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  • Summary of Compromise Bill

    Hagel/Martinez Amendment

    Background:

    The Hagel/Martinez Substitute contains all the provisions of the Specter Amendment - including the border security, interior security and employer enforcement provisions from the Frist bill - but makes the following 3 changes:

    1. It proposes an alternative to Title VI, Subtitle A of the Specter substitute (which deals with the illegal population living in the U.S.)

    2. It temporarily increases the number of employment based green cards from 290,000 (as in the Specter Substitute) to 450,000. This increase from 290,000 to 450,000 would sunset after ten years.

    3. It would give mid-term illegal immigrants (defined below) priority in applying for green cards over future immigrants entering as temporary workers.

    The Hagel/Martinez Amendment is based on legislation (S.1919) introduced by Senator Hagel in October 2005.

    Provisions for Long-Term Illegal Immigrants:

    The Hagel/Martinez Amendment provides an opportunity for illegal immigrants who have been in the U.S. more than 5 years to adjust to legal status without leaving the country.

    Any illegal immigrant seeking to adjust to legal status under this program must first meet all of the following 8 requirements:

    1. Passed national security and criminal background checks
    2. Resided in the U.S. for at least 5 years;
    3. Worked a minimum of 3 years of the last 5 in the U.S.;
    4. Paid all federal and state taxes;
    5. Registered for Military Selective Service;
    6. Demonstrated knowledge of English language and American civics requirements;
    7. Paid a $2,000 fine, in addition to required application fees.
    8. Work for an additional 6 years after enactment to ensure that their status is not adjusted before those who are already in line.

    Provisions for Mid-Term Illegal Immigrants:

    The Hagel/Martinez Amendment also provides an opportunity for illegal immigrants who have been here less than 5 but more than 2 years to obtain a temporary work visa.
    These individuals would be subject to the visa requirements under current law (background checks, fees, paid taxes) and the requirements of the new temporary worker program created in the Specter substitute.
    Under the Amendment, these individuals would be required to exit the country.
    These immigrants would be fingerprinted and processed through the US-VISIT program at a land port of entry.
    Qualified individuals would be able to adjust to legal status over time and would be subject to the annual cap on green cards as increased in the Specter substitute. As noted above, they would be given priority in applying for green cards over future immigrants entering as temporary workers.

    Provisions for Short-term Illegal Immigrants:

    The Hagel/Martinez Amendment would bestow no benefits on any illegal immigrant who arrived in the last 2 years.
    Those here less than two years would be required to return to home and only then could apply for a temporary worker visa once back in their home country.
    This is the same treatment as provided under the Specter Substitute amendment.

    Line-jumping:

    Like the Specter substitute, the Hagel/Martinez Amendment requires illegal immigrants to go to the back of the line.

    Key Differences between Hagel/Martinez and the Specter Substitute:

    1. The Specter substitute allows almost all of the 11-12 million illegal who are here illegally to stay in the U.S. and adjust to legal status (green cards). The Specter substitute does not take into consideration how long these individuals have been in the U.S.

    The Hagel/Martinez Amendment only allows the illegal who have been here more than 5 years to stay in the U.S. and adjust to legal status. Those who have been here less than 5 years but more than two years would be required to exit the country and return through the a land port of entry with a visa.

    2. The Specter substitute provides a direct path to citizenship for every illegal immigrant living within our borders.

    The Hagel/Martinez Amendment creates a separate path for illegal immigrants who have been here less than 5 but more than 2 years. These individuals would have to meet the requirements of the new temporary worker program first. Over time, qualified individuals would have the chance to become citizens. The annual cap for green cards as defined in the Specter bill would apply.

  • #2
    Hagel/Martinez Amendment

    Background:

    The Hagel/Martinez Substitute contains all the provisions of the Specter Amendment - including the border security, interior security and employer enforcement provisions from the Frist bill - but makes the following 3 changes:

    1. It proposes an alternative to Title VI, Subtitle A of the Specter substitute (which deals with the illegal population living in the U.S.)

    2. It temporarily increases the number of employment based green cards from 290,000 (as in the Specter Substitute) to 450,000. This increase from 290,000 to 450,000 would sunset after ten years.

    3. It would give mid-term illegal immigrants (defined below) priority in applying for green cards over future immigrants entering as temporary workers.

    The Hagel/Martinez Amendment is based on legislation (S.1919) introduced by Senator Hagel in October 2005.

