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Broad Outlines of Senate Immigration Agreement Emerge Broad Outlines of Senate Immigration Agreement Emerge
(about 4 hours later)
WASHINGTON — A bipartisan group of senators has largely agreed on a broad immigration bill that would require tough border measures to be in place before illegal immigrants could take the first steps to become American citizens, according to several people familiar with drafts of the legislation.WASHINGTON — A bipartisan group of senators has largely agreed on a broad immigration bill that would require tough border measures to be in place before illegal immigrants could take the first steps to become American citizens, according to several people familiar with drafts of the legislation.
But in a delicate compromise worked out over weeks of negotiations, the bill avoids any hard hurdles related to border enforcement that could eventually halt the progress of those immigrants on a pathway to citizenship. But in a delicate compromise worked out over weeks of negotiations, the bill does not impose any specific measurements of border enforcement results that, if they were not met, would stop the immigrants from proceeding toward citizenship.
Instead, the bill sets ambitious goals for the Department of Homeland Security to fortify the borders including continuous surveillance of 100 percent of the United States border and 90 percent effectiveness of enforcement in several high-risk sectors and other domestic enforcement measures over the next 10 years. It provides at least $3 billion to meet those goals. Instead, the bill allows a period of 10 years for the Department of Homeland Security to make plans and use resources to fortify enforcement at the borders and elsewhere within the country before it sets several broader hurdles that could derail the immigrants’ progress toward citizenship if they are not achieved.
The bill includes provisions or “triggers,” that allow Congress at different points to ensure that the enforcement goals are being met. During the first decade after passage, the bill sets ambitious goals for border authorities including continuous surveillance of 100 percent of the United States border and 90 percent effectiveness of enforcement in several high-risk sectors and for other workplace and visa enforcement measures. It provides at least $3 billion for Homeland Security officials to meet those goals during the first five years, with a possibility of additional financing.
On the same day that the group of eight senators continued to iron out details of the bill, thousands of immigration activists who support a path to citizenship for immigrants who are here illegally were converging on Washington for a rally. The activists are pressing Congress to move quickly to pass a broad immigration overhaul, and they are calling for a direct path for illegal immigrants toward becoming Americans. The bill includes provisions, or “triggers,” during that decade that allow Congress at different points to ensure the enforcement goals are being met.
“We need a clear path to citizenship,” said Gustavo Torres, executive director of CASA de Maryland, one of the lead organizers of the rally. “Anything less than that undermines American democracy.” As the group of eight senators continued on Wednesday to iron out final details of the legislation, several tens of thousands of immigrants, Latinos, labor union members, gay rights and other advocates held a rally on the lawn below the steps of the Capitol. With many waving American flags, they called for Congress to move quickly and demanded a direct path to citizenship for all 11 million illegal immigrants.
The senators’ compromise allows Republican lawmakers, including Senator John McCain of Arizona and Senator Marco Rubio of Florida, to say that they succeeded in including border enforcement advances that will be met before any illegal immigrants will apply for permanent resident green cards, the first step toward citizenship. It also allows Democrats to say that the border measures are goals, but they are not roadblocks that could stop the immigrants from reaching the final stage of citizenship. “Families cannot continue to be torn apart,” Gustavo Torres, executive director of CASA de Maryland, an immigrant advocacy group, told the crowd.
President Obama, who has been largely silent during the negotiations, is strongly opposed to any hindrances that could be subject to political battles later on. “Anything less than citizenship undermines American democracy,” he insisted.
According to the draft, the legislation would provide $3 billion for the Department of Homeland Security to draw up and carry out a five-year border security plan. Officials must present the plan within six months, and no immigrants can gain any provisional legal status until the plan is in place. Senator Robert Menendez of New Jersey, a Democrat who is one of the eight senators working to draft the legislation, told the crowd that the group was close to presenting a bill.
The plan must include how border authorities will move quickly to spread technology across the border to ensure that agents can see along its entire length. The authorities will also have five years to reach 90 percent effectiveness in their operations, a measure based on calculations of what percentage of illegal crossers were caught or turned back without crossing. “We have to get those who are in the shadows into the light to have an opportunity to earn their citizenship and be part of the dream,” said Mr. Menendez, who like many of the other speakers delivered his words in both English and Spanish.
Homeland Security officials also have six months to draw up plans to finish any border fencing they deem necessary. The senators’ compromise allows Republican lawmakers, including Senators John McCain of Arizona and Marco Rubio of Florida, to say that they achieved border enforcement advances in the bill as a condition before any illegal immigrants can apply for permanent-resident green cards, the first step toward citizenship.
