Bipartisan Immigration Reform Bill Introduced in Senate
Posted Jan 30, 2004

The U.S. Congress reconvened on January 20, 2004, with Senators Daschle and Hagel quickly introducing immigration reform legislation that many believe the President would be willing to back. The bill submitted has bipartisan support, which means that it is backed by some members of both the Republican and Democratic parties. Senate Bill 2010, if enacted, would call for significant changes in family immigration. The number of family-preference visa numbers would increase, thus reducing the backlogged priority dates. Spouses and minor children of lawful permanent resident spouses would no longer be regarded as preference relatives, subject to visa availability backlogs. These family members would be considered immediate relatives, just like spouses of U.S. citizens. Immediate relatives are exempt from numerical limitations.

In keeping with the President's recent, highly-publicized immigration reform proposal, the bill would also provide a temporary worker program that could lead to adjustment of status to permanent residence for certain immigrants who are currently undocumented. Employment-based visa numbers would be increased under this plan, to allow for the additional applications.

There are limitations on the temporary work program, and it would be reexamined five years after the final regulations are implemented. This means that many of the solutions to illegal immigration potentially could be only short term, without requiring legislative action to bring it to an end. Given the highly political nature of the immigration debate, this would place the program on uncertain footing.

It is important to understand that this is a proposed bill in Congress. As of January 24, 2004, there were 5,751 bills introduced in the 108th Session of Congress. Of these bills, only 198 have been signed into law. None of the remaining 5,553 bills has any legal effect, unless both the House and the Senate pass a bill and the President signs it into law. [See our article, How a Bill Becomes a Law, available on MurthyDotCom.] It is too early, therefore, to assume that this bill will become a law or that immigration reform has begun. Individuals must continue to carefully safeguard against any violations of immigration laws. They must continue to maintain their valid immigration statuses, and make no assumptions regarding the content of any future changes in the law. While we remain hopeful that positive immigration reform legislation will be passed in 2004, there are no guarantees. Many of these measures may simply be election year overtures.