Immigration Plan Sets 2011 Cutoff for Path to Legalization
Published: April 12, 2013 - New York Times
WASHINGTON — As a bipartisan group of eight senators
prepared to introduce a plan early next week to overhaul the nation’s immigration
laws, Senate negotiators have agreed to a cutoff date that could bar hundreds of
thousands of immigrants from the path to legalization provided in the
legislation.
Illegal immigrants who arrived in the country after
Dec. 31, 2011, could be ineligible to apply for legal status — and potentially
citizenship — under the new immigration bill, which will provide a 13-year path
to citizenship for the 11 million illegal immigrants already living in the
country.
Every bill that legalizes immigrants has a cutoff date
for eligibility, to discourage a surge of people who have heard about potential
legislation. Immigration advocates and Democrats in the group had been pushing
for the date to be as current as possible — Jan. 1, 2013 — while Senator Marco
Rubio, Republican of Florida and a member of the group, originally argued for
2008.
The Dec. 31, 2011, deadline represented a compromise,
as well as something of a victory for Mr. Rubio.
“We understand the need for a cutoff date, but it
should be 2013, not 2011,” said Frank Sharry, executive director of America’s Voice, a pro-immigration
group. “The goal of the legislation is to transform a broken immigration system
into a legal one. Leaving a few hundred thousand immigrants in limbo is contrary
to that goal.”
On Friday night, one of the final hurdles for the
broad legislation was eliminated when farmworkers and growers reached a deal
after several weeks of stalled talks.
As the final details of the plan emerge in advance of
its likely rollout on Tuesday, senators in the bipartisan group have begun their
final preparations, huddling with their staff and planning to take their case to
the public on the Sunday news shows.
Mr. Rubio, who is often mentioned as a 2016
presidential contender and whose political future perhaps most directly hinges
on the immigration legislation, plans to appear on seven Sunday programs, on
ABC, CBS, CNN, Fox, NBC, Telemundo and Univision.
Senator John McCain, Republican of Arizona and a
member of the group, will also appear on CNN’s “State of the Union.”
All four Democratic members of the bipartisan group
will also make television appearances on Sunday.
Senator Michael Bennet of Colorado will appear on
Telemundo; Senator Richard J. Durbin of Illinois, the No. 2 Democrat in the
Senate, will appear on “Fox News Sunday”; Senator Robert Menendez of New Jersey
will be on Univision; and Senator Charles E. Schumer of New York will be on
ABC’s “This Week.”
Mr. Rubio, whose support will be critical to selling
the legislation to reluctant Republicans and grass-roots conservatives, has
already been reaching out behind the scenes, telephoning and holding one-on-one
meetings with fellow Republicans and members of the conservative news media.
He has repeatedly called for a transparent process
with multiple public hearings, and he is now working with the Republican Policy
Committee, whose chairman is Senator John Barrasso of Wyoming, to hold hearings
on the immigration legislation.
Mr. Rubio previously expressed frustration that the
Senate Judiciary Committee seems unlikely to hold more than one hearing —
scheduled for Wednesday — on the legislation, and told a group of reporters on
Thursday that he hoped to have “an open hearing type process where we can bring
in experts and all the members on the Republican side can ask questions, learn
more about the bill, and hear from experts on the different topics.”
Emily Lawrimore, Mr. Barrasso’s communications
director, said: “Senator Rubio brought the idea to Senator Barrasso in light of
Chairman Leahy’s apparent refusal to allow thorough public debate and
much-needed transparency,” referring to Senator Patrick J. Leahy of Vermont, who
is chairman of the Judiciary Committee. “Using the Republican Policy Committee
to hear from all sides is a decision for the entire Senate Republican
Conference. The conference is looking forward to hearing from Senator Rubio and
the other members who have been negotiating immigration reform soon.”
An aide to Mr. Rubio said he was also reaching out to
other senators, including Democrats, to try to find a way to hold additional
bipartisan hearings.
Just days before the senators hope to introduce their
legislation, most of the legislative language has been written. The group has
agreed on a 13-year path to citizenship (10 years for a green card, and 3 more
for naturalization), a series of border security requirements, a mandatory
electronic employment verification program, a new merit-based program for
foreign workers to become legal permanent residents and a plan to clear the
backlogs of those immigrants who have applied legally for green cards.
Separate but parallel deals have also been reached
between the business and labor communities for a low-skilled worker program, as
well as an agriculture worker program. Both farmworkers and children brought to
the country illegally by their parents — a group known as Dreamers — would
qualify for an expedited path to citizenship.
Over time, the new legislation would also shift the
emphasis from family-based immigration to a system that focuses more on skills.
“They will get a fight on this one,” said Kevin
Appleby, the director of migration policy at the United States Conference of Catholic Bishops.
“The family categories are a top priority for some important constituencies,
particularly the growing Asian community.”
Same-sex binational couples will not be able to
sponsor each other under the legal immigration system — a Republican sticking
point in the negotiations.