[lg policy] US: Undocumented College Students Could Become Citizens Faster Under New House Proposal

Wed Dec 16 15:24:22 UTC 2009

Undocumented College Students Could Become Citizens Faster Under New
House Proposal
By Libby Nelson

Washington

Congress began to wade into debate over changing U.S. immigration
policy on Tuesday, when Democrats in the House of Representatives
introduced a broad overhaul bill that includes provisions to open up
some federal education aid to people who were brought to the United
States illegally before the age of 16 and expedite their path to legal
residency.

The legislation, introduced by Rep. Luis V. Gutierrez, Democrat of
Illinois, also would create a path to legal residency for some illegal
immigrants and change visa programs for foreign workers. The bill is
expected to be followed by other Democratic proposals for overhauling
immigration laws early next year, and no legislative action is
expected on the issue until 2010. But the Obama administration has
pledged to press for action on immigration reform in early 2010, a
promise Homeland Security Secretary Janet Napolitano reiterated to the
Senate Judiciary Committee last week.

Mr. Gutierrez's bill includes some provisions from the Development,
Relief, and Education for Alien Minors Act (S 729, HR 1751), better
known as the "Dream Act," which would open some federal student aid to
certain illegal immigrants and make it clear that states could allow
them to pay cheaper, in-state tuition rates.

"Our current system does not allow them to complete their potential,"
Mr. Gutierrez said about children who were brought to the United
States illegally at a young age and who go on to graduate from
American high schools. "We cannot punish them for wanting to be better
people in this community."

A version of the "Dream Act" was first introduced in 2001, and the
bill has failed to pass Congress several times since then. The act
would make it clear that states could charge in-state tuition to
illegal immigrants and establish a path to citizenship for graduates
of American high schools who were brought illegally to the United
States before turning 16, and who have been in the United States for
at least five years and completed at least two years of college or
military service. Reintroduced earlier this year in both the Senate
and the House, the "Dream Act" legislation drew support from the
College Board, which rarely enters the political fray.

Related ContentInternational Educators Call for Visa and Immigration Changes
College Board Announces Support for Immigration Bill
Immigrant Students Ask for a Chance at College
Dream Act Expanded
Mr. Gutierrez's bill, called the Comprehensive Immigration Reform for
America's Security and Prosperity Act, includes some language from the
Dream Act but has expanded or changed some of the original bill's
provisions, according to a summary of the immigration legislation
distributed by the congressman's office.

Under the new bill, young people brought to the United States
illegally before they turned 16 would be eligible for permanent
residency after graduating from an American high school and completing
two years of college, military service, or employment. People who
earned permanent residency would then be eligible for citizenship
after three more years.

The waiting period for both permanent residency and citizenship would
be longer under the Dream Act, including the version introduced this
March. But the major change in Mr. Gutierrez's bill from the original
Dream Act is the addition of employment as an option after high school
that would make young people eligible to gain permanent residency; the
original act would open permanent residency only to students who
complete at least two years of college or military service.

Excluding students for not going to college would be unfair because it
does not take entrepreneurship into account, Mr. Gutierrez said.

"What we found was that a division was being created in the community
between the one that went to college and the one that became an auto
mechanic," he said of illegal immigrants with high-school degrees.

Although final details of the bill were not available on Tuesday, it
also appeared to tighten requirements for H-1B visas, temporary work
permits issued for specialized foreign workers. Under Mr. Gutierrez's
bill, employers would have to meet requirements for recruiting
American workers before offering a job to a worker who would need an
H-1B visa. Penalties for violations would be increased, and employers
that rely on the program could be subject to annual audits. Foreign
scholars are often issued H-1B visas to work at American universities,
although higher-education institutions are not subject to limits on
the number of such visas they can issue. In a recent report, Nafsa:
Association of International Educators called for a lift on the cap of
temporary visas for skilled workers who earned a degree at an American
institution.

"We want to make sure that American workers get the first opportunity
at all American jobs," Mr. Gutierrez said.

Senate Will Act First
Congress is expected to begin debating immigration legislation in
earnest next year. Sen. Charles E. Schumer, Democrat of New York, is
expected to introduce a broad immigration bill in the Senate in
January, which is then expected to be debated in February or March,
Mr. Gutierrez said. The Senate will probably take the first action on
immigration legislation, he said, but he hopes his House bill will be
taken up when the Senate has finished its debate on Mr. Schumer's
bill.

Mr. Gutierrez's bill, though, could face a tough fight. It has more
than 85 cosponsors, but none are Republicans, and previous attempts at
overhauling immigration laws have failed even with bipartisan support.
And with the nation's unemployment rate hovering at 10 percent, giving
legal status to undocumented immigrants could be a difficult point
around which to rally supporters.

At a news-media event on Tuesday, the House bill's supporters brushed
off these concerns.

"I have never been so proud in my 18 years in Congress," said Rep.
Nydia M. Velázquez, Democrat of New York. "There is no right or wrong
time. There is a moral obligation."

http://chronicle.com/article/Undocumented-College-Students/49496/
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