Thread: La Raza explanation of S.1348, translated from Spanish

La Raza explanation of S.1348, translated from Spanish

The Senate proposal: "Safe Border, Economic Opportunity and the Reform of Immigration 2007"
- 23 of May of 2007

WHAT DOES THIS MEAN FOR ME AND MY COMMUNITY?

There is a new immigration law?

No. There is not a new immigration law, but a new proposal that was introduced for consideration by the Senate. The new proposal, "Safe Borders, Economic Security and Immigration Reform 2007" (S. 134 will be the object of debate and voting in the Senate. Once the Senate concludes its debate, a different proposal of immigration reform will be the object of debate and voting in the House of Representatives. Further on, both versions will go through a process of reconciliation in a conference committee before the President can sign the measure, turning it into law. During the debate in the Senate and the House of Representatives, the National Council of the Race (NCLR, by its English abbreviation) will be working to manage changes in parts of the measure to improve it for the Latin community.

I must give money to a notary to begin the process to apply?

No. Do not trust any notary who says that a new process exists to ask for work permission or to change one's migratory status, if you are undocumented. A new process of request will not be implemented after the firm piece of legislation journeys through all the process and by the President. Nevertheless, yes, one would have to begin to collect all documents, receipts, invoices and any other evidence that can contribute to prove that you have been living and working in the United States. Also, one would inventory all the places in which one has lived and the schools which his children have attended.

What differences are there between the new Senate proposal and the proposal that the House of Representatives approved last year (H.R. 4437, the Sensenbrenner bill)?

There are many differences between "Safe Borders, Economic Opportunity and the Reform of Immigration 2007" and H.R. 4437. The Sensenbrenner bill was not a measure of comprehensive immigration reform. It was a punitive measure with severe penal dispositions. The Senate proposal represents the departure point of a debate to reform the present insolvent [failed?] system of immigration. It includes:
(1) a program that allows the undocumented immigrants who were in the United States before the 1st of January of 2007 to obtain a work visa and to possibly become legal permanent residents;
(2) a new visa program for workers who will come in the future to the U.S.A.;
(3) a reduction in the long list of relatives awaiting visas; and
(4) other important changes to our familiar system of immigration.

The bill would allow workers to legalize their migratory status?

Yes. If this bill becomes law, if you arrived at the U.S.A. before the 1st of January of 2007 and fulfill other requirements, you could solicit. This proposal would establish a new visa program (the Z) for undocumented immigrants and spouses and children, which will be valid for eight years, and later he is allowed to apply for permanent legal residence or its "green card". The program would offer him a visa so that he could work and travel, and it would protect him from deportation.

What are the requirements which undocumented people must fulfill to normalize their immigration status by means of a Z visa?

Under this proposal (which could change), they would have:
* To prove that they have lived in the United States continuously from or before the 1st of January of 2007.
* To demonstrate that they were employed in the U.S.A. from before the 1st of June of 2007 and that they have been employed since then (and to present related documentation).
* To undergo an investigation of records and to obtain a positive result.
* To pay a fine of $1,000, a position of $500 of impact to the state, and other tariffs of the request.

Then, at the moment, undocumented people will be able to ask for a green card under a Z visa?

Yes. This bill allows the immigrant described here and his wife and children an opportunity to possibly ask for legal permanent resident status (a green card) and for citizenship. There are many people who have been hoping for many years to obtain legal permanent residence (the green card). Before any immigrant described here could obtain permanent legal residence, all the immigrants who have been waiting for their green card would have to obtain it. This process would take nearly eight years. Then those that have Z visas can begin to obtain green cards.

There are other requirements that a person with a Z visa will have to satisfy to ask for the green card?

One will have:
* To fulfill the work requirements (to stay employed) during the eight years immediately before the request for adjustment of immigration status.
* To pay a $500 impact position to the state.
* To pay a fine of $4,000 more requested tariffs (the children are exempt from this fine)
* To undergo criminal investigation and of security.
* To demonstrate registration for military service (if he applies).
* To satisfy the requirements of a command of English, and the other civil requirements.
* To undergo a medical examination.
* To prove that you have paid all the [payroll] contributions while working with a Z visa.
* At some time during the eight years using a Z visa, the main applicant for the green card must return to his country of origin and request his green card in the American consulate.

How would the proposal affect my ability to solicit to bring a member of my family to the U.S.A.?

The proposal makes significant changes to the system of immigration based on familial bonds. It would reduce the period of delay for their requests before May of 2005 to bring members of the family. But in the future, the children and the adult brothers of American citizens would no longer be designated to obtain the green card. In addition, there would be fewer visas available for parents of American citizens; many parents would have to use a visitor visa to come to the U.S.A.. NCLR and many other organizations are against these new dispositions and are jeopardizing [the bill?] so as to work to change them before the bill becomes law.

