Guarding Filipino American Gains as Senate Bill Goes to Conference
June 02, 2006
American Immigration Lawyers Association (AILA) President Deborah Notkin admits that the bill is “not perfect,” citing harsh provisions that impinge on due process rights. Notkin points to the silver lining, however, and notes that the bill is a step toward fixing the broken immigration system, family reunification, refugee protection and border security.
The general assessment of immigrant rights groups, however, is that the so-called Senate Compromise Bill is basically a watered-down version of the bill written by the Senate Judiciary Committee last March.
The actual writing of the bill, however, will occur when the Senate and the House of Representatives go into conference to forge a reconciliation between the Senate bill and the enforcement-based H.R. 4437. Many fear that whatever pro-immigrant gains the watered-down Senate Bill may have precariously kept after the debate during the past few weeks, may be whittled away when the few but outspoken restrictionists in the House of Representatives go to conference.
Earned Adjustment for TNTs
Ironically, the most vulnerable provision, come conference time, is the very centerpiece of the Senate Compromise Bill—the earned adjustment program. The earned adjustment provision contains a 3-tiered program based on the length of stay of the undocumented immigrant (a.k.a. “TNTs) as of April 5, 2006.
Those who have been in the US for more than 5 years may apply for adjustment of status without leaving the US, while those who have been in the US for 2 to 5 years may apply for deferred mandatory departure (DMD), leave the US and apply for adjustment of status from their home countries. Newcomers or those who have been in the US for less than 2 years are not eligible to apply and would have to return home.
Apart from paying hefty fines and having to pass strict background checks, TNTs will only be able to get their green cards after current family backlogs are cleared.
The House of Representatives at this point is resisting moves to provide legalization to TNTs. H.R. 4437 is so thoroughly enforcement-based that there is no provision whatsoever for undocumented immigrants. The New York Times, however, reports that conservative House leader Rep. Mike Pence is proposing a guest worker program for TNTs, but no adjustment to permanent residency.
Backlog Reduction
The Senate Compromise Bill will raise the annual family preference cap by 260,000 visas per year in an effort to eliminate the backlogs. This will make a strong impact on Filipino immigration to the US considering the thousands of visa applications jammed by the annual visa cap.
The latest Visa Bulletin confirms that the delay in family-based immigration for the Philippines still hovers between 4 to 23 years—undeniably the worst family preference backlog, with Mexico ranking a far second.
For employment-based immigration, an additional 310,000 new visas per year over a 10-year period will be available. A 650,000 annual cap is fixed for spouses and children of certain employment-based immigrants.
The increase in employment-based visas is expected to provide welcome relief to the Philippine third preference category, which is currently experiencing a 5-year delay, and other skilled workers category, which has no available visa numbers at present. A majority of skilled workers and professionals from the Philippines like teachers, engineers, architects, accountants, computer and certain health professionals enter the US as immigrants under the third preference category.
Nurse Immigration
One of the more positive aspects of the Senate Compromise Bill is the removal of the cap on nurse immigration through September 30, 2017. With the 50,000 visas for nurses and physical therapists which were recaptured last year about to be exhausted, many US healthcare institutions fear that nurse understaffing would worsen without the needed legislation.
The Philippines is globally recognized as the largest and most reliable source of RNs. Despite concerns that the exodus of RNs and even doctors who are immigrating to the US as RNs will cause a backlash on Philippine healthcare, the RN cap-lifting is still good news to a nation subsisting on the remittances of Filipino workers abroad.
According to the Occupational Information Network (O*Net) of the US Department of Labor, the job market for RNs is projected to grow by an average of 21 to 35 percent between 2004 to 2014. In fact, the US will need an additional 1.2 million RNs during the same period.
Considering the strong lobby of the American Hospital Association for relaxing the rules on the entry of foreign RNs, the RN cap-lifting is not expected to meet significant resistance at the conference committee.
Children of Veterans
Another provision in the Senate Compromise Bill that the Filipino American community is closely watching is one that would grant the married and unmarried children of naturalized Filipino World War II veterans special immigrant status that would allow them to immigrate to the US immediately.
The amendment was introduced by Senator Daniel Akaka (D-HI), who is himself a WWII veteran, and was passed unanimously in the Senate by voice vote. The provision is also expected to survive the conference committee intact considering the House of Representatives has a counterpart bill, H.R. 901, sponsored by Rep. Ed Case (D-HI).
Many Filipino veterans, including concerned Filipino American groups like the National Federation of Filipino American Associations (NaFFAA), consider this a milestone in the struggle for veteran benefits.
Groups are beginning to lobby for the inclusion of grandchildren of veterans under 21 in the special immigration status provision when legislators work out the details at the conference committee.
A lot has been gained and immigrant rights groups must see to it that these gains are not lost when legislators try to work out another compromise between the Senate and the House. As contentious as immigration reform had been over the past few months, the real writing of the immigration reform bill will actually happen at the conference committee.