In contrast, the immigration bill passed by the House of Representatives (H.R. 4437) takes an enforcement-only approach.  H.R. 4437 would not only make unlawful status an immigration violation, but an “aggravated felony.”  Under this provision, police could demand “papers” from anyone and detain people who can’t prove they have legal status in the U.S.  It would have consequences for U.S. citizens and legal residents who don’t always carry proof of citizenship in their back pockets.  It would make felons out of the legal permanent resident who fails to file a change of address within 10 days of moving, a student visa holder who drops a class and is trying to pick up another one, or a high tech worker who loses her job and takes too long to find a new employer sponsor.  Further, H.R. 4437 expands the definition of “alien smuggling” to potentially criminalize community health centers, hospitals, refugee agencies, churches, and battered women and children’s shelters.  It would also subject to prosecution 3 million U.S. citizen children and hundreds of thousands of legal resident and U.S. citizen adults living in families with one or more members who are here illegally.

In March, the Senate Judiciary Committee approved a bipartisan comprehensive immigration reform bill supported by a broad coalition including the U.S. Chamber of Commerce, the AFL-CIO, U.S. Conference of Catholic Bishops and the American Jewish Committee.  The Senate bill is not an amnesty bill, nor does it grant instant citizenship or allow illegal immigrants to “cut in line” in front of those who are here legally.  Rather, it establishes a path to citizenship with clear criteria.  It would require an applicant to have worked in the U.S. for at least five years, pay back taxes, pass a background check, pay a $1,000 penalty plus application costs, learn English and civics fundamentals, and prove good character.  After six years of good behavior the immigrant can either return to his home country or apply for citizenship. 

The Senate bill raises the quota on family immigrant visas to promote fairness for legal immigrants who have waited decades or longer to reunite with close relatives.   Applicants from Asian countries suffer from some of the worst immigration backlogs.  A U.S. citizen parent petitioning for an unmarried adult child from the Philippines must wait approximately 14 years before the son or daughter can immigrate to the U.S.  A U.S. citizen petitioning for a brother or sister from India must wait about 12 years.  For a brother or sister is from the Philippines, the wait is approximately 22 years.

As the chair of the Immigration Task Force for the Congressional Asian Pacific American Caucus (CAPAC), I am working with my colleagues to:

• Reduce the backlogs for the family immigration;
• Provide a path to permanent residence for undocumented immigrants who work hard, pay taxes, undergo criminal and national security checks, and learn English and civics;
• Create legal ways for people who want to contribute to our economy to come work in the U.S., coupled with innovative wage and labor protections for U.S. and immigrant workers; and
• Assist more immigrants to learn English and prepare for citizenship.

A comprehensive bill would bring people out of the shadows to be fingerprinted and registered.  It would differentiate those who are here to make an honest living from the criminals who are afraid to report themselves. 

We cannot enforce ourselves out of the problems created by outdated immigration laws.  Sound bites and fear mongering contribute nothing to a solution.  We need a thoughtful debate with serious solutions that tackle economic realities and security needs while respecting our tradition as a nation of immigrants and a nation of laws.

Nearly all of our forebears came to this country seeking a better life and broader opportunities.  Where do we draw the line between those who can and can’t follow in their footsteps?

-30-