The Comprehensive Immigration Reform Act of 2011

Mona Shah & Associates Global Blog

The Comprehensive Immigration Reform Act of 2011

On June 22, 2011 Senators Menendez, Reid, Leahy, Durbin, Schumer, Gillibrand and Kerry introduced the Comprehensive Immigration Act of 2011 as a solution to our current broken immigration system. It has been argued that the bill proposes a comprehensive framework for lasting reform and offers an alternative to the enforcement-only bills that have previously been proposed by immigration restrictions.
The Comprehensive Immigration Act of 2011 proposes a series of realistic and practical solutions to the current system. It includes mechanisms to regulate the future flows of legal immigrants, enhance enforcement measures and a mandatory E-verify program, coupled with policies to address the current issue of undocumented workers, and integrating immigrants to American society.
To address the issue of the millions of undocumented workers currently living in the U.S., Senator Menendez proposes the creation of an immigration classification, which would confer Lawful Prospective Immigration (LPI) status. Applicants for this status would be required to submit biometric data, undergo security checks, and pay a fine. After six (6) to eight (8) years of this status, these applicants could then transition to Legal Permanent Resident (LPR) status (i.e. becoming green card holders) provided that they pay their taxes and additional fines, learn English and U.S. civics, as well as undergo additional background checks. Under this proposal these LPIs would have to wait behind those already in line for LPR status.
To continue regulating the future flow of legal immigrants to the U.S., the bill proposes the creation of a standing commission to study labor market and economic conditions to determine the number of employment-based visas that are needed. In an effort to support programs that facilitate immigrant integration, the bill supports enhanced policies to assist immigrants with learning English and providing grants for states that are able to successfully integrate new immigrants.
The above provisions of the bill are counterbalanced by enforcement measures such as establishing border enforcement triggers, which must be met before any illegal immigrant may apply for permanent residency, mandating the Department of Homeland Security (DHS) to track the departure of non-citizens as part of an effort minimize or eliminate visa overstays, and a mandatory E-verify program.
Senator Menendez’s bill has been touted as a collection of smart and balanced fixes fixes that account for not only the 11 million undocumented workers currently in the U.S., but also the structural failures in our system and gaps in enforcement.

~Peta-Gaye Ricketts/Aila

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