Oppose H.R. 4437 Oppose H.R. 4437 and Fight for and Fight for

Immigration ReformImmigration Reform

By REUBEN S. SEGURITANBy REUBEN S. SEGURITAN 450 Seventh Avenue, Suite 1400, New York, NY 10123450 Seventh Avenue, Suite 1400, New York, NY 10123 Phone 212 695 5281 Email Phone 212 695 5281 Email seguritanlaw@yahoo.comseguritanlaw@yahoo.com

www.seguritan.comwww.seguritan.com

Kalayaan Hall, Philippine CenterKalayaan Hall, Philippine Center 556 Fifth Avenue, New York, NY 556 Fifth Avenue, New York, NY

1003610036 March 23, 2006March 23, 2006

I.I. H.R. 4437 (Border Protection, H.R. 4437 (Border Protection, Antiterrorism Antiterrorism & Illegal & Illegal Immigration Control Act) passed Immigration Control Act) passed by by the House on 12/16 is anti-the House on 12/16 is anti-immigrant.immigrant.A.A. Those who are out-of-status (such as laid-off workers Those who are out-of-status (such as laid-off workers

and overstaying tourists) or in violation of immigration and overstaying tourists) or in violation of immigration laws (such as immigrants who fail to report change of laws (such as immigrants who fail to report change of address within 10 days), will be considered criminals. address within 10 days), will be considered criminals.

B.B. Those who help undocumented persons remain in the Those who help undocumented persons remain in the US, such as churches, social service organizations and US, such as churches, social service organizations and family members, would be considered guilty of family members, would be considered guilty of smuggling.smuggling.

C.C. State and local police would be turned into federal State and local police would be turned into federal agents to arrest and detain immigration violators.agents to arrest and detain immigration violators.

II.II. The Senate is yet to pass its The Senate is yet to pass its own bill.own bill.

AA.. The Judiciary Committee has been given a The Judiciary Committee has been given a deadline of 3/27 by Majority Leader Bill Frist to deadline of 3/27 by Majority Leader Bill Frist to come up with a Committee bill.come up with a Committee bill.

B.B. There are several major bills in the Senate.There are several major bills in the Senate. • Secure America & Orderly Immigration Act Secure America & Orderly Immigration Act

(McCain-Kennedy Bill)(McCain-Kennedy Bill)• Comprehensive Enforcement & Immigration Comprehensive Enforcement & Immigration

Reform Act (Cornyn-Kyl Bill)Reform Act (Cornyn-Kyl Bill)• Immigrant Accountability Act and companion bills Immigrant Accountability Act and companion bills

(Hagel)(Hagel)• Comprehensive Immigration Reform Act (Specter)Comprehensive Immigration Reform Act (Specter)

Comparison of Senate Immigration Reform Comparison of Senate Immigration Reform ProposalsProposals

(based on analysis of the American Immigration Lawyers Association)(based on analysis of the American Immigration Lawyers Association)

Guest Worker Program for Undocumented Aliens

Path to Green Card

McCain-Kennedy (S. 1033)

Cornyn-Kyl (S. 1438)

Hagel (S. 1916, 1917, 1918 & 1919)

Specter (unnumbered draft)

• H-5B temporary nonimmigrant status with an initial period of stay of 6 years.

• Alien may apply for green card in the US after completing 6-yr. work requirement and fulfilling add’l eligibility req’ts.

• Deferred Mandatory Departure (DMD) status requires participating undocumented aliens to depart the US before seeking readmission as either temporary or permanent immigrants.

• All participants are required to depart within 5 yrs. with incentives provided for earlier departures.

• Aliens not allowed to apply for green card.

• 2-tiered approach, with elements of both McCain-Kennedy & Cornyn-Kyl.

• Earned adjustment of undocumented aliens who meet certain requirements, including residence in the US for at least 5 yrs. before date of introduction, and a minimum of 3 yrs employment in the US preceding the date of introduction and 6 yrs. after the date of enactment.

