Transcript: Bipartisan Framework for Comprehensive Immigration Reform

Jordan Fabian, January 28, 2013    abcnews.go.com

From Senators Chuck Schumer, John McCain, Dick Durbin, Lindsey Graham, Robert Menendez, Marco Rubio, Michael Bennet, and Jeff Flake

Introduction:

We recognize that our immigration system is broken. And while border security has improved significantly over the last two Administrations, we still don't have a functioning immigration system. This has created a situation where up to 11 million undocumented immigrants are living in the shadows. Our legislation acknowledges these realities by finally committing the resources needed to secure the border, modernize and streamline our current legal immigration system, while creating a tough but fair legalization program for individuals who are currently here. We will ensure that this is a successful permanent reform to our immigration system that will not need to be revisited.

Four Basic Legislative Pillars:

1. Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing our borders and tracking whether legal immigrants have left the country when required;

2. Reform our legal immigration system to better recognize the importance of characteristics that will help build the American economy and strengthen American families;

3. Create an effective employment verification system that will prevent identity theft and end the hiring of future unauthorized workers; and,

4. Establish an improved process for admitting future workers to serve our nation's workforce needs, while simultaneously protecting all workers.

1. Creating a Path to Citizenship for Unauthorized Immigrants Already Here that is Contingent Upon Securing the Border and Combating Visa Overstays

- Our legislation will provide a tough, fair, and practical roadmap to address the status of unauthorized immigrants in the United States that is contingent upon our success in securing our borders and addressing visa overstays.

- To fulfill the basic governmental function of securing our borders, we will continue the increased efforts of the Border Patrol by providing them with the latest technology, infrastructure, and personnel needed to prevent, detect, and apprehend every unauthorized entrant.

- Additionally, our legislation will increase the number of unmanned aerial vehicles and surveillance equipment, improve radio interoperability and increase the number of agents at and between ports of entry. The purpose is to substantially lower the number of successful illegal border crossings while continuing to facilitate commerce.

- We will strengthen prohibitions against racial profiling and inappropriate use of force, enhance the training of border patrol agents, increase oversight, and create a mechanism to ensure a meaningful opportunity for border communities to share input, including critiques.

- Our legislation will require the completion of an entry-exit system that tracks whether all persons entering the United States on temporary visas via airports and seaports have left the country as required by law.

- We recognize that Americans living along the Southwest border are key to recognizing and understanding when the border is truly secure. Our legislation will create a commission comprised of governors, attorneys general, and community leaders living along the Southwest border to monitor the progress of securing our border and to make a recommendation regarding when the bill's security measures outlined in the legislation are completed.

- While these security measures are being put into place, we will simultaneously require those who came or remained in the United States without our permission to register with the government. This will include passing a background check and settling their debt to society by paying a fine and back taxes, in order to earn probationary legal status, which will allow them to live and work legally in the United States. Individuals with a serious criminal background or others who pose a threat to our national security will be ineligible for legal status and subject to deportation. Illegal immigrants who have committed serious crimes face immediate deportation.

- We will demonstrate our commitment to securing our borders and combating visa overstays by requiring our proposed enforcement measures be complete before any immigrant on probationary status can earn a green card.

- Current restrictions preventing non-immigrants from accessing federal public benefits will also apply to lawful probationary immigrants.

- Once the enforcement measures have been completed, individuals with probationary legal status will be required to go to the back of the line of prospective immigrants, pass an additional background check, pay taxes, learn English and civics, demonstrate a history of work in the United States, and current employment, among other requirements, in order to earn the opportunity to apply for lawful permanent residency. Those individuals who successfully complete these requirements can eventually earn a green card.

- Individuals who are present without lawful status - not including people within the two categories identified below - will only receive a green card after every individual who is already waiting in line for a green card, at the time this legislation is enacted, has received their green card. Our purpose is to ensure that no one who has violated America's immigration laws will receive preferential treatment as they relate to those individuals who have complied with the law.

- Our legislation also recognizes that the circumstances and the conduct of people without lawful status are not the same, and cannot be addressed identically.

For instance, individuals who entered the United States as minor children did not knowingly choose to violate any immigration laws. Consequently, under our proposal these individuals will not face the same requirements as other individuals in order to earn a path to citizenship.

Similarly, individuals who have been working without legal status in the United States agricultural industry have been performing very important and difficult work to maintain America's food supply while earning subsistence wages. Due to the utmost importance in our nation maintaining the safety of its food supply, agricultural workers who commit to the long term stability of our nation's agricultural industries will be treated differently than the rest of the undocumented population because of the role they play in ensuring that Americans have safe and secure agricultural products to sell and consume. These individuals will earn a path to citizenship through a different process under our new agricultural worker program.