What is the system of points or based on merit?

The proposal would change the system of legal immigration when creating a new system of points for whoever wishes to immigrate to the U.S.A., to work, or to meet with relatives. The system would credit points to potential immigrants according to their occupation, employment experience, education and knowledge of the English language. In addition, it credits points to the people who have certain types of family relations (adult son of a permanent legal resident or American citizen, brother of a citizen) for which they are no longer eligible for visas under the system of family immigration. Only individuals that accumulate sufficient points could obtain a green card. NCLR and many other organizations worked to fix this system of points and to maintain immigration based on family relations.

The proposal includes a program for temporary workers? How would they qualify in the program?

Yes. This proposal would create a new (y) visa that would allow that person who has a job, who has undergone investigation of one's criminal file and a medical examination, and has paid a tariff of $500, to ask for legal entry to work in the U.S.A.. The visas would have a life of two years, and they could be possibly renewed for two more years, as long as the worker lived outside the U.S.A. for a year between each two year extension. The family of a worker could accompany him, with conditions. If a worker remains in the U.S.A. for more time than allowed by his visa, he could not obtain immigration benefits in the future. A worker could not be without employment for more than 60 days. Otherwise, he or she would not be allowed to remain in the U.S.A. legally. Unfortunately, most of the persons with visas would not be eligible to ask for a green card, and they could not remain permanently in the U.S.A.. This disposition is very controversial and can change in the course of the legislative process. NCLR is one of many organizations who are working to make sure that the program provides a long term route for American citizenship.

What rights would the workers with a Y visa have?

The visa would belong to the worker and not to his employer. This means that, if the worker is not satisfied with his work, he or she can change employers and choose one that satisfies the demanded requirements for employing workers with visas. The workers would have the same labor protections that any American worker has, which implies that the employer would have to follow all the related regulations for health, occupational security, and wages. It also means that these workers would have the right to organize themselves. In addition, the employer will have to pay the higher of the wage that it pays to other workers who do the same work, or what is known as the "prevailing wage" or the standard wage paid for a certain type of work in a field.

How would my future employers investigate my work permit?

This proposal would establish a new electronic system of employment verification (Electronic Employment Verification System, EEVS, by its English abbreviation) to determine if a worker is eligible to work in the U.S.A.. All the workers, including the American citizens, would have to be verified through this system. This disposition also could change in the course of the legislative process. It is important to make sure that the workers are protected from errors of the system.

Are they including the "AgJOBS" law (related to agricultural workers) and the "DREAM" law (related to individuals who arrived at the U.S.A. at the age of students) in this Senate bill?

Yes. Both projects are within "Safe Borders, Economic Security, and the Reform of Immigration 2007", although both underwent changes due to directed efforts to harmonize them with the general architecture of the immigration proposal. The agricultural workers would have their own program of legalization. The individuals that arrived in the U.S.A. as children before the 1st of January of 2007, who are less than 30 years of age at the moment, who have graduated from high school and who do university studies or enter the military service, would have a greater access to state resident tuition rates, to federal loans and the training program and work, and mainly, they would be assured of a mechanism to obtain citizenship.

If this bill has so many controversial points, why are the spokesmen, activists, and defenders of immigrant rights pressing the Congress to approve it?

All the evidence suggests that this year we are assured of the highest probability of obtaining approval of a bill for comprehensive immigration reform that legalizes the undocumented immigrants who are in the United States today. To NCLR, many of the dispositions of this bill trouble us, and, therefore, we will work to improve them as it advances in the legislative process. Nevertheless, we think that this bill constitutes a fundamental point to begin with. If the Senate does not approve it, we do not see how we could push immigration reform some.

And now what?

The Senate will debate this measure during the first week of June. The senators will vote to make amendments to the bill, some of which will have the objective of responding better to the needs of the immigrants and others of which will try to make it more severe towards the immigrants. One hopes that the House of Representatives brings its own version to the plenary session in the summer. If the House approves a separate bill, members of the House and members of the Senate will meet to reconcile the differences between the two versions. This would be another point in the process where the proposal could change. Please, stay in communication with the organizations which you trust to inform you about what is happening and about how to participate in the process. NCLR will maintain the information daily on their Web page.

Thank you for this! I sent a copy of this to our Radio Talk Show Hosts in So. Calif! I hope they will be as outragged by it as I am and make it a talking point sometime this week on their shows!

Ok OK Ok
i cant even tell you why I want to read anything put out buy the
Anti American Larasa,
But I did catch the part that said make it more severe twords the criminals

These people make me sick!!



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