comprehensive immigration reform - naco immigratio… · counties are often the health care...
TRANSCRIPT
The Senate’s Comprehensive Immigration Reform
Proposal (S. 744): Outlook for Counties
WWW.NACO.ORG | JUNE 2013
Comprehensive Immigration Reform
and the Outlook for Counties
WWW.NACO.ORG | FEBRUARY 2014
Why Immigration Reform Matters to Counties Presentation Overview
About NACo
Why Immigration Reform Matters to Counties
Immigration Reform in Context
Outlook for Reform Legislation
Key Provisions of the Senate Bill (S. 744)
WWW.NACO.ORG | FEBRUARY 2014 | 3
Why Immigration Reform Matters to Counties About NACo
The National Association of Counties
(NACo) is the only national
organization that represents county
governments in the United States.
Founded in 1935, NACo assists
America's 3,069 counties in pursuing
excellence in public service to produce
healthy, vibrant, safe and resilient
counties. NACo promotes sound public
policies, fosters county solutions and
innovation, promotes intergovernmental
and public-private collaboration, and
provides value-added services to save
counties and taxpayers money.
Healthy, vibrant, safe
and resilient counties
across America
WWW.NACO.ORG | FEBRUARY 2014 | 4
Why Immigration Reform Matters to Counties Why Counties Matter
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Why Immigration Reform Matters to Counties Why Immigration Reform
Matters to Counties
Counties are often the health care providers of last
resort for the uninsured and underinsured There are an estimated 11 million undocumented immigrants in the
U.S., roughly seven million of whom have no health insurance
Counties provide for the public safety of all
individuals, including undocumented immigrants Border counties are often involved in the apprehension and detention
of undocumented immigrants
Counties provide free elementary and secondary
education without regard to immigration status Immigration reform would increase demand for adult education, at a
time when states have reduced funding for such programs
WWW.NACO.ORG | FEBRUARY 2014 | 6
Why Immigration Reform Matters to Counties
Healthcare Education Public Safety
Counties must provide
emergency health care to all,
including undocumented
immigrants
Counties must provide
elementary and secondary
education to all, including
undocumented immigrants
Counties provide for the
public safety of all
individuals, including
undocumented immigrants
Some counties provide health
care to immigrants who are
not yet eligible for federal
means-tested benefits
Counties spend more than
$60 billion per year on the
provision of education to
residents
2,865 of the nation’s 3,069
counties own jails or
participate in the operation of
regional jails
Counties operate 964
hospitals nationwide, and
spend roughly $68 billion
annually on health care
services for the public
Counties will be affected by
increased demand for
English language classes as
undocumented immigrants
integrate into society
Counties rely on the State
Criminal Alien Assistance
Program for reimbursements
related to the incarceration of
undocumented immigrants
Why Immigration Reform
Matters to Counties
WWW.NACO.ORG | FEBRUARY 2014 | 7
Why Immigration Reform Matters to Counties
Lawful Permanent
Residents (aged 18+)*
Lawful Permanent
Residents
(under 18)*
Lawful Permanent
Residents
(pregnant
women)*
Refugees,
Asylees,
Victims of
Trafficking,
Others**
Lawfully Present
Individuals***
Unauthorized Individuals
(including children and
pregnant women)
Affordable Care Act
subsidies, premium
tax credits and cost-
sharing reductions
Eligible Eligible Eligible Eligible Eligible Not Eligible
(also not eligible for full-
priced health insurance under
the exchanges)
Supplemental
Nutrition Assistance
Program (SNAP)
Not eligible until after 5 year
waiting period or credit for 40
quarters of work
Eligible Not eligible until
after 5 year waiting
period or credit 40
quarters of work
Eligible Not eligible Not eligible
Medicaid Not eligible
until after 5 year waiting
period
State option
to provide without 5
year waiting period ^
State option
to provide without 5
year waiting period
Eligible State option
for children under 21
and pregnant women
Eligible only for emergency
Medicaid
Children’s Health
Insurance Program
(CHIP)
Not eligible
until after 5 year waiting
period
State option
to provide without 5
year waiting period
State option
to provide without 5
