May 19, 2006

Legislative Update from the Halls of Congress May 19, 2006

The Senate continues to debate the Comprehensive Immigration Reform Act of 2006. This week and next week several amendments will be offered that alter the substance and spirit of the underlying bipartisan compromise. Though there have been many amendments discussed and voted on in the last two days, of specific concern to businesses and employers of immigrant workers is Senator Bingaman’s (D-NM) amendment which was offered and passed on Tuesday, May 16. In short, the Bingaman amendment reduces the number of temporary worker visas available through the H-2C Program (Temporary Worker Program) from 325,000 annually to 200,000 annually. It also eliminates the market-based escalator which determines the number of workers based on the demand of the economy. Under the existing compromise, all of those who entered the U.S. after January 7, 2004 and are currently working and residing in the U.S. will be required to leave the U.S. and apply for the new H-2C program. This means that U.S. businesses and the economy will potentially lose 1.6 million workers and only 1/8 (200,000) of the visa numbers will be restored pursuant to the Bingaman amendment. It is the position of the business community that the current demand for immigrant workers is evidence by estimates that 300,000 – 500,000 enter the U.S. annually to work. Clearly our economy can support these workers as indicated by the nation’s low unemployment rate.

Another amendment of interest to the business community is the one offered by Senator Dorgan’s (D-ND) and Senator Stabenow’s (D-MI) that would have eliminated the temporary worker program. We are happy to report that this amendment was defeated. The debate on comprehensive immigration reform and the fate of the H-2C temporary worker program will persist and GT lobbyists will continue to play an integral role in the shaping of immigration policy that addresses our nation’s need.

We are also happy to report that late Thursday night, May 18, Senator Kyl's amendment that would have eroded the bipartisan compromise by eliminating the opportunity for H-2C temporary workers to ever apply for a green card was defeated 56 to 33. Should this amendment been passed, those individuals in the 2-5 year category in the Hagel-Martinez Compromise would not have been able to adjust their status to a legal permanent resident. GT strongly opposed this amendment on the basis that though circularity is fine for some, those who establish themselves in a job, lay down roots in a community, and learn English, should be afforded an optional path to permanent residence and ultimately, citizenship. GT is working hard to find a vehicle by which to restore the number of visas made available through the H-2C program and maintain the market based approach.