• DMD status for aliens who cannot prove the 5-yr. residency or 3-yr pre-introduction work requirements for earned adjustment.

• DMD status valid for 3 yrs., after which the alien is required to return home and be readmitted through legal channels.

• Aliens allowed to apply for green card.

(Similar to Cornyn-Kyl)

• DMD status requires participating undocumented aliens to depart the US before seeking readmission as either temporary or permanent immigrants.

• All participants are required to depart within 5 yrs. with incentives provided for earlier departures.

• Employer sponsorship for green card is permitted under the temporary H-5A program (below), but DMD participants must first leave the country and reenter.

Guest Worker Program for Aliens Outside the US

McCain-Kennedy (S. 1033)

Cornyn-Kyl (S. 1438)

Hagel (S. 1916, 1917, 1918 & 1919)

Specter (unnumbered draft)

• H-5A visa valid for 3 years and renewable one time for a total of 6 yrs. after which alien must return home or be in the pipeline for a green card.

• Travel permitted.

• Initial annual cap of 400,000 w/ subsequent adjustments based on usage.

• Employers can sponsor H-5As for permanent residence or, after 4 years in H-5A status, the alien can self-petition.

• New W visa valid for 2 years after which the alien must return home for 1 yr. An alien can participate up to 3 times for a total of 6 yrs. of employment, after which s/he will be ineligible for further participation.

• Travel permitted.

• No cap but the bill sets up a Temporary Worker Task Force, the report from which will form the basis for an annual limitation on the number of W visas.

• Not allowed to apply for green card.

• H-2C visa valid for 2 yrs. with one 2-yr extension permitted.

• Annual cap of 250,000

• Employers can sponsor alien for permanent residence, or after 3 years in H-2C status, alien can self-petition.

• New H-5A visa valid for 3 yrs. and renewable one time for a total of 6 yrs. after which alien must return home or be in the pipeline for a green card.

• Travel permitted

• Initial annual cap of 400,000 w/ subsequent adjustments based on usage.

• Employers can sponsor H-5As for permanent residence.

Family reunification & Backlog Reduction

McCain-Kennedy (S. 1033)

Cornyn-Kyl (S. 1438)

Hagel (S. 1916, 1917, 1918 & 1919)

Specter (unnumbered draft)

• Exempts immediate family of US citizens from the 480,000 annual cap on family-sponsored immigrant visas and reallocates the family-sponsored numbers.

• Increases employment-based numbers from 140,000 to 290,000 per year, reallocates the distribution of those numbers and provides for recapture of unused numbers.

• No change to family-based preference system

• Reallocates the distribution of employment-based numbers and provides for the recapture of unused numbers.

• Increases per-country limits for both family-and employment-based immigrants.

• Exempts immediate relatives of US citizens from the 480,000 annual cap on family-sponsored immigrant visas.

• Reclassifies spouses and minor children of LPRs as immediate relatives

• Reallocates the family-sponsored numbers.

(Similar to McCain/ Kennedy)

• Exempts immediate relatives of US citizens from the 480,000 annual cap on family-sponsored immigrant visas and reallocates the family-sponsored numbers.

• Increases employment-based numbers from 140,000 to 290,000 per year, reallocates the distribution of those numbers, and provides for the recapture of unused numbers.

• Increases the per-country limits for both family-and employment-based immigrants.

Worksite Enforcement

McCain-Kennedy (S. 1033)

Cornyn-Kyl (S. 1438)

Hagel (S. 1916, 1917, 1918 & 1919)

Specter (unnumbered draft)

• Establishes a new Employment Eligibility Confirmation System to gradually replace the existing I-9 system.

• Requires all employers to participate in Employment Eligibility Verification Program within 12 months of enactment.

• Establishes a mandatory electronic worker verification system managed by DHS in conjunction with the SSA, reduces the number of documents that can be used to verify employment authorization.

• Requires all employers to participate in the Employment Eligibility Verification Program.

Border Enforcement

• Focus on a global strategy for border enforcement, including enhanced intelligence capabilities.

