S. 2611
Encyclopedia
The Comprehensive Immigration Reform Act (CIRA) was a United States Senate
bill introduced in the 109th Congress (2005–2006) by Sen. Arlen Specter [PA] on April 7, 2006. Co-sponsors, who signed on the same day, were Sen. Hagel [NE], Sen. Martinez [FL], Sen. McCain [AZ], Sen. Kennedy [MA], Sen. Graham [SC], and Sen. Brownback [KS].
It deals with immigration reform
. It proposed to increase some security along the southern United States
border with Mexico
, allow long-time illegal immigrants to gain legal status, and to increase the number of guest workers over and above those already present in the U.S. through a new "blue card" visa program. The sponsor of the Bill, Senator Arlen Specter
, introduced it on April 7, 2006. It was passed on May 25, 2006, by a vote of 62-36. Cloture
was invoked, which limited debate to a 30 hour period. The parallel House
Bill H.R. 4437
would have dealt with immigration differently. Neither bill became law because they failed to pass the conference committee
. The end of the 109th Congress (January 3, 2007) marked the death of both bills.
and other Latin American countries, the high demand for unskilled labor in the United States
, the alleged inadequacy of current legal immigration routes, and the presence of drug and human smuggling on the border. On December 16, 2005, the House of Representatives
passed H.R. 4437
, which solely focused on US-Mexican border security and penalties for employers, smugglers, and those, such as churches and charity workers, providing assistance to illegal immigrants. One of the most controversial aspects of the house bill aimed to change illegal presence in the United States from a civil offense to a felony.
The Bill also introduces a H-2C visa, or "blue card." This visa allows employers to bring in outside workers for up to 6 years, after which the employee must spend one year in their original country. The Bill proposes 370 miles (595.5 km) of fencing along highly-populated areas near the border; H.R. 4437 proposes 700 miles (1,126.5 km) of fencing. The Bill does not mention any expanded role for local law enforcement for border enforcement tasks (primarily for interior enforcement) the way that H.R. 4437 does. There is an added clause, the Inhofe Amendment
, an English-only
proposal that makes English the "national language" of the United States aiming at discouraging services in any other language than English.
The bill would also increase the annual cap for H-1B work visas from 65,000 to 115,000, with an automatic 20% increase year on year, thus increasing the number of information technology
and other professionals from foreign countries eligible to work in the U.S. It also would lower the standard by which judges determine who is eligible for refugee
status from "clear and convincing evidence" to "substantial evidence."
It would allow illegal immigrants who later become legal to collect Social Security
benefits based on social security credits earned while they were illegal. Also, the United States federal government would have to consult with Mexican officials before commencement of any fence construction on the U.S. side of the border.
This bill has been compared to the Immigration Reform and Control Act of 1986
.
(1) personnel and asset increases and enhancements; (2) a National Strategy for Border Security; (3) border security initiatives, including biometric data enhancements and a biometric entry-exit system, document integrity, and mandatory detention of aliens apprehended at or between ports of entry; and (4) Central American gangs.
Sets forth provisions respecting: (1) noncitizen Armed Forces membership; (2) nonimmigrant status for athletes; (3) extension of returning worker exemption; (4) surveillance programs, including aerial and unmanned aerial surveillance; (5) a Northern Border Prosecution Initiative; (6) reimbursement of Southern Border State and county prosecutors for prosecuting federally initiated drug cases; (7) conditional nonimmigrant worker-related grants; (8) border security on federal land; and (9) parole and status adjustment relief for qualifying widows and orphans.
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
bill introduced in the 109th Congress (2005–2006) by Sen. Arlen Specter [PA] on April 7, 2006. Co-sponsors, who signed on the same day, were Sen. Hagel [NE], Sen. Martinez [FL], Sen. McCain [AZ], Sen. Kennedy [MA], Sen. Graham [SC], and Sen. Brownback [KS].
It deals with immigration reform
Immigration reform
Immigration reform is a term used in political discussion regarding changes to current immigration policy of a country. In its strict definition, "reform " means to change into an improved form or condition, by amending or removing faults or abuses....
. It proposed to increase some security along the southern United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
border with Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, allow long-time illegal immigrants to gain legal status, and to increase the number of guest workers over and above those already present in the U.S. through a new "blue card" visa program. The sponsor of the Bill, Senator Arlen Specter
Arlen Specter
Arlen Specter is a former United States Senator from Pennsylvania. Specter is a Democrat, but was a Republican from 1965 until switching to the Democratic Party in 2009...
, introduced it on April 7, 2006. It was passed on May 25, 2006, by a vote of 62-36. Cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
was invoked, which limited debate to a 30 hour period. The parallel House
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
Bill H.R. 4437
H.R. 4437
The Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005 was a bill in the 109th United States Congress. It was passed by the United States House of Representatives on December 16, 2005 by a vote of 239 to 182 , but did not pass the Senate...
would have dealt with immigration differently. Neither bill became law because they failed to pass the conference committee
Conference committee
A conference committee is a joint committee of a bicameral legislature, which is appointed by, and consists of, members of both chambers to resolve disagreements on a particular bill...
