SENATE PASSES CIR
The Senate voted this afternoon by a vote of 62 to 36 to pass S. 2611, a comprehensive immigration reform bill!
Unfortunately, an amendment to cap employment-based immigration passed by a narrow 51 to 47 vote. The new cap would be 650,000 but it remains unclear which employment-based spouses and children would be subject to that cap.
CLOTURE
The Senate has voted cloture on the Comprehensive Immigration Reform bill. Cloture is the process whereby debate is concluded. It is expected that the vote that passes the CIR bill should happen by the end of the week.
The bill contains the very friendly uncapped Schedule A visa provision that we have been lobbying hard for. You can read the text of the bill here.
The specific uncapped quota provision, Section 505, is here.
Assuming the bill is passed, the Senate leadership would have to meet with the House leadership in order to craft a compromise bill. This process is called conference. It will be incumbent on all of us to put pressure on both the House and the Senate to insure that Sec. 505 survive the conference. Keep checking back here to find out how you can help us get this important piece of legislation through Congress and passed into law.
NYT DISCUSSES NURSE PROVISIONS
The New York Times has just published an article that focuses on all of the negative consequences of Sen. Brownback’s amendment. The Senator’s amendment, which is presently included in the Senate’s working legislation, calls for an uncapped Schedule A visa quota until 2014. The article fails to consider all of the valid reasons for increasing the Schedule A numbers, including the US’ dire nurse shortage, the liberty interest in free movement of labor, the Filipino governments’ endorsement of the practice, the value of the remittances sent back to nurse’s native countries, and the fact that many would not go into healthcare in the first place if migration to the first world was not an option.
Fortunately other news outlets, such as CNN, are focusing on the provision that will fine employers up to $20,000 per each hired unauthorized worker. A provision that is necessary if the Senate’s effort is to be taken seriously by the House.
SENATE DEBATE
The Senate began debate this week. So far all of the debated issues have been about how the Senate wants to deal with the Enforcement piece of the puzzle. The politics of the debate compel the Senate to include a tough enforcement component as part of their Comprehensive bill.
The Senate has discussed the H-2C visa, which is aimed at migrant workers. The debate isn’t so much if it will be passed, but what the limits on the visa will be. Theoretically, the H-2C visa could be used by professional nurses, although it remains to be seen if it will be interpreted that liberally.
Sen. Kyl (R-Az), who has been in front of this issue from the start, thinks that the Senate will pass a bill by Memorial Day. At the end of the day, the entire legislation may turn on one’s definition of amnesty.
PRESIDENT’S SPEECH
Last night the President gave a 20 minute speech, in which he outlined a five point plan on immigration. While healthcare was not specifically mentioned, he came out strongly for a Comprehensive approach on immigration.
Google News has captured news stories from almost every media source.
CRUNCH TIME
As new White House Press Secretary Tony Snow put it on Friday, we’re down to “crunch time.” On Monday evening, President Bush will deliver a speech aimed at explaining his plan on immigration to the country . The President is expected to talk tough on Border Security– including using the National Guard — in order to assure his base supporters.
Since he was first elected in 2000, the President constantly has made Comprehensive Reform a primary issue. There is some concern that the President will turn his back on Comprehensive Reform and simply push Enforcement. With sagging approval ratings, the conventional wisdom is that the President desperately needs a “win.” It appears as if new Chief of Staff Josh Bolten views immigration as a winner, since it has been the first issue that the President has pushed since Mr. Bolton’s appointment last month.
Now is the time to have your voice heard in order to make sure that the President and the Senate do not forget increased immigration quotas.
This hyperlink makes it easy for you to contact your Senators today. When you do contact them, let them know that you vote and that you strongly support Comprehensive Immigration Reform, including increased employment-based immigrant quotas.
SENATE DEAL REDUX
The New York Times reports that the Senate leadership has struck a deal, although the details of the legislation have not been released. The deal will bring the bill to a vote next week, where it is expected to pass.
Assuming the bill is passed, the Senate leadership would have to meet with the House leadership in order to craft a compromise bill. The NYT article says that a team of 14 Republicans and 12 Democrats will make up the Senate’s negotiating team.