2. Improving our Legal Immigration System and Attracting the World's Best and Brightest

- The development of a rational legal immigration system is essential to ensuring America's future economic prosperity. Our failure to act is perpetuating a broken system which sadly discourages the world's best and brightest citizens from coming to the United States and remaining in our country to contribute to our economy. This failure makes a legal path to entry in the United States insurmountably difficult for well-meaning immigrants. This unarguably discourages innovation and economic growth. It has also created substantial visa backlogs which force families to live apart, which incentivizes illegal immigration.

- Our new immigration system must be more focused on recognizing the important characteristics which will help build the American economy and strengthen American families. Additionally, we must reduce backlogs in the family and employment visa categories so that future immigrants view our future legal immigration system as the exclusive means for entry into the United States.

- The United States must do a better job of attracting and keeping the world's best and brightest. As such, our immigration proposal will award a green card to immigrants who have received a PhD or Master's degree in science, technology, engineering, or math from an American university. It makes no sense to educate the world's future innovators and entrepreneurs only to ultimately force them to leave our country at the moment they are most able to contribute to our economy.

3. Strong Employment Verification

- We recognize that undocumented immigrants come to the United States almost exclusively for jobs. As such, dramatically reducing future illegal immigration can only be achieved by developing a tough, fair, effective and mandatory employment verification system. An employment verification system must hold employers accountable for knowingly hiring undocumented workers and make it more difficult for unauthorized immigrants to falsify documents to obtain employment. Employers who knowingly hire unauthorized workers must face stiff fines and criminal penalties for egregious offenses.

- We believe the federal government must provide U.S. employers with a fast and reliable method to confirm whether new hires are legally authorized to work in the United States. This is essential to ensure the effective enforcement of immigration laws.

- Our proposal will create an effective employment verification system which prevents identity theft and ends the hiring of future unauthorized workers. We believe requiring prospective workers to demonstrate both legal status and identity, through non-forgeable electronic means prior to obtaining employment, is essential to an employee verification system; and,

- The employee verification system in our proposal will be crafted with procedural safeguards to protect American workers, prevent identity theft, and provide due process protections.

4. Admitting New Workers and Protecting Workers' Rights

- The overwhelming majority of the 327,000 illegal entrants apprehended by CBP in FY2011 were seeking employment in the United States. We recognize that to prevent future waves of illegal immigration a humane and effective system needs to be created for these immigrant workers to enter the country and find employment without seeking the aid of human traffickers or drug cartels.

- Our proposal will provide businesses with the ability to hire lower-skilled workers in a timely manner when Americans are unavailable or unwilling to fill those jobs.

Our legislation would:

- Allow employers to hire immigrants if it can be demonstrated that they were unsuccessful in recruiting an American to fill an open position and the hiring of an immigrant will not displace American workers;

- Create a workable program to meet the needs of America's agricultural industry, including dairy to find agricultural workers when American workers are not available to fill open positions;

- Allow more lower-skilled immigrants to come here when our economy is creating jobs, and fewer when our economy is not creating jobs;

- Protect workers by ensuring strong labor protections; and,

- Permit workers who have succeeded in the workplace and contributed to their communities over many years to earn green cards.

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Talk About a Double Standard

By Fidel "Butch" Montoya

In Florida, Latino Marco Rubio, who is running as a Republican for the United States Senate has now come out against SB 1070, the Arizona racial and ethnic profiling law. Rubio who is being backed by conservatives and many Tea Party elite has allowed politics to play a major role in his decision to deport all undocumented immigrants and have nothing to do with “amnesty.”

Rubio at one point criticized SB 1070 and found the law strictly focused on racial profiling. One would have expected that a person whose parents were Cuban refugees and faced many of the same life experiences that many undocumented immigrants face today would stand against the intent of the Arizona law and the hate it creates.

Rubio who seems not to be able to find his place at the table of immigration reform originally was a fierce critic of SB 1070. Rubio claimed, “From what I have read in news reports, I do have concerns about this legislation. While I don't believe Arizona's policy was based on anything other than trying to get a handle on our broken borders, I think aspects of the law, especially that dealing with 'reasonable suspicion,' are going to put our law enforcement officers in an incredibly difficult position. It could also unreasonably single out people who are here legally, including many American citizens."

But Rubio who is considered the sweetheart of conservatives seems to now have now changed his opinion about SB 1070. He now claims the changes in the law have made it acceptable. Jason Mattera of Human Events interviewed Rubio after the changes were made.

In that interview Rubio said, “But right now, for the people of Arizona , this is not (from what I gathered) this is not even an immigration issue. This is a public safety issue. And the fact is that Mexican drug violence has tragically crossed over the border and into an American state and American cities. So I congratulate them on taking steps to clarify even further the intent of the law.” So the whole issue is not even an immigration issue.

Rubio pushed the issue even further by rejecting the whole concept of a “pathway to citizenship” or “amnesty.” He claims that despite all of the “human stories” about hardships faced by undocumented immigrants today, these stories mean nothing to the heartless Rubio.

