A Closer Look at Immigration Reform Legislation in the New Year

By Mary Giovagnoli

Everyone pulled out the sports analogies last week when Congressman Luis Gutierrez and his 91 co-sponsors introduced H.R. 4321, the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009—and rightly so, as this bill marks the opening bell in the 2010 immigration debate. It is not only the first major piece of comprehensive reform legislation introduced in the 111th Congress, but the first since the last debate on immigration reform, which took place in May and June of 2007 in the Senate.

But CIR ASAP also marks the end of a year that has been filled with movement on immigration reform. Most of it was not legislative, but reflected instead the change in Presidential administrations. Among the key developments:

-Janet Napolitano, governor of Arizona, an outspoken supporter of the comprehensive immigration reform and smart enforcement strategies, was named Secretary of the Department of Homeland Security. She immediately called for review of enforcement programs that were highly criticized, including 287(g), E-verify, and worksite raids. This review ultimately led to major reforms in detention practices, an end to the massive worksite raids of the past, and a revamping of 287(g).

-President Obama reaffirmed his commitment to CIR over and over again, most notably by calling a White House summit of key Congressional leaders in May, naming Napolitano as his point person for getting reform done. Other cabinet leaders have been pulled into the effort, too. Secretary of Labor Hilda Solis, speaking at the Center for American Progress last week noted that cabinet secretaries and their staff are meeting weekly to coordinate administration efforts on reform.

-The President’s budget included a request for appropriated funds for USCIS, to pay for the costs of processing, asylum refugee, and military naturalization applications. Although Congress ultimately appropriated only a small portion of those funds, the mere fact that the administration recognized the need to revisit current fee structures (in which the agency must fund its operations almost exclusively through fees), marked a major policy departure, and the glimmer of true fee reform.

Still, there’s no denying the significance of the 644 page legislative package introduced last week. While it is a product of 2009, many of the proposals, including detention reforms and family reunification proposals, reflect tremendous work over the years by many of the co-sponsors—including Reps. Woolsey, Roybal Allard, Honda, Grijalva, Reyes, and Berman—while other sections incorporate legislation from Senators Menendez, Durbin, and former Senator Obama. As with all legislation of this type, it is a compilation of new and old ideas, woven together to reflect both a prescription for immigration policy and a plan for bringing along votes.

Does this mean that CIR ASAP is merely a marker bill, one designed to throw down the gauntlet, but not to move? Not exactly. Senator Schumer, as head of the Senate’s immigration subcommittee, and Congresswoman Lofgren, chair of the House Immigration subcommittee, are both expected to champion their own legislative packages in the coming year. It’s anticipated that Sen. Schumer will introduce his own comprehensive package early in 2010, which is likely to change significantly as it goes through committee, and then through the whole Senate. Assuming Senate passage, then the House will have to decide whether to simply take up the Senate bill, introduce a new package, or take CIR ASAP and its fellow proposals (and there will be more, it’s the nature of the game) through committee markups and so forth. So, it’s hard to tell what everything will look like by the time a bill hits the president’s desk. But CIR ASAP contains a number of viable solutions, and the final package will no doubt reflect some of those ideas—and hopefully some of the passion that infuses the bill.

So, while CIR ASAP may be the beginning of an era, it is also the end of a period of transition. The administration has made its position pretty clear. A big chunk of the House has now, too. The next move is Senator Schumer’s—and then the real games begin.

Comprehensive Immigration Reform to be Introduced December 15

Comprehensive Immigration Reform to be Introduced December 15

December 11, 2009

FOR IMMEDIATE RELEASE
(Washington D.C.) On Tuesday, December 15, Congressman Luis V. Gutierrez (D-IL) will introduce new legislation, the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP), to the U.S. House of Representatives. Gutierrez will be joined by members of many different faiths and backgrounds, including the Congressional Hispanic Caucus, Black Caucus, Asian Pacific American Caucus and Progressive Caucus.

Who:
Rep. Luis V. Gutierrez (IL-4), Chair of the Congressional Hispanic Caucus Immigration Task Force

Rep. Nydia M. Velázquez (NY-12), Chair of the Congressional Hispanic Caucus

Rep. Yvette D. Clarke (NY-11), Whip of the Congressional Black Caucus

Rep. Mike Honda (CA-15), Chair of Congressional Asian Pacific American Caucus

Rep. Lynn Woolsey (CA-6), Co-Chair of the Congressional Progressive Caucus

Rep. Judy Chu (CA-32)

Rep. Joseph Crowley (NY-7)

Rep. Pedro R. Pierluisi (PR-At large)

Rep. Jared Polis (CO-2)

Rep. Jan Schakowsky (IL-9)

Rep. Jose E. Serrano (NY-16)

Other Members of Congress

What:
Introduction of Comprehensive Immigration Reform Legislation

When:
12:30 pm, Tuesday, December 15, 2009

Where:
Room 2220, Rayburn House Office Building

"We have waited patiently for a workable solution to our immigration crisis to be taken up by this Congress and our President," said Rep. Gutierrez. "The time for waiting is over. This bill will be presented before Congress recesses for the holidays so that there is no excuse for inaction in the New Year. It is the product of months of collaboration with civil rights advocates, labor organizations, and members of Congress. It is an answer to too many years of pain —mothers separated from their children, workers exploited and undermined security at the border— all caused at the hands of a broken immigration system. This bill says 'enough,' and presents a solution to our broken system that we as a nation of immigrants can be proud of."