year waiting period
Eligible State option
for children under 21
and pregnant women
Not eligible
Temporary
Assistance for Needy
Families (TANF)
Not eligible
until after 5 year waiting
period
Not eligible
until after 5 year waiting
period
Not eligible
until after 5 year
waiting period
Eligible Not eligible Not eligible
Social Security’s
Supplemental
Security Income
Program (SSI)
Not eligible until after 5 year
waiting period and have credit
for 40 quarters of work or
meet another exception ^^
Not eligible until after 5
year waiting period and
have credit for 40
quarters of work or
meet another exception
Not eligible until
after 5 year waiting
period and have
credit for 40
quarters of work
Only eligible
during first 7
years after
status is
granted
Not eligible Not eligible
Chart Notes * If the individual entered the
U.S. on or after 8/22/1996
** Includes individuals
granted withholding of
deportation or removal
*** Includes groups
granted Temporary
Protected Status
^ Eligible regardless
of state option if
receiving federal foster care
^^ A quarter of work is
equivalent to three months
of employment
Immigrants are Eligible for Some Means-Tested Programs under Current Law
Why Immigration Reform
Matters to Counties
Source: National Immigration Law Center WWW.NACO.ORG | FEBRUARY 2014 | 8
Why Immigration Reform Matters to Counties
Some States Extend Medicaid/CHIP to
New Immigrant Children & Pregnant Women
Why Immigration Reform
Matters to Counties
Source: Urban Institute WWW.NACO.ORG | FEBRUARY 2014 | 9
Why Immigration Reform Matters to Counties Why Immigration Reform
Matters to Counties
Source: Migration Policy Institute, May 2013
Share of Undocumented Adults Age 19 and Older Without Health Insurance,
by State of Residence, 2011
Note: states that are not shaded had samples that
were too small to support reliable insurance
coverage estimates. WWW.NACO.ORG | FEBRUARY 2014 | 10
Why Immigration Reform Matters to Counties
Immigration Reform in Context
WWW.NACO.ORG | FEBRUARY 2014 | 11
Why Immigration Reform Matters to Counties
The Foreign Born Population in the United States
Continues to Increase
Immigration Reform in Context
Source: Congressional Budget Office WWW.NACO.ORG | FEBRUARY 2014 | 12
Why Immigration Reform Matters to Counties
Share of States’ Population that is Foreign-Born, 2012
20% and Higher 14% to 20% 9% to 14% Less than 9%
Immigration Reform in Context
Source: Congressional Budget Office WWW.NACO.ORG | FEBRUARY 2014 | 13
Why Immigration Reform Matters to Counties
States with the Highest Concentration of Foreign-Born Populations
Immigration Reform in Context
Source: Pew Hispanic Center
California
10.2 Million
27.1%
New York
4.3 Million
22.2% New Jersey
1.9 Million
21.3%
Texas
4.2 Million
16.5%
Florida
3.7 Million
19.4%
Number of Immigrants and Percentage of State Population
WWW.NACO.ORG | FEBRUARY 2014 | 14
Why Immigration Reform Matters to Counties
Number of Undocumented Immigrants in the
United States, by Birthplace, 2000 and 2011
Immigration Reform in Context
2011
2000
Mexico
El Salvador,
Guatemala,
and Honduras Other
Countries
Total
8.5
Total
11.5 6.8 1.6 3.2
4.7 0.9 2.9
Millions
Source: Congressional Budget Office WWW.NACO.ORG | FEBRUARY 2014 | 15
Why Immigration Reform Matters to Counties
Country of Birth of the Undocumented Immigrant Population
Immigration Reform in Context
Source: U.S. Department of Homeland Security WWW.NACO.ORG | FEBRUARY 2014 | 16
Why Immigration Reform Matters to Counties
States of Residence of the Undocumented Immigrant Population
Immigration Reform in Context
Source: U.S. Department of Homeland Security WWW.NACO.ORG | FEBRUARY 2014 | 17
Why Immigration Reform Matters to Counties
Age Range of the Undocumented Immigrant Population
Immigration Reform in Context
Source: U.S. Department of Homeland Security WWW.NACO.ORG | FEBRUARY 2014 | 18
Why Immigration Reform Matters to Counties
The Share of Minorities among the Voting Population is Increasing
Immigration Reform in Context
Source: National Journal WWW.NACO.ORG | FEBRUARY 2014 | 19
Why Immigration Reform Matters to Counties
Recent polls show that a
large majority of
Americans support
immigration reform that
would give legal status to
undocumented
immigrants. This poll,
conducted by the Pew
Research Center, shows
that 73 percent of those
surveyed felt that
undocumented
immigrants should be
given some path to legal
status.
