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DRAFT Immigration Outline By Francisco J.

Gonzlez 05/16/2012 TALKING POINTS The recommend reforms will accomplish the following: end illegal immigration permanently; secure the border, reunite families and allow for open, lawful and productive immigration into the US Increase accountability for employers that recruit and employ unauthorized workers Secure the border by freeing the Border Patrol and other State and Federal law enforcement agencies from the time consuming tasks intercepting immigrants to arresting drugs and weapons smugglers Permanent deployment of regular Army & Marine Corps units to assist in securing the USMexico border. End undocumented immigration by eliminating the incentives employers may have for hiring cheaper labor, while at the same time allowing for the influx of temporary workers to meet short-term labor needs of US businesses. Recognition that the current immigration system penalizes families by requiring long waits between the approval of an application to the issuance of a visa. Reform must include the elimination of a backlog of those family members allowed under current law to rejoin the US or Lawful Permanent Resident relative (parents, children, spouse and siblings). No amnesty, but earned legalization.

SPECIFICS OF THE REFORM: 3 TRACKS 1- Secure the border and permanently ending illegal immigration 2- Fixing the short-term inequalities and problems of the current failed system 3- Stop-gap measures to be considered at the state and local level while pursuing 1 & 2 above

1- Secure the border and long-term future immigration system

A- Border security: increase use of electronic devices (Unmanned Aerial Vehicles-drones, sensors, etc.) to monitor border. permanent deployment of regular Army & Marine Corp units to the US-Mexico border. Cost of these will be on the federal government and not on the states, which would be the case if National Guard troops were used. Also, soldiers and marines could use this as training for similar border protection missions in Iraq and Afghanistan (similar terrain, etc.) need to address the issues of migration flows together with other issues that affect border security: US demand for illicit drugs from Mexico and US supply of weapons to Mexican criminals. The border cannot be secure unless nonimmigration related issues are also addressed.

B- End to illegal immigration Strict liability penalties for employers that hire unauthorized workers: meaning that not knowing that worker was unauthorized is no defense for civil or criminal charges under existing laws. Requirement that all employers use E-Verify, but only after E-verify are more accurate and provide user-friendly ways to correct inaccurate data. Whistleblower visa: based on the U visa currently available for victims of crimes. Undocumented immigrants that report to law enforcement a business that is later found guilty of employment of undocumented workers, can receive a visa valid for up to 10 years Labor exchange system: the US Congress would set up a task force of economic, demographic, business and labor experts to determine prospective need for foreign workers across industries and professions. The task force will recommend the number of employment-related temporary visas needed by the US economy every year. Foreign countries would then enter into an agreement with the US government for the creation of a labor exchange: the USCIS would set up labor exchange or center on a particular country to receive and process visa applications. The cost of the labor exchange would be covered by the host foreign government and/or by fees from the applicants. The visa applicant must show that they have clean criminal record, no health issues, etc. Temporary Visa for the labor exchange: based on the new category of visa, the Y visa, proposed under McCain-Kennedy. The actual number of visas available every year would depend on the recommendations of the Commission abovementioned, but it would be no less than 400,000 temporary guest workers. The visa 2

will allow the worker to remain in the country for two years, after which they would have to return home. They could bring their dependents (spouse & children) but these dependents would NOT count towards the 400,000-visa cap. . Similar labor boards are in place in several European countries, allowing the issuance of work-related visas to match the real needs of employers. Increase in permanent worker-immigrant visas for professional or skilled workers in occupations facing shortages. These foreign professionals would no longer need a US employer sponsorship. Congress would set the number of these visas upon the advice of the task force but independent of the labor board (above). McCain-Kennedy Comprehensive Immigration reform 2007 2- Fixing the short-term inequalities and problems of the current failed system Earned legalization: Undocumented immigrants without a criminal record and who meet other requirements (based on the IRCA 1986 law signed by Pres. Reagan) would be allowed to apply for a Z visa (based on the provision from the McCainKennedy bill of 2007) but would be required to return to their country of origin in order to complete the process*

*UNLESS A WAIVER is granted by the USCIS (immigration authorities): waiver criteria: economic hardship; undocumented immigrant provides evidence of strong links to the community and disruption to the lives of US citizens of legal immigrants. These will be very soft criteria to meet so the vast majority (if not all!) of the undocumented immigrants would qualify for the waiver, but by mentioning the go back home requirement this would make reform more palatable for the anti-amnesty folks. Elimination of backlog for family-based visas. Under current immigration laws, US citizens are allowed to petition for their children, spouse, parents and siblings; Lawful Permanent Residents are allowed to petition for their spouses and children. However, even after the applicant meets all the requirements, visas may not be available for years. To allow for family integration, all of the above categories will be placed on a preferred category, meaning no waiting period for visa. The US or LPR filing the petition to bring a relative is currently required to provide an Affidavit of Support, indicating that the relative coming into the US will not be eligible for federal welfare programs (except emergency medical).

