Bush unveils his immigration reform plan

On Wednesday, January 7, 2004, President Bush outlined his immigration reform plan, which would create a "new temporary worker program to match willing foreign workers with willing U.S. employers when no Americans can be found to fill the jobs. The program would be open to new foreign workers, and to the undocumented men and women currently employed in the U.S. This new program would allow workers who currently hold jobs to come out of hiding and participate legally in America’s economy while not encouraging further illegal behavior."

The goal of this immigration reform plan includes promoting compassion for unprotected workers; providing incentives for temporary workers to return to their home countries and families; and protecting the rights of legal immigrants, while not unfairly rewarding those who came to the U.S. unlawfully (or hope to do so).

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

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. It would also allow foreign workers to receive credit in their own country’s retirement system for the time they worked in the U.S., and would support the creation of tax-preferred savings accounts, so aliens could collect when they return to their native countries.

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

Answer: 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.), as long as they are not given an unfair advantage over people who have followed legal procedures from the start.

4. How can an employer determine that a job cannot be filled by an American worker?

Answer: Before an alien would be qualified to work for the employer, the employer would have to make every reasonable effort to find an American to fill a job, before extending job offers to foreign workers. The White House anticipates that the program would include: A website that would list available jobs and authorized workers; a simple process for employers to establish that they have been unable to find American workers; the requirement that the employer report when foreign workers enter and leave their employment; and strong audit and penalty provisions to ensure that both the employer and workers are following the rules.

5. 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.

6. 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.

7. Will there be any fee to apply for this program?

Answer: Yes. There will be a one-time fee to register in the program (in an amount yet to be determined).

8. If the program does not allow workers to remain permanently in the U.S., what incentives are there for illegal aliens to come forward?

Answer: While under this program, the worker will be able to live and work legally and openly, without fear of deportation. It will also bring about improved working conditions, the ability to travel to and from their home country, and the opportunity to negotiate salary and benefits, receive training, and to move to another employer who is participating in the program.

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 an official law. However, it is important that, with any immigration law (especially new ones) that you consult with a reputable attorney, to determine your eligibility for such immigration benefits.

Michael J. Gurfinkel has been a licensed attorney in California and New York for over 23 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.

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WEBSITE: www.gurfinkel.com

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