Undocumented immigrants
should have some way to
stay in the U.S. legally
73%
Should have a path to citizenship
Should have a path to
permanent residency only
Don’t know which path 4%
Should not be allowed to stay
legally
Don’t know 4%
Immigration Reform in Context
Source: Pew Research Center, via National Journal WWW.NACO.ORG | FEBRUARY 2014 | 20
Why Immigration Reform Matters to Counties
Outlook for Reform Legislation
WWW.NACO.ORG | FEBRUARY 2014 | 21
Why Immigration Reform Matters to Counties Outlook for Reform Legislation
Past Immigration Proposals
Source: National Journal WWW.NACO.ORG | FEBRUARY 2014 | 22
Why Immigration Reform Matters to Counties
Timing of Immigration Reform is Uncertain
With large populations of undocumented immigrants and foreign-born voters who
consider immigration reform a major priority in the U.S., there is growing pressure on
Congressional leadership to enact reform during the 113th Congress
The Senate passed its version of a comprehensive measure (S. 744) on June 27 in a 68-
32 vote
The House has passed five incremental measures (slide 26), and House Speaker John
Boehner (R-Ohio) has released principles for reform that encompass those measures
and would add a path to legalization for undocumented individuals and a path to
citizenship for individuals who were brought into the country as children
A comprehensive measure (H.R. 15) largely based on S. 744 has been introduced in the
House and has 194 cosponsors, including three Republicans
If and when both chambers pass reform legislation, a Senate and House conference will
be held to reconcile the differences between the bills
Outlook for Reform Legislation
WWW.NACO.ORG | FEBRUARY 2014 | 23
Why Immigration Reform Matters to Counties
Status of Current Immigration Reform Proposals
Proposal or Legislation Sponsors Status
White House
Immigration Reform Proposal President Obama
• A draft of the president’s immigration
reform proposal was leaked to the
press Feb. 16, 2013
• Unlikely to become a bill unless
Congress becomes gridlocked
Senate Measure:
Border Security, Economic Opportunity,
and Immigration Modernization Act of
2013 (S. 744)
“Senate Gang of Eight”
Sen. Michael Bennet (D-Colo.)
Sen. Dick Durbin (D-Ill.)
Sen. Jeff Flake (R-Ariz.)
Sen. Lindsey Graham (R-S.C.)
Sen. John McCain (R-Ariz.)
Sen. Bob Menendez (D-N.J.)
Sen. Marco Rubio (R-Fla.)
Sen. Chuck Schumer (D-N.Y.)
• Introduced on April 17, 2013
• On May 21, 2013, the Senate
Judiciary Committee voted to move
legislation onto Senate floor for
consideration
• Passed on June 27, 2013 by a 68-32
vote
House Immigration Reform Proposal Unknown at this time
• It was reported on May 16, 2013 that
key House Members have reached an
agreement on comprehensive reform
principles, but few details are
available. The House Judiciary
Committee has approved four
incremental measures
Source: National Journal
Outlook for Reform Legislation
WWW.NACO.ORG | FEBRUARY 2014 | 24
Why Immigration Reform Matters to Counties
Incremental House Immigration Reform Legislation Should House negotiators fail to reach a compromise on a comprehensive immigration reform proposal,
the House Republican leadership may move a series of smaller bills instead; some have already been
approved by the House Judiciary Committee:
Legislation Sponsor(s) Summary NACo Policy
Legal Workforce Act
(H.R. 1772)
Approved by House Judiciary
Committee on June 26, 2013
Rep. Lamar Smith (R-Texas)
Rep. Bob Goodlatte (R-Va.)
Mandates that local and state governments
verify the immigration status of current
employees who have not gone through the E-
Verify system; mandates implementation
of E-Verify within 12-24 months
NACo opposes unfunded
mandates imposed on state and
local governments, and has
voiced its opposition to similar E-
Verify bills in the past
SKILLS Visa Act
(H.R. 2131)
Approved by House Judiciary
Committee on June 27, 2013
Rep. Darrell Issa (R-Calif.)
Rep. Bob Goodlatte (R-Va.)
