Immigration News: April, 2004 - Volume #11

Bush and Guest Workers

President Bush's proposal to allow US employers to legalize their unauthorized workers, and to easily obtain additional foreign workers, generated debate but little action in Congress since its introduction January 7, 2004. The Fair and Secure Immigration Reform (FSIR) proposal aims to fulfill Bush's goal of "matching willing foreign workers with willing US employers when no American can be found to fill those jobs."

Skeptics said that Bush's goal was to re-establish his credentials as a compassionate conservative, particularly with Hispanic and employers of low-wage labor, ahead of November 2004 elections. In 2000, Bush won 31 percent of Hispanic votes and Al Gore 67 percent. Hispanics are 13 percent of US residents, but they cast only four percent of the votes in 2000.

In a New Mexico press event, Bush in April 2004 said that it is OK for US employers to hire unauthorized workers when they cannot find US workers: "If a builder ... can't find an American willing to do the job, they ought to have the ability to put somebody on the job who can do the job." In an appeal to conservative Republicans, Bush said that he is not proposing an amnesty: "This is not an amnesty program...Amnesty would encourage further illegal immigration."

One reason for Congressional inaction on guest workers is opposition from conservative Republicans who do not want to "reward lawbreakers." Representative Tom Tancredo, (R-CO, chairman of the 72-member Congressional Immigration Reform Caucus, strongly opposes the Bush plan.

On the other hand, Democrats complain that the Bush plan does not go far enough because it offers unauthorized workers only six-year work permits, not a path to immigrant status. The Senate Foreign Relations Committee held a hearing March 23, 2004 during which Republicans and Democrats complained about the lack of follow-up by Bush; no legislation has been introduced on behalf of the administration. Democratic Presidential candidate John Kerry said "Immigration is central to our nation's history." Kerry supports legalization for unauthorized foreigners who have worked in the US, paid taxes and can pass a background check. (www.johnkerry.com/)

President Bush met Mexican President Fox in March 2004, and promised that the 6.8 million Mexicans who hold border-crossing cards or "laser" visas, which permit visits for up to 72 hours within 25 miles of the border, will not have to be fingerprinted as they enter and leave the US. Foreigners needing visas to enter the US have been subjected to fingerprinting and photographing beginning in 2004 under the US-VISIT program.

The annual limit of 5,500 Mexicans with a BA or more coming to the US in response to a job offer ended January 1, 2004. Under Nafta, professionals in 63 occupations, from agronomist to zoologist, can enter the US from Canada and Mexico with TN visas that are renewable indefinitely. About 12 percent of Mexicans with at least some college were in the US in 2000, compared to 10 percent of all Mexicans.

Hearings. The Senate's Judiciary subcommittee on immigration and border security held a hearing on February 12, 2004 about three guest worker bills pending in Congress. Most senators echoed Senator Saxby Chambliss (R-GA), who said "We must recognize that there are those who are here illegally and whose labor we depend on without displacing American workers." But most also warned the DHS officials who testified that the Congress was so divided that without presidential leadership no bill would be approved.

On April 1, 2004, Chambliss held a hearing on Securing Our Borders Under a Temporary Guest Worker Program. Bush administration officials argued that a guest worker program could reduce illegal migration and smuggling and increase security, provided there were tougher penalties for employers who continued to hire illegal workers. DHS policy chief Stewart Verdery said Bush plans to double funding for employer sanctions enforcement to $23 million.

US Immigration and Customs Enforcement had a budget of $3.7 billion in FY04, including $11 million for worksite enforcement, 0.3 percent of the ICE budget. Much of the worksite enforcement since September 11, 2001 involved screening 259,000 employee records of 3,600 "critical infrastructure" employers, such as those providing services in airports and military installations; 5,000 unauthorized workers were discovered. One senator said that, in FY02, DHS issued 42 intent-to-fine notices, and 66 employers (including those fined in earlier years) actually paid fines.

DHS officials asserted that "Since a temporary guest-worker proposal will increase the flow of people into and out of the United States on a visa, we must be confident in our border security." However, most senators expressed caution, arguing that a new guest worker program might also increase illegal migration, especially if stepped-up enforcement of employer sanctions is lacking.

Impacts. When US leaders discuss immigration reforms, notaries, lawyers and "immigration advisors" increase their efforts to offer services in US immigrant communities, both for unauthorized foreigners in the US and for their relatives abroad. After Bush's January 2004 announcement, ads appeared offering "Bush visas" for fees of $2,000 to $3,000. Many of the ads promised migrants (falsely) that they could get a work permit for three years, renew it for another three years, and then have an immigrant visa waiting. One Los Angeles city official complained that "Bush's proposal has given a great platform to immigration consultants to ... take advantage of immigrants in our society."

The Development, Relief and Education for Alien Minors (DREAM) Act (S 1545) would permit the estimated 50,000 to 60,000 unauthorized foreigners who graduate from US high schools each year, and have lived in the United States for at least five years, to apply for legal resident status. DREAM also would eliminate provisions of current federal law that discourage states from providing in-state tuition to undocumented college students; it has been pending in Congress for several years.

Ricardo Alonso-Zaldivar, "Immigration Reform Is Off Front Burner," Los Angeles Times, March 24, 2004. Ann M. Simmons, "Guest-Worker Plan Has Scammers Busy," Los Angeles Times, March 13, 2004. Richard Boudreaux and Maura Reynolds, "Bush-Fox Talks Yield Easing of Travel, Work Rules," Los Angeles Times, March 7, 2004.