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Senator Jeff Merkley (D–OR), who has been working with Sen. Charles Schumer (D-NY) on a comprehensive immigration bill, does not expect action on immigration reform this year, according to The Hill. The senator’s statement exemplifies the on-again, off-again relationship that legislators have with immigration reform. Below is a brief recap of comprehensive immigration reform developments so far in 2010:

• February: Although immigration reform was a staple of President Obama’s campaign and early-term rhetoric, his State of the Union Address contained only one sentence on the topic.
• March: Senators Schumer and Lindsey Graham (R–SC) unveiled their “blueprint” for comprehensive reform.
• April: Senate Majority Leader Harry Reid (D–NV) predicted that the issue would not be addressed until after Memorial Day.
• June: President Obama urged Republicans to work with Democrats to pass a bill.
• July: In a keynote speech at American University’s School of International Service, President Obama pressed for immigration reform.
• August: A spokesperson for Senator Dick Durbin (D–IL), who introduced the Development, Relief and Education for Alien Minors Act (the "DREAM Act") (pdf), legislation to help students who immigrated to the U.S. as children obtain citizenship, reportedly said that comprehensive immigration reform is still possible in 2010.

Meanwhile, some state and local governments have attempted to fill the void they believe is created by federal inactivity on immigration reform, with Arizona attracting the most attention.

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Last Thursday, Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) released a framework for comprehensive immigration reform. Although a bill has yet to be introduced, the Senators outlined their “four pillar” reform strategy in a Washington Post opinion column. This plan would include “requiring biometric Social Security cards to ensure that illegal workers cannot get jobs; fulfilling and strengthening our commitments on border security and interior enforcement; creating a process for admitting temporary workers; and implementing a tough but fair path to legalization for those already here.” For more information on this development, please continue reading at Littler's Washington D.C. Employment Law Update blog.

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The Wall Street Journal reports that a mandatory biometric identification card for U.S. citizens and legal residents could be included in a comprehensive immigration reform bill being spearheaded by Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC). The card would contain standard identifying information, but would also contain a biometric identifier, e.g., fingerprints. Schumer has previously proposed such a card to replace E-Verify, the federal electronic employment verification system.

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Even with a considerable decrease in H-1B visa applications during the past year (nearly 20,000 visas remain available for 2009, whereas in 2008 over 163,000 applications were submitted within days of the entry period opening), issues surrounding the H-1B program remain very visible, so much so that Computerworld.com has issued a “10 top H-1B stories” list for fiscal year 2009. The following stories made the list:

1. The H-1B and L-1 Visa Reform Act of 2009. The bill would limit, to 50%, the percentage of visa holders a company could employ in its U.S. workforce.
2. Comprehensive Immigration Reform. Senator Charles Schumer (D-NY), chair of the Immigration, Refugees and Border Security subcommittee, is pushing for reform and supports the H-1B program. At a subcommittee hearing, former Fed Chairman Alan Greenspan spoke in favor of the H-1B visa.
3. TARP. Congress placed H-1B restrictions on banks receiving bailout money.
4. USCIS’s Increased Enforcement Efforts. Reports indicate that 20% of H-1B applications have problems, including fraud.
5. H-1B and Wages. A New York University / University of Pennsylvania study found evidence that H-1B workers reduced tech wages by as much as 6%.
6. The Recession. The economic downturn impacted the number of H-1B applications, particularly in the past few months.
7. Department of Justice Charges. The department filed complaints alleging H-1B fraud against a dozen individuals and companies, which some claim was the largest H-1B enforcement action ever taken by the federal government.
8. The Obama Administration. The President has appointed many H-1B supporters. Officials include IT industry leaders who benefit from the program and have argued for the end of H-1B visa restrictions.
9. Legal Challenges. Tech workers challenged President George W. Bush’s decision to extend (from 12 months to 29 months) the duration of student visas, alleging it created a vehicle to side-step H-1B restrictions.
10. The Shrinking IT Job Market. The H-1B visa program is central to the debate about the effects of globalization on the technology job market.

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BusinessWeek reports that a troubled economy coupled with domestic concerns about jobs being lost to legal, and illegal, immigrants or through outsourcing make immigration reform a difficult campaign promise for President Obama to keep. Although Obama reaffirmed his commitment to the issue last week while meeting with pro-immigrant activists, his efforts might be stymied by a bill—co-sponsored by his former Illinois colleague, Senator Dick Durbin—that seeks to significantly limit the issuance of H-1B visas. Conversely, legislation that will be unveiled in the upcoming months by Senator Charles Schumer is expected to garner Obama’s support.

