organization websites.
“We applaud the bipartisan Senate committee for their tireless work in negotiating and drafting commonsense immigration reform legislation which includes a pathway to citizenship,” said Javier Morillo, President of SEIU Local 26. The majority of Americans believe immigration is good for our country but say the current system is just not working. Our country needs a commonsense process now for new American immigrants to become citizens.”
The bill – which was delayed this week due to the Boston Marathon bombings – was introduced this morning in Washington D.C. Leaders who worked on the bill are expected to hold a press conference tomorrow in D.C. to discuss the bill. Discussion in the Senate Judiciary committee could begin as early as Friday. Senators Al Franken and Amy Klobuchar both sit on that committee.
“This bill is a good starting point, and we look forward to working with Senators Franken and Klobuchar on improving it,” said Jigme Ugen, executive vice president of SEIU Healthcare Minnesota. “We thank Senators Franken and Klobuchar for their support and urge them to be vocal leaders on an issue that impacts all Minnesotans, regardless of immigration status.”
SEIU will work with local business, faith and immigrant communities to address some concerns with the bill, including the length of the citizenship pathway, along with restrictions and a cut-off date that would leave hundreds of thousands out of the process.
“A pathway that lasts 13 years is unreasonable and unjust,” said Carol Nieters, Executive Director of SEIU Local 284. “It should be substantially shortened so all aspiring immigrants have a chance to become a full part of the American dream in a reasonable amount of time. We must expand the number of people eligible for the path to citizenship. The cut-off date and other restrictions including family classifications will tear apart hundreds of thousands of families.”
“Immigration reform must seek to keep families together,” said Morillo. “And that includes LGBT families. The current bill provides no recognition of LGBT families. Our nation was founded upon the very powerful idea that in this land, all people have rights. No matter what you look like, where you come from or who you love – everyone should get a fair shot at life, liberty and the pursuit of happiness.”
SEIU has been a leader in the immigration debate for years and Minnesota’s lavender caucus has been influential in issues surrounding LGBT families, including the effort to pass bills granting the freedom to marry in Minnesota.
“These Minnesotans – just as all new American immigrants – contribute to our communities, our society and our economy,” said Ugen. “As an immigrant myself, I came to America to pursue a better life and the opportunity America promises. We must act now to bring the 11 million aspiring citizens out of the shadows.”
Rally in downtown Minneapolis held in solidarity with events organized in Washington D.C. and throughout the country
MINNEAPOLIS, Minn. (April 10, 2013) — Leaders of Minnesota’s faith, business, legal and labor communities came together in downtown Minneapolis this afternoon to tell Congress that America needs commonsense immigration reform and a pathway to citizenship. They gathered to thank U.S. Senators Klobuchar and Franken for their support and urge them to be vocal leaders on an issue that impacts all Minnesotans, regardless of immigration status.
A majority of Americans believe immigration is good for our country but say the current system is just not working. Minnesota is in a unique position to create lasting, positive reform as both Senators Franken and Klobuchar are on the crucial Judiciary Committee, which will hear the bill before a general vote.
Across the country, groups are organizing more than 50 events throughout the week, culminating Wednesday with a rally of tens of thousands outside the U.S. Capitol. These events will bring attention to the need for commonsense reform, with a reasonable (more…)
Local Civil, Immigrants and Labor Rights Groups Announce Coalition to Support President’s Immigration plan
Saint Paul, MN – Civil, immigrants, and labor rights leaders representing a broad range of Minnesotans gathered today at the State Capitol to unveil a Minnesota mobilization campaign to support commonsense immigration reform. This comes just a day after President Obama announced his plan for immigration reform.
“We are a nation of immigrants who all do our part to (more…)
Contact: Kate Brickman, Media Relations Coordinator
Phone Number: 612-460-1219
Local Civil, Immigrants and Labor Rights Groups Respond to President’s Immigration Speech
Mobilization Campaign for Commonsense Immigration Reform Begins
Saint Paul, MN – On Wednesday, January 30 at 12:30 p.m., local civil, immigrants and labor rights leaders will come together at the State Capitol to stand in support of President Obama’s legislative proposal for immigration reform.
Congressman Keith Ellison will join SEIU Local 26 President Javier Morillo and other local leaders in unveiling their united campaign to call on Congress to pass commonsense immigration reform in 2013. The groups will announce plans to contact lawmakers and hold rallies in April across the nation, leading up to a mass demonstration on April 10 at the U.S. Capitol, where tens of thousands of marchers will gather.
National polls demonstrate an across-the-aisle support for a real and lasting solution to repair the country’s immigration system. As immigration reform rises to the top of the Obama Administration’s legislative agenda, 2013 is undoubtedly the year for Congress to pass a commonsense immigration reform with a clear roadmap to citizenship.
Local leaders respond to President’s Immigration Speech
Wednesday, January 30
Room 125, Minnesota State Capitol
75 Rev. Dr. Martin Luther King JR. Blvd | St. Paul, MN
Congressman Keith Ellison
Javier Morillo – President, SEIU Local 26
Leaders from Asembleas de Derechos Civiles, Centro Campesino, ISAIAH, Latino Communications Network, Minnesotans for a Fair Economy, MN Immigrant Law Center, SEIU Healthcare MN, SEIU MN State Council, UFCS Local 1189
For decades, the traditional logic has held that unions and migrant labor don’t mix.
Cesar Chavez, the Mexican American labor hero, opposed the use of undocumented immigrants as “scabs” and even had union members form a “wet line” at border crossings to intimidate Mexican workers crossing into the U.S.
But there are indications that labor unions are now onboard with comprehensive immigration reform. And after they split over reform in 2007, the two biggest union groups, the AFL-CIO and Change to Win, have agreed to a common set of principles.
Unions have plenty of reasons to support reform, according to a recent article in Talking Points Memo. Immigration reform would boost pay for low-wage workers, and that could lead to increased union enrollment. And many unions have undocumented immigrants members, like the Service Employees International Union (SEIU), which represents workers in fields like home healthcare and janitorial services.
Click here to read the original article by Univision “Where Do Unions Stand on Immigration Reform?”
SEIU Working to Keep Congress on the Road to Immigration Reform
Congress is getting ready to debate comprehensive immigration reform.
Members of Congress are discussing the issue behind closed doors and the White House is polishing its principles for public release. As the new Congress took office last week, the talk in Washington — besides the politically created fiscal crisis — was immigration (more…)