Immigration Reform Stalls In Senate

April 14, 2006

The U.S. Senate was unable to reach an agreement on comprehensive immigration reform before leaving Friday, April 7, for a two-week recess. Before the recess, a compromise bill proposed by Senators Chuck Hagel (R-Nebr.) and Mel Martinez (R-Fla.) was garnering growing support, but the Senators were unable to come to an agreement on the procedures necessary to move forward, especially concerning the over 400 proposed amendments to bills sponsored by Senate Majority Leader Bill Frist (R-Tenn.) and Senate Judiciary Committee Chair Arlen Specter (R-Pa.).

The compromise would have replaced the Senate Judiciary Committee bill’s provisions for those who are in the United States without proper status with a system would split the group into three parts based on how long they have been in the country. Those who have been here more than five years would have the opportunity to apply for temporary status while present in the country, with the possibility to apply for a green card status and, later, citizenship. Those here between two and five years would be required to depart the United States to apply for temporary status. Only the principal applicant would be required to depart, without any requirement on how long the applicant would be required to be outside the United States, the unlawful presence bars would not apply, and the application for status would take place in the United States. For those who had been in the United States for less than two years, there would be no special program. They would be required to apply for any status outside the United States under the current system or under a new guest worker program. All of the other provisions, such as those for international student and skilled workers, remained the same as in the committee’s bill.

During the recess, much discussion and negotiation is taking place regarding how the Senate should proceed once it returns. It is uncertain whether the Senate will take up the stalled bills or if there will be a delay, possibly until after the November elections.

It is important to remember that any bill that is successful in the Senate would need to go to conference with the bill that has passed in the House. This bill (H.R. 4437), sponsored by Representative F. James Sensenbrenner (R-Wis.), is an “enforcement–only” bill that does not include provisions for international students or skilled workers. In recent days, there has been some public discussion of ameliorating the harshest provisions of the House bill, such as making it a crime to be in the country without status, at the next step in the process.

NAFSA continues to advocate for NAFSA members’ interests as the immigration reform debate continues.

To help play an advocacy role, sign up for the grassroots advocacy team, ACT, and indicate “immigration reform” as one of your areas of interest, if you have not already done so.