. The end of the 109th Congress (January 3, 2007) marked the death of both bills.
Background
In 2006 there were estimated to be between 8 and 20 million illegal immigrants living within the United States, with the most common estimates being around 11 to 12 million.http://www.npr.org/templates/story/story.php?storyId=5365863 Further complicating the issue is the extreme poverty present in MexicoMexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
and other Latin American countries, the high demand for unskilled labor in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the alleged inadequacy of current legal immigration routes, and the presence of drug and human smuggling on the border. On December 16, 2005, the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
passed H.R. 4437
H.R. 4437
The Border Protection, Anti-terrorism, and Illegal Immigration Control Act of 2005 was a bill in the 109th United States Congress. It was passed by the United States House of Representatives on December 16, 2005 by a vote of 239 to 182 , but did not pass the Senate...
, which solely focused on US-Mexican border security and penalties for employers, smugglers, and those, such as churches and charity workers, providing assistance to illegal immigrants. One of the most controversial aspects of the house bill aimed to change illegal presence in the United States from a civil offense to a felony.
Analysis
The major difference between H.R. 4437 and S. 2611 was the proposed amnesty for illegal immigrants in S. 2611. This would allow illegal immigrants who have been in the country for more than five years, estimated to be 7 million in number, to apply for citizenship by paying fines and back taxes. Illegal immigrants who have been in the country for 2 to 5 years, numbering around 3 million, would be allowed to stay in the country without fear of deportation, but after 3 years would have to leave the U.S. and could apply for citizenship at border check points. Those in the country for under 2 years would be required to return to their original nations. Thus, with some waiting, 10 million illegal immigrants could be eligible to become citizens. The fine is around $2000, but some sources say it might be higher.The Bill also introduces a H-2C visa, or "blue card." This visa allows employers to bring in outside workers for up to 6 years, after which the employee must spend one year in their original country. The Bill proposes 370 miles (595.5 km) of fencing along highly-populated areas near the border; H.R. 4437 proposes 700 miles (1,126.5 km) of fencing. The Bill does not mention any expanded role for local law enforcement for border enforcement tasks (primarily for interior enforcement) the way that H.R. 4437 does. There is an added clause, the Inhofe Amendment
Inhofe Amendment
The Inhofe Amendment was an amendment to the Comprehensive Immigration Reform Act of 2006, a United States Senate bill that would have changed current immigration law allowing more immigrants into the United States. The amendment was passed by the Senate on May 18, 2006 by a vote of 62-35...
, an English-only
English-only movement
English-only movement, also known as Official English movement, refers to a political movement for the use only of the English language in official government operations through the establishing of English as the only official language in the United States...
proposal that makes English the "national language" of the United States aiming at discouraging services in any other language than English.
The bill would also increase the annual cap for H-1B work visas from 65,000 to 115,000, with an automatic 20% increase year on year, thus increasing the number of information technology
Information technology
Information technology is the acquisition, processing, storage and dissemination of vocal, pictorial, textual and numerical information by a microelectronics-based combination of computing and telecommunications...
and other professionals from foreign countries eligible to work in the U.S. It also would lower the standard by which judges determine who is eligible for refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
status from "clear and convincing evidence" to "substantial evidence."
It would allow illegal immigrants who later become legal to collect Social Security
Social Security (United States)
In the United States, Social Security refers to the federal Old-Age, Survivors, and Disability Insurance program.The original Social Security Act and the current version of the Act, as amended encompass several social welfare and social insurance programs...
benefits based on social security credits earned while they were illegal. Also, the United States federal government would have to consult with Mexican officials before commencement of any fence construction on the U.S. side of the border.
This bill has been compared to the Immigration Reform and Control Act of 1986
Immigration Reform and Control Act of 1986
The Immigration Reform and Control Act , , also Simpson-Mazzoli Act, is an Act of Congress which reformed United States immigration law.In brief the act:* required employers to attest to their employees' immigration status....
.
Provisions
The Bill set forth border security and enforcement provisions, including provisions respecting:(1) personnel and asset increases and enhancements; (2) a National Strategy for Border Security; (3) border security initiatives, including biometric data enhancements and a biometric entry-exit system, document integrity, and mandatory detention of aliens apprehended at or between ports of entry; and (4) Central American gangs.
- Prohibits state and local law enforcement officers from helping the federal government enforce immigration violations, which they are presently allowed to do.
- Provides that the total number of aliens and dependents of such aliens who receive legal permanent resident status shall not exceed 18,000,000 during each 10-year period beginning with the period extending from 2007 through 2016.
- Border Tunnel Prevention Act - Provides criminal penalties for construction, financing, or use of illegal border tunnels or passages.
- Border Law Enforcement Relief Act of 2006 - Authorizes a border relief grant program for a tribal, state, or local law enforcement agency in a county: (1) no more than 100 miles (160.9 km) from a U.S. border with Canada or Mexico; or (2) more than 100 miles (160.9 km) from any such border but which is a high impact area.
