May 17, 2004

SOLVE Act

The SOLVE Act of 2004 (Safe, Orderly, Legal Visas and Enforcement Act of 2004) was recently introduced by several key Democratic Members of Congress, including Sen. Kennedy (D-MA), and Reps. Robert Menendez (D-NJ) and Luis Gutierrez (D-IL). Months in the making, SOLVE is intended to rectify some of the more egregious provisions currently on the books for legal immigration. The SOLVE Act was introduced to set a new goalpost regarding the ability of immigrants to reunite with families and reduce illegal immigration.

The legislation calls for a legalization program for those with demonstrated US work histories as well as a new nonimmigrant skilled worker program. It is expected to engender significant controversy as it also calls for repeal of some of the restrictions placed upon immigrants and illegal aliens, such as a repeal of the bars to reentry for those in unlawful status for defined periods. It ties in to the President’s call for a worker program but does not track the Administration’s proposal.

The legislation covers three essential areas of reform: The “earning” of legal permanent resident status for those who can demonstrate a defined work periods in the US; increases in family-based immigration to combat continuing backlogs and foster family reunification; and a reconstituted temporary worker program for essential skills.

It is extremely unlikely that the SOLVE Act will see any action this year. However, it provides a new parameter to the continuing debate on immigration reform that will continue to be an issue of Congressional thought and activity into the next session. GT will provide regular updates.