Increases H-1B employment visas to 155,000
a year, from the current level of 65,000
NACo does not have policy on
the numerical caps for H-1B
employment visas
The Agricultural Guest Worker Act
(H.R. 1773)
Approved by House Judiciary
Committee on June 19, 2013
Rep. Bob Goodlatte (R-Va.)
Establishes a new H-2C visa program for all
aspects of the agriculture industry; initial
length of stay of 18 months for seasonal
workers and 36 months for permanent
workers; no path to citizenship
NACo does not have policy on
this particular bill, but in general
supports the establishment of an
orderly temporary worker
program
Strengthen and Fortify Enforcement
Act (SAFE)
(H.R. 2278)
Approved by House Judiciary
Committee on June 18, 2013
Rep. Trey Gowdy (R-S.C.)
Compels state and local government to
enforce all immigration laws by changing
unlawful presence from a civil to a criminal
violation
NACo opposes unfunded
mandates requiring that counties
enforce civil immigration laws
such as those included in H.R.
2278
Border Security Results Act
(H.R. 1417)
Approved by House Homeland
Security Committee on May 15, 2013
Rep. Michael McCaul (R-
Texas)
Requires the Department of Homeland
Security to develop a plan for a verifiable 90%
apprehension rate on the southwest border
within 5 years
NACo does not have policy on
this particular bill
Outlook for Reform Legislation
WWW.NACO.ORG | FEBRUARY 2014 | 25
Why Immigration Reform Matters to Counties
Committees with Jurisdiction over Immigration Reform
House Committee on the Judiciary Senate Committee on the Judiciary
Majority
Bob Goodlatte (R-Va.), Chairman
Trent Franks (R-Ariz.)
Howard Coble (R-N.C.)
Jim Sensenbrenner (R-Wis.)
Trey Gowdy (R-S.C.)
Spencer Bachus (R-Ala.)
Lamar Smith (R-Texas)
Steve Chabot (R-Ohio)
Darrell Issa (R-Calif.)
J. Randy Forbes (R-Va.)
Steve King (R-Iowa)
Louie Gohmert (R-Texas)
Jim Jordan (R-Ohio)
Ted Poe (R-Texas)
Jason Chaffetz (R-Utah)
Tom Marino (R-Pa.)
Mark Amodei (R-Nev.)
Raul R. Labrador (R-Idaho)
Blake Farenthold (R-Texas)
George Holding (R-N.C.)
Doug Collins (R-Ga.)
Ron DeSantis (R-Fla.)
Minority
John Conyers Jr. (D-Mich.)
Ranking Member
Jerrod Nadler (D-N.Y.)
Robert C. Scott (D-Va.)
Melvin Watt (D-N.C.)
Zoe Lofgren (D-Calif.)
Sheila Jackson-Lee (D-Texas)
Steve Cohen (D-Tenn.)
Hank Johnson (D-Ga.)
Pedro Pierluisi (D-P.R.)
Judy Chu (D-Calif.)
Ted Deutch (D-Fla.)
Luis Gutierrez (D-Ill.)
Karen Bass (D-Calif.)
Cedric Richmond (D-La.)
Suzan DelBene (D-Wash).
Joe Garcia (D-Fla.)
Hakeem Jeffries (D-N.Y.)
Majority
Patrick Leahy (D-Vt.), Chairman
Dianne Feinstein (D-Calif.)
Charles Schumer (D-N.Y.)
Dick Durbin (D-Ill.)
Sheldon Whitehouse (D-R.I.)
Amy Klobuchar (D-Minn.)
Al Franken (D-Minn.)
Chris Coons (D-Del.)
Richard Blumenthal (D-Conn.)
Mazie Hirono (D-Hawaii)
Minority
Chuck Grassley (R-Iowa)
Ranking Member
Orrin Hatch (R-Utah)
Jeff Sessions (R-Ark.)
Lindsey Graham (R-S.C.)
John Cornyn (R-Texas)
Mike Lee (R-Utah)
Ted Cruz (R-Texas)
Jeff Flake (R-Ariz.)