    Provisions for Long-Term Illegal Immigrants:

    The Hagel/Martinez Amendment provides an opportunity for illegal immigrants who have been in the U.S. more than 5 years to adjust to legal status without leaving the country.

    Any illegal immigrant seeking to adjust to legal status under this program must first meet all of the following 8 requirements:

    1. Passed national security and criminal background checks
    2. Resided in the U.S. for at least 5 years;
    3. Worked a minimum of 3 years of the last 5 in the U.S.;
    4. Paid all federal and state taxes;
    5. Registered for Military Selective Service;
    6. Demonstrated knowledge of English language and American civics requirements;
    7. Paid a $2,000 fine, in addition to required application fees.
    8. Work for an additional 6 years after enactment to ensure that their status is not adjusted before those who are already in line.

    Provisions for Mid-Term Illegal Immigrants:

    The Hagel/Martinez Amendment also provides an opportunity for illegal immigrants who have been here less than 5 but more than 2 years to obtain a temporary work visa.
    These individuals would be subject to the visa requirements under current law (background checks, fees, paid taxes) and the requirements of the new temporary worker program created in the Specter substitute.
    Under the Amendment, these individuals would be required to exit the country.
    These immigrants would be fingerprinted and processed through the US-VISIT program at a land port of entry.
    Qualified individuals would be able to adjust to legal status over time and would be subject to the annual cap on green cards as increased in the Specter substitute. As noted above, they would be given priority in applying for green cards over future immigrants entering as temporary workers.

    Provisions for Short-term Illegal Immigrants:

    The Hagel/Martinez Amendment would bestow no benefits on any illegal immigrant who arrived in the last 2 years.
    Those here less than two years would be required to return to home and only then could apply for a temporary worker visa once back in their home country.
    This is the same treatment as provided under the Specter Substitute amendment.

    Line-jumping:

    Like the Specter substitute, the Hagel/Martinez Amendment requires illegal immigrants to go to the back of the line.

    Key Differences between Hagel/Martinez and the Specter Substitute:

    1. The Specter substitute allows almost all of the 11-12 million illegal who are here illegally to stay in the U.S. and adjust to legal status (green cards). The Specter substitute does not take into consideration how long these individuals have been in the U.S.

    The Hagel/Martinez Amendment only allows the illegal who have been here more than 5 years to stay in the U.S. and adjust to legal status. Those who have been here less than 5 years but more than two years would be required to exit the country and return through the a land port of entry with a visa.

    2. The Specter substitute provides a direct path to citizenship for every illegal immigrant living within our borders.

    The Hagel/Martinez Amendment creates a separate path for illegal immigrants who have been here less than 5 but more than 2 years. These individuals would have to meet the requirements of the new temporary worker program first. Over time, qualified individuals would have the chance to become citizens. The annual cap for green cards as defined in the Specter bill would apply.

    Comment


    • #3
      where did you get those wording??

      Comment


      • #4
        The wording of this post was copied verbatim from the Senate Republican Conference website at
        http://src.senate.gov/

        Comment


        • #5
          Is there any kind off cut off date to determine the length of presence or is it based on enactment of the bill or introduction of the bill or some date. I think everyone here on the date of enactment of bill should be allowed to adjust without creating categories based on the length. All have broken the law why should people who have been here longer be given preference. All undocumented have broken the law so why creat categories. I guess its just to satisfy and keep the hawks happy and it increases the chance to pass the bill. Does it solve the problem. The people who have been here less than 2 years will still stay and continue living in the shadows. Don't forget this kind off categorization is going to result in massive fraud.

          Comment


          • #6
            people those are here for less than 2 years ( almost 3 million) will not leave the country. again producing 3 million illegal in the country for the future problem?

            --zo

            Comment


            • #7
              How will they know if this illegal immigrant just snick in yesterday then apply for guest worker saying that they were here 2 years ago?

              Its really unfair for those who came here legally with visa and well inspected..

              Comment


              • #8
                People who came through a port of entry and were inspected and documented but overstayed their visa will have a hard time proving their presence here where someone who jumped accross the border can say he's been here 5 years. How can you have system of determining fraud. There is going to be massive fraud and people who have been documented should also be given some kind off preference over border jumpers. It seems like these new laws are designed to legalize mexicans more than anyone else. They are the ones being preference indirectly for the votes all other ethnicities are too small to be concerned about. I don't see any immigration reform happenning until after the elections

                Comment



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