Other articles:
A CALL TO ACTION: RETROGRESSION
Timing
HLG projects that the Schedule A visa allotment — Registered Nurses and Physical Therapists — provided by the May 2005 legislation will end in 4Q 2006 (October-December 2006). At that point Schedule A visas (aka EX visa allotment) will be re-included by the General EB3 visa allotment. Presently, the General EB3 visa allotment is oversubscribed, which is to say that the demand for General EB3 visas far exceeds the quota allotment. This phenomenon is known as retrogression. The EB3 category retrogression is approximately five years. In other words, a case filed today will not receive a green card interview for about five years.
Competing Bills
As you are likely aware immigration is near the top of every headline. Congress is spending a lot of its time looking at reforming the immigration laws. Essentially there are four types of Immigration reform that may be passed by Congress; some of which will cure this problem. President Bush will likely sign anything that Congress presents him, although he is pushing for Comprehensive Reform.
Comprehensive Reform
These proposals, promoted by a range of Representatives and Senators on both sides of the aisle (including Sen. Brownback, Sen. McCain, Sen. Kennedy, Sen. Cornyn and Sen. Kyl) calls for increased border security, along with increased immigration quotas. Some comprehensive reform bills also carve out special healthcare visa increases, including one proposal which exempts Schedule A occupations from any green card quotas for the next 5-7 years.
Enforcement Only
These proposals, promoted mainly by House Representatives Sensenbrenner (R-WI) and Tancredo (R-CO) demand that the US fixes its borders before raising immigrant quotas. In December 2005, the House passed an Enforcement Only bill.
Business Immigration Reform
These proposals call for increased H-1 and employment-based green card quotas. Some proposals contain carve outs for healthcare visas. They are mainly supported by the manufacturing and IT communities. It is unlikely that Business Immigration Reform will happen unless it becomes apparent that Comprehensive Reform is unlikely to happen.
EX Visa Carve-Out
In 2005, HLG along with stakeholders successfully lobbied Congress for a special visa quota – the EX Visa Carve Out. This Carve Out segregated Schedule A occupations from the General EB3 visa quota. If Comprehensive Reform and Business Immigration Reform, we may have to try and extend the current EX visa quota.
Future
HLG projects that there is a 50% chance that a Comprehensive Bill — including a possible 5-7 year elimination of any quota for Schedule A visas — will be passed prior to this November’s elections. We base this from a review of news articles, interviews, discussions with Washington DC lobbyists, conversations with interested stakeholders in the industry, and off-the-record discussions with Congressional staffers.
In the event that a Comprehensive bill is not passed or an Enforcement Only bill is passed, there is a chance that a Business Immigration bill may get passed by Congress. The Business Immigration bill would likely be driven by the IT and manufacturing communities who badly need increased visa numbers. HLG projects that there is a 25% chance that a Business Immigration bill will pass prior to the November elections (i.e. a 50% chance if no Comprehensive bill is passed).
CALL TO ACTION
As the spring turns into summer, HLG will continue to monitor these possible outcomes. HLG is in the process of reinvigorating its Advocacy team from 2004 and 2005. We are actively courting funding pledges.
The 2004-5 effort cost in excess of $100,000. We will need to raise at least this much in order to insure that Healthcare’s interests are preserved. If Healthcare is subject to the 5 year visa retrogression, it is likely that many Recruiting and Staffing companies will close their business and the entire foreign healthcare recruitment market will cease to exist. Please take a moment to contact Chris Musillo and pledge your support to this cause.
If you are interested in pledging your support, please contact Christopher T. Musillo, Esq., Partner, Hammond Law Group, (cmusillo@hammondlawfirm.com).
AILA: SENATE TO RE-COMMENCE IMMIGRATION DEBATE
AILA is reporting that the Senate will re-commence the immigration debate sometime during the week of May 15. AILA asks that you call your Senators today in order to remind them to vote in favor of Comprehensive Immigration reform.
IMMIGRATION BILL BY MEMORIAL DAY?
On this weekend’s McLaughlin Group, Pat Buchanan (of all people) predicted that the Senate would strike a bill by Memorial Day. Likewise, a report in this Sunday’s Scripps Howard News Service notes that a bill could be forthcoming.