THE CANDIDATES' IMMIGRATION PLANS AT A GLANCE

As a presidential candidate, John McCain advocates immigration reform in two stages: first securing America's borders and then pursuing a variety of changes to the law. These include establishing an employment verification system and prosecuting "bad actor" employers, creating "market-based" work visa programs, and providing undocumented immigrants a path to legal residence.

Barack Obama proposes simultaneously tightening security on the Mexican border while encouraging undocumented aliens to "come out of the shadows" and eventually have the opportunity to gain citizenship. Employers would have to verify the immigration status of their hires or face penalties, but Obama would also reform at least some of the work visa programs.

THE MCCAIN AGENDA, IN DETAIL

John McCain has laid out a specific, two-stage approach to immigration reform.

First he would spend lavishly to secure the borders, erecting "physical and virtual barriers" and deploying to the frontier unmanned aircraft and U.S. Attorneys alike. (The word "secure" occurs frequently in McCain's agenda, usually in proximity to "border.") Only then would he tackle "Comprehensive Immigration Initiatives." These include:

*Resolving the status of undocumented immigrants who must "either leave or follow the path to legal residence." These days, McCain and his team no longer describe the outcome as "citizenship" -- the most recent use of the phrase "path to citizenship" by the campaign that Inc.com could find on the McCain website occurs in a June 2007 speech. "Criminal aliens" will be prosecuted and deported; those who remain must learn English, pay a fine and back taxes, and pass a citizenship course. Even so, no illegal immigrant will get a green card ahead of those waiting legally outside the country. "If the path to citizenship we offer them is 'special,' it is because it is harder, longer, and more expensive than the path offered to those immigrants who come here legally," McCain said in that 2007 speech. "The process could take as long as 13 years and will cost them thousands of dollars."

*An Electronic Employer Verification System to check the immigration status of new hires instantly. (The system would be "user-friendly" and rely on a "limited set of secure documents that contain biometric data.") According to his website, "John McCain will use this new system in conjunction with other Department of Homeland Security resources to identify and aggressively prosecute employers that continue to hire illegal immigrants."

*Reformed work visa programs. McCain would establish caps for the H-1B (for high-skilled temporary workers) and H-2B (for low-skilled seasonal workers) visas that rise and fall according to market demand. The McCain campaign has not indicated whether it believes the cap on H-2B visas should for the moment rise or fall, but McCain supports increasng H-1B visas. He also appears willing to loosen the rules for high-skilled people. High skilled workers with U.S. training and education would be able to work in the U.S. after graduating. McCain would make more green cards available to the H-1B pool, and those with H-1B visa holders could renew their status while waiting for a green card.

For non-skilled workers, McCain would offer "protection to guard against employer abuses" and "allow for appropriate visa renewals," as well as "a limited number of green cards to reflect the small number of workers that may wish to remain in the United States permanently." For both skilled and unskilled work, McCain would ensure U.S. citizens "adequate opportunity to apply for available positions." McCain would also retool the H-2A visa program for temporary farm workers.

Pressed for specifics about the employment verification and work visa reform elements of his platform, a McCain spokesman responded that "many of these details will be worked out in the legislative process."

The McCain Record: Making border enforcement a priority over other elements of immigration reform is a turnabout for John McCain, who until recently favored "comprehensive" immigration legislation that simultaneously improved security, reformed visa programs, and created a path to citizenship for undocumented immigrants. In 2006, on the Senate floor, he criticized "enforcement first" measures as "an ineffective and ill-advised approach." Several times he cosponsored legislation (frequently called the DREAM Act) to make it easier for undocumented children to stay in the country, get higher education benefits, and ultimately become citizens. And in 2005, he famously introduced a comprehensive immigration reform bill with Senator Ted Kennedy. He has since repudiated his position on both bills. In a Republican presidential debate last January he explained why: "The people want the border secured first."

THE OBAMA AGENDA, IN DETAIL

Barack Obama would increase legal immigration and encourage those here illegally to "get right with the law." Immigrants in good standing could "pay a fine, learn English, not violate the law, and go to the back of the line for the opportunity to become citizens." Foreign-born soldiers who've fought overseas would have a fast-track toward citizenship.

At the same time, Obama pledges to "preserve the integrity of our borders," and would deploy additional "infrastructure" and law enforcement agents "equipped with better technology and real-time intelligence."

Employer checks: Obama, as does McCain, supports an Electronic Employment Verification System and promises to "crack down on employers that hire undocumented immigrants." The campaign offers no details, but in 2007 Obama joined other senators in attempting to amend immigration legislation with a proposal on employer verification. Obama's amendment had some features that small business advocates like: For one thing, it wouldn't hold a firm liable for the behavior of a contractor or subcontractor, and it carved out exceptions for firms acting in good faith. On the other hand, it would have levied steep civil fines that rise quickly from $5,000 for the first violation to $75,000.

Work visa programs: Obama seeks unspecified "improvements" in U.S. visa programs. Like McCain, he would "allow immigrants who earn their degrees in the U.S. to stay, work, and become Americans over time." He would also "examine our ability to increase the number of permanent visas we issue to foreign skilled workers" -- perhaps, he told TechCrunch, in place of "a stopgap increase in the number of H-1B visas." He appears to express ambivalence about that program, noting that 42.5 percent of new H-1B arrivals have just a bachelor's degree or its equivalent. "We can and should produce more Americans with bachelor's degrees that lead to jobs in technology."

The Obama Record: Though Obama's plan embraces both border enforcement and a path to citizenship, the Democratic candidate emphasizes the path to citizenship on the stump and this is also reflected in his legislative record. In 2007, he co-sponsored the DREAM Act, which would make it easier for undocumented children to stay in the country, get higher education benefits, and ultimately become citizens. "His voting record would tilt in favor of illegal immigrants and away from enforcement," says Ira Mehlman of the Federation for American Immigration Reform, which supports restricted immigration. In 2007, Obama voted for several amendments to the comprehensive immigration bill that sought to limit temporary visa programs. "More often than not, the Democrats, because of their ties to labor, have been reluctant to approve these various types of guest worker programs," says Mehlman.

WHAT THE EXPERTS SAY ABOUT THE PLANS

There's no consensus among economists about whether immigrants fill jobs Americans won't take, or simply drive down wages here. There does seem to be agreement among policy analysts that past efforts at immigration reform have not stemmed the tide of the undocumented. In particular, the Immigration Reform and Control Act of 1986 coupled stricter enforcement with amnesty, and those who favor restricting immigration attack the McCain-Kennedy bill for repeating past mistakes. Says FAIR's Mehlman: "based on history, we know that the enforcement provisions would actually never have been enforced."

Business advocates have come to accept electronic employment verification systems, but the National Federation of Independent Business, among others, favors certain provisions to limit the small firms' exposure, including a safe harbor to protect employers from the actions of contractors or subcontractors, an exemption from punishment for a firm violating the laws in good faith, and smaller fines for smaller businesses. The legislation Obama proposed met some of these objectives; McCain has not yet detailed his employment verification plan.


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