• Continues and expands heretofore unsuccessful policies.

• Authorizes funds to pay for the 2,000 border patrol agents Congress added last year and increases the number of CBP officers over a 5-year period.

• Similar to the Cornyn-Kyl approach-more agents, assets, infrastructure and money for the border, and expanded expedited removal, etc.

C.C. A bipartisan consensus was reached by the A bipartisan consensus was reached by the Judiciary Committee last week to grant Judiciary Committee last week to grant temporary visas to undocumented persons and temporary visas to undocumented persons and allow them to become permanent residents.allow them to become permanent residents.

D.D. If the committee fails to vote on a bill by the If the committee fails to vote on a bill by the deadline, Senator Frist will ask the full Senate deadline, Senator Frist will ask the full Senate to debate his own bill, which he introduced last to debate his own bill, which he introduced last 3/16.3/16.

• Frist’s bill (Securing America’s Borders Act) Frist’s bill (Securing America’s Borders Act) contains enforcement provisions with some contains enforcement provisions with some backlog reduction relief but no guest worker backlog reduction relief but no guest worker program or path to permanent residenceprogram or path to permanent residence

III.III. Immigration reform is needed to Immigration reform is needed to correct correct broken system.broken system.A.A. It is plagued by huge backlogs and processing It is plagued by huge backlogs and processing

delays.delays.• 4 to 23-year wait for family visas4 to 23-year wait for family visas• 3 to 5-year wait for employment visas3 to 5-year wait for employment visas• Over 1 year delay for nonimmigrant professionalsOver 1 year delay for nonimmigrant professionals

B.B. It does not serve America’s needs.It does not serve America’s needs.• Not enough workers to make us globally competitive Not enough workers to make us globally competitive

(Compete America)(Compete America)• National security at risk due to dwindling number of National security at risk due to dwindling number of

scientists. scientists. (National Academy of Sciences)(National Academy of Sciences)• Hospitals threatened by acute nursing shortage. Hospitals threatened by acute nursing shortage.

(American Hospital Association)(American Hospital Association)

C.C. It does not reflect American values.It does not reflect American values.• Families torn apart Families torn apart (Catholic Legal Immigration (Catholic Legal Immigration

Network)Network)• Due process rights violated Due process rights violated (Immigration Policy Center)(Immigration Policy Center)

IV. Restrictionist groups oppose IV. Restrictionist groups oppose comprehensive comprehensive immigration immigration reform.reform.

A.A. These groups include the Federation for American These groups include the Federation for American Immigration Reform, Team America, Project USA, Immigration Reform, Team America, Project USA, and the Minuteman Civil Defense Corps. and the Minuteman Civil Defense Corps.

B.B. Immigration Reform Caucus in the House headed Immigration Reform Caucus in the House headed by Rep. Tom Tancredo help push the restrictionist by Rep. Tom Tancredo help push the restrictionist agenda.agenda.

• More than 70 House members who are restrictionists More than 70 House members who are restrictionists have written to Senator Specter reiterating their have written to Senator Specter reiterating their commitment to block legalization for the commitment to block legalization for the undocumented.undocumented.

C.C. They propagate the following myths about They propagate the following myths about immigrants. immigrants.

• Drain on the economyDrain on the economy• Take away jobs from AmericansTake away jobs from Americans• Depress wages of US workersDepress wages of US workers• Contribute little to American societyContribute little to American society

D.D. They have organized conferences, radio talk They have organized conferences, radio talk shows, border watch patrols, cross-country shows, border watch patrols, cross-country bicycle rides, call-ins and petition campaigns.bicycle rides, call-ins and petition campaigns.

V. V. Immigrant advocates support Immigrant advocates support comprehensive comprehensive reform as the only way reform as the only way to fix our broken system.to fix our broken system.A.A. They include the National Immigration Forum, They include the National Immigration Forum,

American Immigration Lawyers Association, the American Immigration Lawyers Association, the National Network for Immigrant and Refugee Rights, National Network for Immigrant and Refugee Rights, National Council of Churches and many Catholic and National Council of Churches and many Catholic and Jewish organizations. Jewish organizations.