Outlook for Reform Legislation
WWW.NACO.ORG | FEBRUARY 2014 | 26
Why Immigration Reform Matters to Counties
Key Provisions of the U.S. Senate’s
Comprehensive Immigration
Reform Bill (S. 744)
WWW.NACO.ORG | FEBRUARY 2014 | 27
Why Immigration Reform Matters to Counties Key Provisions of S. 744
Enhanced border security initiatives
Securing the border would serve as a prerequisite to the path to
citizenship for undocumented immigrants
Earned pathway to citizenship for undocumented immigrants who
meet eligibility requirements
Major reforms to legal immigration and family and employment visa
programs
Allocation of over $8 billion in fees and penalties generated from the
bill to deficit reduction
The fees and penalties would be paid by undocumented immigrants as
they move through the path to citizenship
Major Themes in the Senate’s Immigration Reform Proposal
WWW.NACO.ORG | FEBRUARY 2014 | 28
$20M
$50M
$80M
$80M
$250M
$250M
$250M
$500M
$500M
$500M
$1B
$1B
$6.5B
Establish Bureau of Immigration and Labor Market Research
Fund Office of Citizenship and New Americans
Finance campaigns to introduce and explain employment…
Protect against discrimination based on citizenship status
Increase border crossing prosecutions
Enhance law enforcement preparedness along borders
Fund states that share driver's license information for…
Fund organizations providing legal assistance to immigrants
Fund programs supporting immigrant integration
Reimburse carrier implementation of identity-theft resistent…
Limit expenses related to increasing integrity of Social…
Support enforcement of employment verification system
Increase border security
Why Immigration Reform Matters to Counties Key Provisions of S. 744
Funding Allocations in the Senate Immigration Reform Bill
Source: National Journal WWW.NACO.ORG | FEBRUARY 2014 | 29
Why Immigration Reform Matters to Counties Key Provisions of S. 744
Breakdown of Funding for Border Security Initiatives in S. 744
Source: National Journal WWW.NACO.ORG | FEBRUARY 2014 | 30
Why Immigration Reform Matters to Counties
Enforcement of Border and Ports of Entry
NACo Policy S. 744 President’s Proposal
• NACo supports the
enhancement of U.S. border
security
• Before previously undocumented immigrants can
adjust to legal permanent resident status, border
enforcement initiatives must be completed, and the E-
Verify and entry-exit tracking systems must be in
place
• Would mandate 24-hour surveillance of the southwest
border, including unmanned aircraft, upgrades to
helicopter fleets and mobile communications systems
• Would call for an entry-exit tracking system to
determine whether persons entering on temporary
visas have left the country as required
• Adds 20,000 border patrol agents to the southern
border
• Would call for the improvement
of infrastructure at ports of entry
and for technology to control
land and maritime borders
Key Provisions of S. 744
WWW.NACO.ORG | FEBRUARY 2014 | 31
Why Immigration Reform Matters to Counties
Enforcement of Border and Ports of Entry, cont.
NACo Policy S. 744 President’s
Proposal
• NACo opposes
unfunded mandates
that would require
counties to enforce
civil immigration laws
• No unfunded mandates that require counties to enforce civil immigration laws
• Would provide funding to federal, state and local law enforcement in the
southwest border to purchase and upgrade communications systems
• Would also establish a southwest border prosecution initiative to reimburse
state, county, tribal and municipal governments for prosecution and pre-trial
detention costs of federally initiated cases declined by local U.S. Attorneys’
Offices
• Would provide $30 million a year for Operation Stonegarden, which provides
grants to southwestern states for costs related to illegal immigration and drug
smuggling
• No unfunded
mandates that
require counties to
enforce civil
immigration laws
• Would provide
additional funding for
tribal governments
along the southwest
border
• NACo supports the
full funding of the
State Criminal Alien
Assistance Program
(SCAAP), which is
currently funded at
only $240 million
• Would reauthorize SCAAP through FY2015 at a level of $950 million per year
• Sen. Diane Feinstein (D-Calif.) sponsored an amendment to S.744 that
would allow reimbursements under SCAAP for the incarceration of
individuals who have not been convicted of a crime, and would continue
reimbursements for “unknown” individuals – those who do not appear in
the Department of Homeland Security database because they have not
previously come in contact with federal immigration authorities. The
amendment, which NACo supported, was adopted by voice vote
• The President’s
FY2014 budget
request proposes to
eliminate SCAAP
Key Provisions of S. 744
WWW.NACO.ORG | FEBRUARY 2014 | 32
Why Immigration Reform Matters to Counties
Enforcement Task Forces and Community Liaisons
NACo Policy S. 744 President’s Proposal
• NACo supports the inclusion of
county elected officials in all
relevant task forces and
commissions
• Would establish a 10-member Southwest Border
Commission of governors, attorneys general and
community leaders
• Would establish a 26-member Homeland
Security Border Oversight Task Force appointed
by the president, comprised of 11 members from
the northern border region and 15 from the
southern border region; includes local
government elected officials
• Would call for the U.S.
