BREAKING: SENATE'S GANG OF 8 RELEASES PROPOSED COMPREHENSIVE IMMIGRATION REFORM BILL

April 17, 2013. After months of negotiating, speculation, and closed-room meetings, the Senate's bipartisan "Gang of Eight" released their version of a comprehensive immigration reform bill, clearing the first major hurdle in what is expected to be a long, fragile process. Within moments of release, criticism of the proposed legislation began pouring in from both the left and the right, with certain media outlets reporting that opponents would try to "kill the bill" with "poison pill" amendments or delay tactics.

The 844 page bill, officially known as the "Border Security, Economic Opportunity, and Immigration Modernization Act", addresses four principle areas: 1) Border Security; 2) Legalization and Legal Immigration; 3) Interior Enforcement (Employment Verification); and 4) Substantial Changes to Nonimmigrant Visas (temporary visas such as H1-B visas).

As to the most significant provision in the proposed legislation, border security, the bill would require the Department of Homeland Security to "secure the Southern border" with Mexico before any undocumented immigrant could begin the "path to citizenship". This provision is going to be key in winning over conservative members of Congress and is a two-part requirement: 1) "Persistent surveillance in High Risk Sectors along the Southern Border"; and 2) An Effectiveness Rate of 90% in a fiscal year for all High Risk Sectors along the Southern Border." Essentially, the Secretary of Homeland Security, Janet Napolitano, would have to certify that the border is secure by implementing fencing in high risk areas and placing additional border patrol agents, unmanned aerial surveillance, and electronic detection measures before the more than 11 million undocumented immigrants could begin the process of legalization.

Once the border is secure, those people who arrived in the United States before December 31, 2011 and have no felonies, have not been convicted of 3 or more misdemeanors, and have not unlawfully voted, among other things, could apply to get "Registered Provisional Immigrant Status" (RPI) and begin the 10 year process of becoming a lawful permanent resident, which would in turn then lead to eventual citizenship. In simple terms, the process to become legalized would take, at a minimum, 13 years or more, depending on if and when the Southern border becomes secure.

Other highlights of the bill include increasing the number of H1-B visas (temporary visas for those in specialty occupations, typically those who work in the IT industry) from the current 65,000 figure to 110,000 annually. Also, the bill would eliminate the backlog for employment and family-sponsored immigrant visas, a welcome relief to those who have been waiting upwards of 15 years for a chance to immigrate to the United States. All employers in the United States would also be required to use an enhanced version of the E-Verify system to check for legal status before employing new workers, with agricultural companies being subject to this rule. And last, there would be new visa categories, including a "W-Visa" for low-skilled workers, most likely aimed at farm workers.

This bill is in no way finalized, and the House version would need to be incorporated into a final comprehensive immigration reform bill, before Congress would be able to vote on its passage. There will likely be more obstacles in the weeks and months to follow, stay tuned for further developments. In the meantime, existing immigration laws continue to be enforced. If you or someone you know needs the services of an immigration lawyer, please visit www.kpimmigrationlaw.com or call 949-440-3240 for further assistance.