The debate comes at a time when immigration is in decline. The number of foreigners immigrating for school or work has decreased, and many presently residing in the U.S. are electing to leave because of a poor job market and visa hassles. As we noted earlier this month, more than one-third of H-1B visas for fiscal year 2009 remain available.

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Senator Charles Schumer (D-NY) said he expects a comprehensive immigration reform bill to be completed by the end of this year, or early next year. According to Schumer, the bill will focus on increasing the number of highly skilled foreign workers in the U.S. and getting tougher on illegal immigration.

While business seeks to expand the skilled employee pool, particularly in the technology sector, unions have generally been against increased foreign labor. However, AFL-CIO and Change to Win, two prominent unions, came out earlier this year in favor of immigration reform, which they previously opposed. To appeal to both sides, Senator Schumer believes legislators will need to bridge the gap between them. "I think one of the ways to bridge it is to look at the different areas of labor and where there are shortages and where there are not and where just workers are being brought in for exploitive purposes — broadly put meaning just get lower wages — rather than having a shortage," Schumer said.
 

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Yesterday, the Senate approved by voice vote an amendment (S. AMDT. 1371) to the Department of Homeland Security (DHS) appropriations bill (H.R. 2892) that would make the E-Verify program permanent. Currently a voluntary initiative, E-Verify is an Internet based system operated by DHS in partnership with the Social Security Administration (SSA) that allows employers to electronically verify the employment eligibility of potential and current employees. The amendment – introduced by Sen. Jeff Sessions (R-Ala.) – requires that all government contractors who do work for the federal government use E-Verify to screen their potential hires. Following introduction of the amendment, Sen. Charles Schumer (D-NY) criticized the E-Verify program, saying that it is a flawed system that “creates havoc for both employers and employees.” Continue reading about this development on Littler's Washington D.C. Employment Law Update blog.

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Senator Charles Schumer (D-NY), chairman of the Senate Judiciary subcommittee on immigration, has strongly criticized the E-Verify system and proposes replacing it with a biometric-based federal employment verification system. As reported by Workforce Management, Schumer has called E-Verify “unfair” because it singles out individuals with Hispanic surnames and “ineffective” because unauthorized workers can slip through the system by using stolen Social Security numbers and fake IDs.

However, it is far from certain that Schumer’s plan to scrap E-Verify will succeed. The House recently approved a homeland security appropriations bill that includes a two-year reauthorization of E-Verify, and it also has approved redirecting $50 million of the DHS budget to the U.S. Customs and Immigration Services for E-Verify enhancements.

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President Barack Obama has asked Homeland Security Secretary Janet Napolitano to meet regularly with members of Congress in order to systematically resolve various immigration issues, including treatment of the 12 million illegal immigrants currently in the country and prevention of illegal immigration going forward. As reported by Reuters, statements by Obama and by various lawmakers emphasize the urgent need to enact immigration reforms soon.

Following a recent meeting with Republican and Democratic lawmakers, Obama told the press, “Despite our inability to get this passed over the last several years, the American people still want to see a solution.” Also following the meeting, Senator Charles Schumer (D-NY) stated that Obama has set a goal of passing legislation by the end of 2009 or early 2010. Senator Lindsey Graham (R-SC) stated that, due to the political heat caused by immigration issues, he sees only “one more chance” to enact legislation:

If we can't get it done this time around, no politician is going to take this up in a generation. That would be a shame for this country.

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Senator Charles Schumer (D-NY), the new chairman of the immigration subcommittee, strongly supports introducing "forgery-proof" worker identification cards, which would be secured with fingerprints or other biometric data. Schumer, who is heading the Senate’s efforts to draft comprehensive immigration reform legislation, has stated that such an ID card would be the best method of confirming that workers are authorized. As reported in The Los Angeles Times, Schumer is likely to present the worker ID card plan at an upcoming hearing on employee verification systems.

In his book Positively American (published in 2007), Schumer wrote: “The ID will make it easy for employers to avoid undocumented workers, which will allow for tough sanctions against employers who break the law, which will lead to no jobs being available for illegal immigrants, which will stop illegal immigration. …. Once Americans are convinced that we will permanently staunch the flow of illegal immigration, they will be more willing to accept constructing a path toward earned citizenship for those who are already here.”

Although some business and community organizations support the concept of a worker ID card, others argue that the cards would violate privacy rights and civil rights.

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