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Opinion

Filipinos have a stake in presidential election because of immigration

IMMIGRATION CORNER - Michael J. Gurfinkel -
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:

1.
Bush is opposed to any kind of amnesty, and instead wants a "temporary worker" program, that will not necessarily lead to a green card.

2.
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 percent to 100 percent 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.
* * *
WEBSITE: www.gurfinkel.com

Four offices to serve you: LOS ANGELES: (818) 543-5800; SAN FRANCISCO: (650) 827-7888; NEW YORK: (212) 808-0300; PHILIPPINES: 894-0258 or 894-0239.

AMERICAN IMMIGRATION LAWYERS ASSOCIATION

BUSH

BUSH AND KERRY

IMMIGRATION

IN SEPTEMBER

KERRY

LEGAL VISAS AND ENFORCEMENT ACT

LOS ANGELES TIMES

REPUBLICAN GEORGE BUSH AND DEMOCRAT JOHN KERRY

YEARS

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