HispanicVista Columnists

Immigration… Here We Come

By Erika Robles/HispanicVista.com
June 20, 2005

I couldn't believe my eyes when I came across the "Secure America and Orderly Immigration Act" bill, introduced in both the House and Senate on May 12, 2005. To my surprise, John McCain (R-AZ) is sponsoring this bill, along with Ted Kennedy –which did not surprise me at all.

There are so many positive sections in this bill –and therefore controversial- that makes me wonder if it's ever going to pass. In the Senate, the bill might move more efficiently, as there is more interest in discussing the topic. On the other hand, in the House, the process might take longer as they are not as willing to hold a debate on the issue there.

Nevertheless, the bipartisan effort is the first step that had to be made if a change ought to happen in the future. The bill sets realistic immigration improvements while adding tougher penalties for workers and employers who do not comply with the law.

Title III of the bill would create a new category of visas for migrants to enter the country (H5-A visa) to work if they have a job offer from a company in the US. The valid would be valid for three years, with the possibility of renewing it for another 3. The difference between this new kind of Visa and the last guest worker program –the Bracero program- from the 80s is the rights and protections they will receive under this new guest worker program. The worker will be able to change jobs -if for example a better opportunity comes along, or they don't like the way they were treated or they simply don't like their work. This enables them to enjoy the same rights and protection as American workers and would avoid the exploitation that happened during the Bracero program. If the migrant is unemployed for 60 days or more, they must return to their home country. However, the visa would still be valid if they get a job offer while they are back home. One of the many positive aspects of this section is the fact that these migrants would be permitted to travel without any restrictions, allowing them to keep close ties with their families. Furthermore, after 4 years of being in the program, a migrant could apply for permanent residency and after 5 years of being legal permanent residents –under the current Immigration Law- they could become U.S. Citizens if they pass the required English and American Civics tests.

Anti-immigrant advocates would argue that this program would endanger U.S. national security. However, both temporary workers coming from abroad and those already here would have to go through an array of sophisticated security and background checks to screen out criminals and anyone who could endanger the U.S.

They would also argue that temporary workers would undercut American workers by taking their jobs. However, according to the Pew Hispanic Center, American businesses create some 485,000 jobs a year for immigrant workers. However, under the current unrealistic system, immigration law provides visas for only 5000 workers of this kind.  These workers are essential for the economy to continue growing. Without them, many industries –such as agriculture, food-producing- hospitality-construction- would be tremendously affected.

Study after study shows that Americans workers do not generally compete with the jobs immigrants go for. American workers don't generally want the low-paying, low-skilled jobs immigrants come here to do.

Furthermore, this section also mandates employers who are considering employing such workers, that they should first try to hire a U.S. worker. They would have to advertise for the position for two weeks and if an American applicant qualifies for the position, the employer should hire him before he hires an immigrant.

There are many other sections under this bill that make a lot of sense while making sure immigrants get rights and protections. It is a bill that will create a lot of controversy and will gain critics all around. However, if those critics actually read the bill, they would find that it is the best possible solution –from all sides- for an issue that needs to be resolved soon.
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Erika Robles, a contributing columnist to HispanicVista.com (www.hispanicvista.com),  is a writer and translator now living in Eugene, Oregon. She was educated in Mexico City; London, England; and Melbourne, Australia. Contact at: erobleswords@yahoo.com     Web page: http://www.geocities.com/oakspublishing