B.B. They cite studies pointing to the benefits of They cite studies pointing to the benefits of immigration.immigration.

• Fiscal benefit as high as $10 Billion per year Fiscal benefit as high as $10 Billion per year (National (National Research Council)Research Council)

• Social security is subsidized by TNTs by about $7 billion Social security is subsidized by TNTs by about $7 billion per year per year (National Foundation for American Policy)(National Foundation for American Policy)

• Labor force sustained by immigrants. Labor force sustained by immigrants. (2005 Economic (2005 Economic Report of the President)Report of the President)

VI.VI. Filipinos have a big stake in the Filipinos have a big stake in the fight for fight for reform.reform.

A.A. Philippines is the 3Philippines is the 3rdrd top immigrant-sending top immigrant-sending country after Mexico and India.country after Mexico and India.

• 57,877 entered the US in 2004 with 42,114 family-57,877 entered the US in 2004 with 42,114 family-based and 15,497 employment-based.based and 15,497 employment-based.

B.B. Philippine immigrant visa applicants have Philippine immigrant visa applicants have longest waiting time for brothers and sisters longest waiting time for brothers and sisters (23 years), unmarried adult children of US (23 years), unmarried adult children of US citizens (15 years) and married children of US citizens (15 years) and married children of US citizens (15 ½ years).citizens (15 ½ years).

C.C. There were 85,000 undocumented Filipinos There were 85,000 undocumented Filipinos according to according to

2000 census when the total number from all 2000 census when the total number from all countries was about 7 million; in today’s figure countries was about 7 million; in today’s figure of 12 million, there would be about 150,000 of 12 million, there would be about 150,000 Filipino TNTs.Filipino TNTs.

D.D. By the end of this year, when the 50,000 visas By the end of this year, when the 50,000 visas given to nurses and PTs last year are used up, given to nurses and PTs last year are used up, their waiting time would be 5 years.their waiting time would be 5 years.

VII.VII. Numerous groups have opposed Numerous groups have opposed H.R. 4437H.R. 4437

A.A. Hundreds of thousands marched in downtown Hundreds of thousands marched in downtown Chicago last March 7 and about the same number, if Chicago last March 7 and about the same number, if not more, plan to march in Los Angeles on March not more, plan to march in Los Angeles on March 25.25.

• Other protest marches, hunger strikes, prayer Other protest marches, hunger strikes, prayer vigils have been held in many cities throughout vigils have been held in many cities throughout the country since the passage of H.R. 4437the country since the passage of H.R. 4437

B.B. Various national and local groups such as a Various national and local groups such as a governors association, city councils, schools, as well governors association, city councils, schools, as well as religious, professional, and business as religious, professional, and business organizations have come out with statements, organizations have come out with statements, resolutions or advertisements condemning the bill.resolutions or advertisements condemning the bill.

C.C. Tens of thousands have called their senators and Tens of thousands have called their senators and representatives during several National Call-In representatives during several National Call-In Days and have attended lobby campaigns in D.C.Days and have attended lobby campaigns in D.C.

D.D. Thousands of groups and individuals have written Thousands of groups and individuals have written letters to their Congressmen and the President.letters to their Congressmen and the President.

E.E. Foreign ministers of 11 Latin American countries Foreign ministers of 11 Latin American countries have agreed to conduct massive lobbying have agreed to conduct massive lobbying campaign in Washington to oppose anti-campaign in Washington to oppose anti-immigrant policies and support immigration immigrant policies and support immigration reforms.reforms.

VII.VII. Filipino Americans must actively Filipino Americans must actively campaign for immigration campaign for immigration

reform.reform.A.A. Raise public awareness on immigration Raise public awareness on immigration

reformreform• Organize mini-forums on immigration reformOrganize mini-forums on immigration reform• Write letters to the editor, send emails to friends Write letters to the editor, send emails to friends

and relatives, co-workers, etc.and relatives, co-workers, etc.• Put out ads in newspapers.Put out ads in newspapers.