“I understand the human stories that we’re going to...We’re gonna....There are going to be stories of very young kids that were brought to this country at a very young age who don’t even speak Spanish that are going to be sent back to Nicaragua or some other place. And it’s gonna feel weird and I understand that. The goal here is to have an immigration policy that works. And if you provide a path for people to enter this country illegally and if they stay here long enough and pay enough in taxes, well let them stay legally...why would anyone come in through the legal process?”

So who cares about young kids that were brought to this country at a very young age who don’t even speak Spanish that are going to be deported back to Nicaragua or some other place? Rubio doesn’t care about those young kids or the circumstances many of them faced when brought to this country.

Rubio, being Cuban and whose parents fled Castro’s Cuba many years ago seems to have forgotten the Cuban Adjustment Act of 1966, which still applies to any Cuban who basically touches US soil and are then permitted to remain here. No questions asked. No ICE investigations. No detention while status is determined. Just reach out and touch US soil and you are safe. But according to Rubio, that may be too much to provide any other group of people who also have “reached out and touched US soil.”

Legal experts will tell you that no other people from any other country than Cuba have these special rights, privileges, and special advantages.

The United States Coast Guard does deport any Cuban caught trying to enter the United States through the traditional escape route from Cuba, the Florida Straits.

The Houston Times reporting on this issue points out very clearly how Cuban immigrants are treated differently than other groups caught trying to cross the US border. “The agreement also led to the creation of a "wet foot/dry foot" policy. Cubans caught in the water are now taxied back to the island on Coast Guard ships. But, if Cubans can make it to U.S. soil, they can stay and seek legal ­residency.”

The Houston Times explains why Cubans are making the risky trek via Mexico . "Dry foot" Cubans technically enter the country on a one-year parole. At the end of that time, they are required to appear before an immigration judge to have their status upgraded to permanent residency.

The new phenomenon of Cubans crossing Mexico by land has given rise to a new term: "dusty foot.”

The Houston Times says this “policy has been widely criticized as hypocritical since its inception.”

From Mexico, Cubans make the trip up to the Texas border, where on the same day they cross, they are registered as "political asylees." From day one, no detention, no background investigation, or no ICE intimidation, but are given legal status to remain in the country.

The Houston Press reports that “The number of Cubans entering Texas has skyrocketed. About 11,500 crossed the border legally last year, almost all through Brownsville , which is three times the number that enter through Florida .”

Just maybe Rubio ought to go back and review his family heritage and see where changes in immigration law might be made. Maybe the Cuban Adjustment Act of 1966 ought to be changed so that it applies equally to all others who have reached out and touched US soil.

Rubio’s position on immigration reform is the real definition of a political hypocrite. A law that applies to “his people” by giving them special privileges to stay in the United States no questions asked, but who is willing for young kids who were brought here at a young age and don’t speak Spanish, to be deported back to a country they don’t even recognize or remember and even after listening to these stories, they do nothing to appeal to this man’s sense of humanity.

It is time that someone called Marco Rubio out as a hypocrite and that as a candidate for the United States Senate, his integrity and character are questionable. Rubio is merely a political hand puppet of the extreme conservatives and patrons of the Tea Party who would rather play politics with the issue of immigration than work for comprehensive reform.

For Rubio to back away from his earlier condemnation of the Arizona law, and now become a strong proponent of deporting young kids back where they came from and to ignore the special privileges afforded Cubans who leave Castro’s Cuba is simply hypocritical.

Marco Rubio is simply a disgrace to not only Cubans who have worked hard to attain their rightful place in our society as former refugees, but to others who seek the same American dream. Rubio ought to stop playing politics with the important issue of comprehensive immigration reform and work to find a resolution that meets the needs of so many people who merely only want a better life.

Even if his conservative supporters and Tea Party cohorts disagree with the fundamental core values of immigration reform, Rubio should remain true to the ideals of providing safe haven to all who seek freedom and security. Rubio might even stop and listen carefully to all the human stories that demand that our government immediately enact comprehensive immigration reform.

Rubio must understand the issue of comprehensive immigration reform is not a Republican or Democratic issue; it is about human stories of people seeking to find a better life free from many of the same issues why Cubans flee Cuba today.

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Fidel "Butch" Montoya is Director of H.S. Power and Light Ministries - Latino Faith Initiative. He was the Vice President/News Director of KUSA - TV Channel 9 News from 1985-1990, and worked at the news station for 24 years. Montoya also served as Deputy Mayor of City and County of Denver from 1995-1999; as the Manager of Public Safety for the City and County of Denver from 1994-2000. Montoya was Licensed to preach in 1972. He serves on the Executive Council for the Hispanic Coalition for Comprehensive Immigration Reform.