3- Stop-gap measures to be considered at the state and local level while pursuing 1 & 2 above

Minnesota (or Mid-West) guest worker program: just 2 years ago, Arizona was in the forefront of innovative immigration reform by seeking permission from Congress to implement a guest worker program to bring temporary workers to Arizona. Colorado also considered a similar provision. The economy is starting to recover, and soon there will be labor shortages. See link below for information on the AZ and CO proposed guest worker programs: Arizona considers a guest worker program of its own Colorado considers hiring farm workers from Mexico Minnesota (or Mid-West) Lawful Family Reunification Program: That the legislature approve a law requesting that the US Congress enact an exemption from the visa quota requirements for aliens with approved immigration applications based on a family reunification category filed by a US citizen or Lawful Permanent Resident (LPR), who had resided in Minnesota for at least 1 year OR who filed the initial relative petition while residing in Minnesota. The immigrant relatives would be allowed to enter the US and relocate to Minnesota. - Program ONLY available to foreigners residing overseas, who had followed the legal process and have been found eligible to enter the US as a relative of a US citizen or Lawful Permanent Resident (LPR) - Current immigration laws ALREADY requires that the sponsoring USC/LPR be financially responsible for the immigrant relatives (see Affidavit of Support information - The program is really a benefit for USC/LPR who simply wants to be close to their relatives. This proposal affirms the value placed by the state on families, marriage and children being raised in two- parent households. - While promulgation and enforcement of immigration laws is the responsibility of the Federal government, not only Arizona but many states (including Minnesota) had voluntarily assumed the role of enacting immigrationrelated legislation. This law (and the guest worker law already mentioned) can be defended as continuing a trend of immigration solutions at the state level.

Minnesota Resident ID & Equality Act: Since the US Supreme Court is likely to side with Arizonas show me your papers law, allowing law enforcement to ask for proof of legal status for people

that they are reasonably suspicious of being in the country illegally, then we need to incorporate more protections against racial profiling and discrimination of Latinos. State must collect data on race, ethnicity of people detained, ticketed even if not arrested, in order to find if law enforcement is using racial profiling in the way in which they implement the law. Explicit prohibition for law enforcement to use race, ethnicity, level of English language fluency when considering whether or not to ask an individual about proof of legal status. State should develop a single, mandatory identification card (provided free to low income people) for all residents of Minnesota. If the state is going to ask for picture id in order to vote and allow police to ask for proof of legal status, a single, uniform picture id for all US citizens/legal alien residents is the best way to make sure that everyone will be treated equally. Adult Basic Education (English as a Second Language (ESL) and Citizenship Education): The State of Minnesota can invest in adult basic education, which can include English as a Second Language classes and citizenship education. This additional investment can provide greater access to the language and civic education immigrants need in order to pass their citizenship exams. Tax Deduction to Minimize Financial Impact of Adjusting Status Tax Deduction for Immigration Legal Services Some immigrants will not qualify for free or low-cost immigration legal services offered by local community organizations. These immigrants will likely have to save over a period of time in order to pay the cost of immigration legal services. A tax deduction or tax credit for legal immigration services can lessen the financial burden on immigrants who otherwise dont qualify for free or low-cost immigration legal services. A good starting point would be the criteria for the K12 education credit (not a deduction), allowing deductions for qualifying educational expenses. The ceiling is about $37,500 yearly income. The taxpayer can apply for this credit for as long as s/he has qualifying expenses. See link below for more information: Job Training & Skills Enhancement programs The state should design programs (free or low-cost) to help update the skills of immigrants who are currently under-employed because the education and/or licenses they received in their home country dont transfer to Minnesota. Regarding the field of law, Minnesota has a requirement that only graduates from an university approved by the American Bar Association (ABA) can take the Bar

(license) examination. This requirement should be eliminated, and allow anyone to sit for the test (just like California), thus allowing foreign-trained lawyers to study for the Bar (which can be done in a matter of months) instead of having to go back to law school all over again. For more information about this initiative or to comment on the immigration draft outline, please contact: Francisco J. Gonzlez at

References: McCain-Kennedy Comprehensive Immigration reform 2007 Pres. Reagans Immigration reform (IRCCA) 1986 Bill HCM 2012 urging the Congress of the United States to enact federal legislation authorizing the state of Arizona to implement the Arizona temporary worker program.