B.B. Influence legislation by popular action.Influence legislation by popular action.• Contact or write your senator and representative Contact or write your senator and representative

and President Bushand President Bush• Organize or participate in mass actions Organize or participate in mass actions

(marches, vigils, etc.)(marches, vigils, etc.)

C.C. Solicit support of state and local officials.Solicit support of state and local officials.

• Ask governor, mayor and local officials to issue Ask governor, mayor and local officials to issue statements in support of immigrants and immigration statements in support of immigrants and immigration reform.reform.

D.D. Coordinate with other immigrant groups.Coordinate with other immigrant groups.

Sample LettersSample LettersOpen Letter to President George W. Bush Open Letter to President George W. Bush

Take the Lead, Mr. PresidentTake the Lead, Mr. PresidentDear Mr. President:Dear Mr. President:

We, the undersigned Filipino American organizations, are making this urgent We, the undersigned Filipino American organizations, are making this urgent appeal for your leadership in rebuilding an immigration system that is faithful appeal for your leadership in rebuilding an immigration system that is faithful to American values and consistent with our nation’s priorities. to American values and consistent with our nation’s priorities.

It has been said once too often that we are the greatest democracy because we It has been said once too often that we are the greatest democracy because we are a nation of immigrants. Yet today, we bear the brunt of a dysfunctional are a nation of immigrants. Yet today, we bear the brunt of a dysfunctional immigration system that discriminates against non-citizens, discourages the immigration system that discriminates against non-citizens, discourages the entry of talented and hardworking immigrants, and leaves us vulnerable to entry of talented and hardworking immigrants, and leaves us vulnerable to those who wish to harm us. those who wish to harm us.

Genuine immigration reform seems to have been lost in the din of livid anti-Genuine immigration reform seems to have been lost in the din of livid anti-immigrant sentiments in the House of Representatives. The unfortunate result immigrant sentiments in the House of Representatives. The unfortunate result is House Bill 4437, “The Border Protection, Antiterrrorism and Illegal is House Bill 4437, “The Border Protection, Antiterrrorism and Illegal Immigration Control Act of 2005,”which will criminalize not just undocumented Immigration Control Act of 2005,”which will criminalize not just undocumented immigrants, but citizens who are relatives, friends, co-employees, counselors or immigrants, but citizens who are relatives, friends, co-employees, counselors or social workers assisting them. H.R. 4437 disregards the policy considerations social workers assisting them. H.R. 4437 disregards the policy considerations you announced as essential for immigration reform. Its tough enforcement you announced as essential for immigration reform. Its tough enforcement provisions are harsh and unrealistic. provisions are harsh and unrealistic.

We oppose H.R. 4437 in the strongest possible terms. We oppose H.R. 4437 in the strongest possible terms.

The Senate, on the other hand, is deeply divided over the immigration reform The Senate, on the other hand, is deeply divided over the immigration reform proposals on the table. Many of its members are still unable to grasp the reality proposals on the table. Many of its members are still unable to grasp the reality that the 11 million undocumented immigrants who have lived among us for that the 11 million undocumented immigrants who have lived among us for several years as productive (but disadvantaged) members of American society several years as productive (but disadvantaged) members of American society would come forward only if there is a path for them to legalize their status and would come forward only if there is a path for them to legalize their status and earned citizenship.earned citizenship.

Our legislators could not seem to understand that we cannot be made more Our legislators could not seem to understand that we cannot be made more secure by alienating immigrants; or that more fences, detention beds and secure by alienating immigrants; or that more fences, detention beds and border control agents will put an end to unauthorized entry. They seem unable border control agents will put an end to unauthorized entry. They seem unable to appreciate the importance of reuniting families to keep our social and moral to appreciate the importance of reuniting families to keep our social and moral fabric intact; or the economic advantage of allowing essential workers to take fabric intact; or the economic advantage of allowing essential workers to take the jobs that Americans do not want.the jobs that Americans do not want.