Testimony on "Oversight of the Department of Homeland Security"

In testimony before the Senate Judiciary Committee yesterday, DHS Secretary Janet Napolitano reiterated the Obama Administration’s plan to push for Comprehensive Immigration Reform legislation early next year.

...Finally, we look forward to working with you on immigration reform. The President is committed to that. He is committed to reform that includes serious, effective and sustained enforcement, that includes improved legal flows for families and workers, and a firm way to deal with those already illegally in the country.

We need to demand responsibility and accountability from everyone involved. The Department of Homeland Security, our law enforcement partners, businesses who must be able to find the workers they need here in America, and immigrants themselves as we enforce the law moving forward.

So I look forward to working with you, Mr. Chairman and Senator Sessions and others on this Committee to develop a path forward early next year to reform the immigration system as a whole.

In Commemoration of Human Rights Day 2009

December 9, 2009
From FCNL: In Commemoration of Human Rights Day 2009

Hello all,

Becca Sheff at FCNL, the organization I used to work for, wrote this article which was published in yesterday’s E-News. She makes a powerful argument that health is a human right as she discusses why immigrants should be included in the final heathcare reform bill.

Much of what she says also rings true to my work here in Burundi. Check it out:

Health is a state of complete physical, mental and social well-being, and not merely the absence of disease or infirmity. ~World Health Organization, 1948

If you don’t have your health, then almost nothing else matters. From the smallest of injuries to grave illnesses, poor health disrupts daily life and can threaten your livelihood or even your survival. What so many of us take for granted – a healthy body, access to health care, and an environment conducive to good health – remains inaccessible for many of today’s immigrants.

This Thursday, December 10, is Human Rights Day, which commemorates the 61st anniversary of the creation of the Universal Declaration on Human Rights. This year, as health care reform advances in Congress and immigration reform is around the corner, let’s take a moment to consider whether immigrants deserve to be in good health.

This should seem like a no-brainer, right? Of course immigrants deserve to be healthy, just like everyone else. But this notion, that people have rights based on their common humanity, is actually not yet well accepted in the United States. It is time for the U.S. government to recognize that the right to health is an essential and basic human right.

Immigrants face multiple barriers to good health. Conflicts abroad can force them from their homelands, sending them on a circuitous journey across national borders with few resources. Environmental destruction can dry up wells, destroy crops, and send people out in search of a better life. Economic disparities and governmental policies can deny immigrants and other marginalized populations access to basic health care even when it is widely available to the rest of the population.

The premise of human rights like the right to health is that people deserve to live with a certain level of dignity, and if they are unable to achieve that on their own, then their government will step in and help them out. Human rights law is a way of holding governments responsible to their people.

International human rights law clearly supports health as a human right. The Universal Declaration on Human Rights and the International Covenant on Economic, Social, and Cultural Rights both state that all peoples have the right to a standard of living that promotes physical and mental health and well-being. In addition, the United States, as a signatory to the Charter of the Organization of American States, is committed to development efforts that promote a healthful life for all.

But how do these international commitments translate on the ground?

If the state of the current health reform legislation is any indicator, then the United States has a long way to go in ensuring that all of its residents – including immigrants – have access to adequate health care. Even with the upcoming reforms, immigrants face significant and unfair restrictions. Undocumented immigrants may not be able to buy coverage in the health insurance exchange even with their own money. Immigrants with green cards, who are in the country legally, would still face a 5-year ban for Medicaid.

From a public health standpoint, it just makes sense to want as many people as possible to have good access to health care. Healthy people make for healthy and productive communities. This is a common-sense solution to a shared problem. From a human rights standpoint, immigrants deserve health care coverage just as much as anyone else.

But the broken U.S. immigration system prevents immigrants from demanding their rights. Undocumented immigrants, unable to adjust their legal status, are particularly at risk of human rights abuses.

One of the most prominent sites of human rights abuses is the immigration detention system. The Department of Homeland Security will detain more than 440,000 immigrants annually by the end of 2009. Most of these immigrants are non-criminal and are suspected only of immigration violations, yet they are detained in jail-like settings and routinely denied access to basic and timely health care. Cases have been documented in which regularly taken medication was withheld, follow-up treatment for cancer was denied, and sick call requests were ignored. At least 104 immigrants have died in detention since 2003. This is unacceptable.

Just about everyone agrees that the U.S. immigration system is broken and needs fixing. Immigrants and their families need workable solutions that make it possible to live with dignity, in a way that is consistent with this country’s values of equality and opportunity. Health is an essential part of this equation.

In honor of Human Rights Day and in recognition of health as a human right, Congress should include immigrants in the final health reform bill and work toward passing humane and comprehensive immigration reform in early 2010.