If, after five years, border officials have not reached the surveillance and enforcement goals, the bill creates and finances a border commission, made up of officials from border states and other experts, to help the Department of Homeland Security reach its goals. But it also allows Democrats to describe the border measures as goals that can be achieved with the resources provided, so they will not become roadblocks that could stop the immigrants from reaching the final stage of citizenship.
Homeland Security officials will also be required to expand a worker verification system, making it mandatory nationwide for all employers within five years. They must also create an electronic exit system to ensure that foreigners leave when their visas expire. President Obama, who has been largely silent during the negotiations, is strongly opposed to any hindrances on the immigrants’ path that could be the focus of political battles later on.
Under the legislation, illegal immigrants who pass background checks and meet other requirements will have to wait in a provisional status for 10 years, during which time they would be allowed to work and travel but not to remain permanently, before they could apply for green cards. As drafted, the legislation would provide as much as $3.5 billion for the Department of Homeland Security to set up a five-year border security plan. Officials must present the plan within six months, and no immigrants can gain any provisional legal status until the plan is in place. It would include a program to finish any border fencing that border agents deem necessary.
At the end of 10 years, officials must show that the border security plan is operational, the fence is completed, and the worker verification and visa exits systems are operating. At that point, immigrants in provisional status will be allowed to apply for green cards. The plan must also show how the authorities will move quickly to spread technology across the border to ensure that agents can have surveillance capability along its entire length. They will also have five years to reach 90 percent effectiveness in their operations, a measure based on calculations of what percentage of illegal crossers were caught or turned back without crossing.
On Tuesday, Senator Dianne Feinstein, a Democrat of California who is spearheading a deal on an agricultural worker program, said that she expected to have an agreement between the farm workers and growers within 24 hours. The talks had stalled this month when the labor unions and employers could not agree on the number of workers to allow into the new visa program, and what wage rate to pay the workers. If, after five years, border officials have not reached the surveillance and enforcement goals, the bill establishes a border commission to advise the Department of Homeland Security on how to reach its goals, with additional financing of up to $2 billion.
On Wednesday, a person with knowledge of the discussions said that the workers had offered a cap of 200,000 workers total through 2020, in addition to roughly 50,000 who are already in the existing agricultural guest worker program, known as H-2A. That number, the person added, is “far more generous” than the cap reached under a similar deal between the nation’s leading business and labor groups, for a low-skilled worker program. Homeland Security officials will also be required to expand a worker verification system, making it mandatory nationwide for all employers within five years. Within 10 years, they must also create an electronic exit system at all airports and seaports to help ensure that foreigners leave when their visas expire.
In terms of wages for agricultural workers, the person added, there is a deal under consideration that offers specific starting wage rates divided by region, job type and crop type. If growers and workers cannot agree on fair wages, the senators will probably fall back on a process that takes into account various economic factors and is overseen by the secretaries of agriculture and labor. Also, illegal immigrants who pass background checks and meet other requirements will have to wait in a provisional status for at least 10 years, before they could apply for green cards. Before those applications can begin, officials must show that the border security plan is operational, the fence is completed, and the worker verification and visa exits systems are operating.
At the rally, the demonstrators filled the large lawns that sweep down from the Capitol, and overflowed into lawns on either side. Groups of demonstrators came mainly from Washington, Maryland and Virginia, while several hundred buses brought delegates from around the country. Rather than concentrate all their forces in one place, organizers also held more than 30 smaller events around the country on Wednesday, including marches, early morning candlelight vigils, and door knocking.
In Orlando, Fla., farmworkers and immigrants held a picnic in front of the offices of Mr. Rubio. In Los Angeles and Fresno, Calif., advocates rallied outside the offices of Senator Dianne Feinstein, a Democrat who is leading negotiations over the agricultural provisions in the bill. Many events were organized by the Service Employees International Union and other unions, which have strongly supported the immigration effort.
Many activists spent the morning on Capitol Hill lobbying lawmakers, including a contingent from Alabama who delivered 250 small red footballs to the office of Senator Jeff Sessions, a Republican from that state who is a staunch opponent of the proposed legislation. “Don’t drop the ball,” was the message they conveyed.
At the rally, Representative Luis V. Gutierrez of Illinois, a Democrat who has been a tenacious proponent of the immigration overhaul, said, “You need to guarantee that you give me and my colleagues and the Congress of the United States no place to hide.
“There are no acceptable excuses for failing to pass immigration reform this year,” Mr. Gutierrez said, “and no excuses will be accepted.”
Many in the crowd said they were hoping that the coming debate in Congress would not divert or close their path to becoming Americans.
“I believe this is a country of opportunity,” said Alonso Martinez, 30, an immigrant from Mexico who lives in Maryland, “and without citizenship we are not going to have the same opportunity as the other immigrants who came before us.”