Senate Democrat Says Comprehensive Immigration Reform Not Likely in 2010

Immigration Passport StampSenator 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.

Senators Unveil "Blueprint" for Comprehensive Immigration Reform

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.

Immigration Reform Bill Might Call for Biometric Identification Cards

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.

Although the ID card would be required for all workers, including teenagers, implementation would occur in phases, starting with employers in industries that typically rely on illegal immigrant labor. Employers could verify job applicants’ biometric information by acquiring a scanner (costing approximately $800); smaller employers could bring job applicants to a government office for scanning. Workers currently employed would not need to obtain an ID card until they changed jobs.

If an ID card is instituted, the United States would join a host of countries already using biometrics for identification and immigration purposes. For example:

  • the United Arab Emirates requires residency visa holders to provide fingerprints;
  • the United Kingdom fingerprints all foreign nationals entering the country with biometric UK visas, entry clearances and identity cards; and
  • South Africa’s “Events Visa,” which will allow travelers attending the 2010 World Cup access to select African nations in addition to the host country, relies upon biometric verification technology for monitoring travelers’ movements.

Photo credit: Frette

Napolitano to Confer with Lawmakers on Full Range of Immigration Issues

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.