Our legislators and policymakers need you to take the lead, Mr. President. They Our legislators and policymakers need you to take the lead, Mr. President. They need to hear your firm rejection of H.R. 4437 and your full support for the need to hear your firm rejection of H.R. 4437 and your full support for the genuine immigration reform embodied in the bipartisan Senate Bill 1033, the genuine immigration reform embodied in the bipartisan Senate Bill 1033, the Secure America and Orderly Immigration Act.Secure America and Orderly Immigration Act.

We join the rest of the immigrant community in urging you to work more We join the rest of the immigrant community in urging you to work more closely with Congress in passing a comprehensive immigration reform law that closely with Congress in passing a comprehensive immigration reform law that honors America as a nation of immigrants.honors America as a nation of immigrants.

Letter to the Senate Judiciary Committee MemberLetter to the Senate Judiciary Committee Member

Support Comprehensive ReformSupport Comprehensive Reform

Dear Senator ________________________:Dear Senator ________________________:

As Filipino Americans, we know that the immigrant community is the most As Filipino Americans, we know that the immigrant community is the most vulnerable sector of our society. We are deeply concerned about recent moves in vulnerable sector of our society. We are deeply concerned about recent moves in Congress to pass a law that would further put immigrants at a disadvantage in all Congress to pass a law that would further put immigrants at a disadvantage in all aspects of their new life in the US. One such move is H.R. 4437.aspects of their new life in the US. One such move is H.R. 4437.

We believe the House of Representatives has done a great disservice to our We believe the House of Representatives has done a great disservice to our nation in passing the Border Protection and Anti-Terrorism and Illegal nation in passing the Border Protection and Anti-Terrorism and Illegal Immigration Control Act (H.R. 4437). It is an anti-American bill that blatantly Immigration Control Act (H.R. 4437). It is an anti-American bill that blatantly denigrates all the good things that America stands for. denigrates all the good things that America stands for.

Ours is a just and humane society, but H.R. 4437 seeks to criminalize compassion Ours is a just and humane society, but H.R. 4437 seeks to criminalize compassion and humanitarian assistance to undocumented immigrants. Ours is a nation that and humanitarian assistance to undocumented immigrants. Ours is a nation that was built by immigrants, but H.R. 4437 seeks to criminalize unlawful presence was built by immigrants, but H.R. 4437 seeks to criminalize unlawful presence despite our failure to fix a broken immigration system that keeps families apart despite our failure to fix a broken immigration system that keeps families apart for several years. Our government is strong and stable because it adheres to the for several years. Our government is strong and stable because it adheres to the principle of check and balances. But H.R. 4437 seeks to deny immigrants access principle of check and balances. But H.R. 4437 seeks to deny immigrants access to courts to challenge abuse of discretion by immigration officers. to courts to challenge abuse of discretion by immigration officers.

In our humble opinion, there is more to immigration reform than simply putting In our humble opinion, there is more to immigration reform than simply putting up more fences and tougher border controls. It must consider earned adjustment up more fences and tougher border controls. It must consider earned adjustment for the 11 million undocumented immigrants that include thousands of Filipinos. for the 11 million undocumented immigrants that include thousands of Filipinos. It must facilitate family reunification. It must meet the urgent need for workers to It must facilitate family reunification. It must meet the urgent need for workers to keep our economy vibrant and competitive. keep our economy vibrant and competitive.

We believe H.R. 4437 will not fix our broken immigration system. It will only We believe H.R. 4437 will not fix our broken immigration system. It will only make things worse for non-citizens and citizens alike. We ask that you oppose the make things worse for non-citizens and citizens alike. We ask that you oppose the passage of H.R. 4437 and support a comprehensive immigration reform bill that passage of H.R. 4437 and support a comprehensive immigration reform bill that is just, humane and realistic.is just, humane and realistic.

Very truly yours,Very truly yours,

__________________________________________________________Name Name (__________________________)(__________________________)OrganizationOrganization__________________________________________________________AddressAddress