Immigration Reform in 2010?

On December 15, Congressman Luis Gutierrez (D-IL) introduced in the U.S. House of Representatives the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (H.R. 4321), a much anticipated immigration reform bill.  The bill, CIR ASAP, represents an important first step forward in overhauling of our nation’s broken immigration system.  It also represents much collaborative behind the scenes legislative and political work undertaken by members of Congress, officials in the Obama Administration, and immigration advocacy and labor organizations.  

The Gutierrez bill is the first major, comprehensive immigration initiative introduced in Congress since 2007, and contains many of the core principles considered vital to any comprehensive immigration reform effort.  These include a pathway to legalization for undocumented workers and students; family unity and labor provisions; smarter and more effective enforcement; improved worker verification systems; and increased visa numbers and backlog reductions.  The 600+ page bill has some 90 co-sponsors, all of whom are Democrats.  Unfortunately, the bill contains a number of provisions unfriendly to the business community including a Commission that would determine the number of non-immigrant workers who could be admitted to the U.S. on an annual basis determined by economic needs and employment levels. The consensus view in Washington is that the Gutierrez bill has little chance of enactment but will serve as a liberal “marker” against which other proposals will be compared.

In the Senate, Senator Charles Schumer (D-NY) is expected to introduce the Senate’s version of comprehensive immigration reform in early 2010. Sen. Schumer is stepping in to fill the role played by Senator Kennedy as an immigration champion and Kennedy was able to bring together a broad coalition of “strange” bedfellows to support previous attempts in 2006 and 2007.  Sen. Schumer’s bill is expected to be introduced as a bi-partisan one co-sponsored by Sen. Lindsay Graham (R-SC), and, as such, is likely to be tougher on enforcement and less generous on benefits.  In the end, however, whatever is enacted in each chamber ultimately will have to be reconciled before an immigration reform bill can be passed and become law.

Debate on these bills is expected to commence in the Senate first and possibly be completed as early as this spring.

In the meantime, White House staff and Department of Homeland Security officials having been meeting with immigration experts to get their insights on what provisions should be included in reform legislation, in part, to ensure that whatever is enacted represents meaningful reform and does not abound with unintended consequences. Paul Zulkie participated in a closed door roundtable in December 2009 with White House, DHS and Congressional staffers on the subject of highly skilled workers.

Homeland Security Secretary Janet Napolitano has gone on record urging the enactment of comprehensive immigration reform. Noting that her agency has tightened the borders, she has stated that the nation now needs new laws to strengthen national security, meet global economic demands, improve the legal flow for families and workers, and rationally deal with undocumented immigrants in the United States.  President Obama too has indicated that he wants Congress to pass an immigration bill in 2010, but not until Congress passes legislation to reform health care and possibly energy.  

As we look to the legislative calendar for the first quarter of 2010, there remain a number of unknowns. Will global warming and energy reform – another campaign pledge of President Obama’s and potentially a costly one – become the next domestic priority ahead of immigration? Will the debate on immigrants in a new health care system vet difficult issues and help pave the way for immigration reform or hinder it?  Democrats who threatened to block health care unless undocumented immigrants were able to get coverage are likely to back the final health care compromise if the White House offers a firm commitment to dealing with the immigration issue this year.  Will the costs associated with these reforms play a role in their timing? 

As the debate on immigration reform unfolds over the next several months, we will provide clients with updated information on what to expect and how they can prepare if reform becomes a reality.  In the meantime, those interested are encouraged to weigh in with their elected representatives.  Only 279 votes and one signature are needed to get comprehensive immigration reform enacted (218 House of Representatives, 60 Senators, and a signature by President Obama).