- Sets forth interior enforcement provisions, including provisions respecting: (1) alien terrorists; (2) alien street gang members; (3) illegal entryIllegal entryIllegal entry is the act of foreign nationals arriving in or crossing the borders into a country in violation of its immigration law.Migrants from nations that do not have automatic visa agreements, or who would not otherwise qualify for a visa, often cross the borders illegally in some areas like...
and reentry; (4) passport and immigration fraud; (5) criminal aliens; (6) voluntary departure; (7) detention and alternatives; (8) criminal penalties; (9) alien smuggling; (10) tribal lands security; (11) state and local enforcement of immigration laws; (12) expedited removal; and (13) alien protection from sex offenders.
- Makes it unlawful to knowingly hire, recruit, or refer for a fee an unauthorized alien.
- Establishes in the Treasury the Employer Compliance Fund.
- Provides for additional worksite and fraud detection personnel.
- Provides for a report examining the impacts of the current and proposed annual grants of legal status, including immigrant and nonimmigrant status, along with the current level of illegal immigration, on U.S. infrastructure and quality of life.
- Establishes a temporary guest worker program (H-2C visa). Provides: (1) that the Secretary of Homeland Security shall determine H-2C eligibility; (2) for a three-year admission with one additional three-year extension; (3) issuance of H-4 nonimmigrant visas for accompanying or following spouse and children; (4) for U.S. worker protection; (5) for implementation of an alien employment management system; and (6) establishment of a Temporary Worker Task Force.
- Expands the S-visa (witness/informant) classification.
- Limits the L-visa (intracompany transfer) classification.
- Fairness in Immigration Litigation Act of 2006 - Sets forth provisions respecting remedies for immigration legislation.
- Sets forth backlog reduction provisions respecting: (1) family-sponsored and employment-based immigrant levels; (2) country limits; (3) immigrant visa allocations; (4) minor children; (5) shortage occupations; and (6) student and advanced degree visas.
- Widows and Orphans Act of 2006 - Establishes a special immigrant category for certain children and women at risk of harm.
- Immigrant Accountability Act of 2006 - Provides permanent resident status adjustment for a qualifying illegal alien (and the spouse and children of such alien) who has been in the United States for five years and employed (with exceptions) for specified periods of time.
- Authorizes mandatory departure and immigrant or nonimmigrant reentry for a qualifying illegal alien who has been present and employed in the United States since January 7, 2004. Establishes a three-year mandatory departure status, and sets forth immigration prohibitions and penalties for failure to depart or delayed departure. Subjects the spouse or children of a principal alien to the same conditions as such alien, except that if such alien meets the departure requirement the spouse and children will be deemed to have done so.
- Agricultural Job Opportunities, Benefits, and Security Act of 2006, or AgJOBS Act of 2006 - Establishes a pilot program (Blue Card program) for adjustment to permanent resident status of qualifying agricultural workers who have worked in the United States during the two-year period ending December 31, 2005, and have been employed for specified periods of time subsequent to enactment of this Act.
- Revises the H-2A VisaH-2A VisaAn H-2A visa allows a foreign national entry into the U.S. for temporary or seasonal agricultural work. There are several requirements of the employer in regards to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of...
(temporary agricultural worker) program.
- Development, Relief, and Education for Alien Minors Act of 2006 or the DREAM Act of 2006 - Eliminates denial of an unlawful alien's eligibility for higher education benefits based on state residence unless a U.S. national is similarly eligible without regard to such state residence. Authorizes cancellation of removal and adjustment to conditional permanent resident status of certain alien students who are long-term U.S. residents.
- Sets forth provisions respecting: (1) additional Department of Homeland Security (DHS) and Department of Justice immigration personnel; and (2) the Board of Immigration Appeals.
- Kendell Frederick Citizenship Assistance Act - Provides that fingerprints provided by a qualifying individual at the time of military enlistment shall satisfy naturalization fingerprint requirements. Requires the Secretary of Defense to establish the position of Citizenship Advocate at each military entry processing station.
- State Court Interpreter Grant Program Act - Provides state courts grants to assist individuals with limited English proficiency to access and understand court proceedings, and allocates funds for a related court interpreter technical assistance program.
- Border Infrastructure and Technology Modernization Act - Provides for: (1) a port of entry infrastructure assessment study; (2) a national land border security plan; and (3) a port of entry technology demonstration program.
- September 11 Family Humanitarian Relief and Patriotism Act - Provides permanent resident status adjustment or cancellation of removal and permanent resident status adjustment for a qualifying alien who was on September 10, 2001, the wife, child, or dependent son or daughter of a lawful nonimmigrant alien who died as a result of the September 11, 2001, terrorist attacks against the United States.
Sets forth provisions respecting: (1) noncitizen Armed Forces membership; (2) nonimmigrant status for athletes; (3) extension of returning worker exemption; (4) surveillance programs, including aerial and unmanned aerial surveillance; (5) a Northern Border Prosecution Initiative; (6) reimbursement of Southern Border State and county prosecutors for prosecuting federally initiated drug cases; (7) conditional nonimmigrant worker-related grants; (8) border security on federal land; and (9) parole and status adjustment relief for qualifying widows and orphans.