Department of Homeland Security
to establish community liaisons
along the northern and southern
borders
Key Provisions of S. 744
WWW.NACO.ORG | FEBRUARY 2014 | 33
Why Immigration Reform Matters to Counties
Workplace Enforcement: E-Verify
NACo Policy S. 744 President’s Proposal
• NACo is concerned about the
costs of implementing the E-Verify
system for current employees,
especially if the public sector is
required to implement the
program sooner than the private
sector (most counties have
already implemented E-Verify for
new hires)
• Would mandate E-Verify system for new hires,
but not for current workers
• Would mandate E-Verify for the public and
private sectors
• Employers with more than 5,000 employers
would be given two years to implement the
system; those with more than 500 employees
would be given three years; agricultural
employers would be given four years
• Would prohibit national ID cards and list
documents, such as driver’s licenses, that can be
used to meet REAL ID Act requirements
• Would provide $250 million in grants to states
that voluntarily submit state driver’s license
photos to the E-Verify system
• Would call for the phase-in of a
mandatory, electronic verification
system over five years, as well as
increasing penalties for hiring
unauthorized workers
Key Provisions of S. 744
WWW.NACO.ORG | FEBRUARY 2014 | 34
Why Immigration Reform Matters to Counties
Pathway to Citizenship for Undocumented Immigrants
NACo Policy S. 744 President’s Proposal
• NACo supports an earned path
to citizenship for
undocumented immigrants that
includes registration
requirements, English and
civic competency, payment of
outstanding taxes and fines,
and criminal background
checks
• NACo recognizes that some
counties and states will be
affected by the fact that S. 744
would consider individuals on
its path to citizenship to be
“lawfully present”
• Would create a path to citizenship for
undocumented immigrants who were physically
present in the U.S. on or before December 31,
2011, and are not disqualified due to criminal
backgrounds or other categories of inadmissibility
• Would require eligible undocumented immigrants
to come forward, register, and pay outstanding
taxes and fees
• Would first grant Registered Provisional Immigrant
(RPI) status to undocumented immigrants,
followed by Legal Permanent Resident (LPR)
status, and finally citizenship; reaching citizenship
would take 13-15 years for most undocumented
immigrants
• Undocumented immigrants on the path to
citizenship would be considered “lawfully present”
for purposes other than those related to the
Affordable Care Act
• Would create a provisional legal
status for undocumented
immigrants, ultimately leading to
LPR status and citizenship
Key Provisions of S. 744
WWW.NACO.ORG | FEBRUARY 2014 | 35
Why Immigration Reform Matters to Counties
Requirements for Registered Provisional Immigrant (RPI) Status Under the Senate’s comprehensive reform proposal, RPI status is the first step on the
path to citizenship for undocumented immigrants, followed by Legal Permanent
Resident (LPR) status, and citizenship, respectively
NACo Policy S. 744 President’s Proposal
• NACo supports
requirements similar
to those included in
S. 744 for RPI status
• Would require the Secretary of the U.S. Department of Homeland
Security to certify that border security measures required under
the bill have begun, as a “trigger” to RPI status adjustments
• Undocumented immigrants who were physically present in the
U.S. on or before December 31, 2011 would be eligible for RPI
status
• Individuals with serious criminal backgrounds or who pose a
threat to national security would not be eligible for RPI status
• Eligible applicants would be required to pay assessed taxes and
application fees
• RPI status would initially last for six years, but would be
renewable as long as the individual has not become ineligible
during that time; there is a $500 fee for initial application, and
another $500 fee for renewal
• Undocumented immigrants
wishing to adjust to
provisional status would be
required to come forward,
register, pass background
checks, and pay fees and
penalties
Key Provisions of S. 744
WWW.NACO.ORG | FEBRUARY 2014 | 36
Why Immigration Reform Matters to Counties
Requirements for Legal Permanent Resident (LPR) Status
NACo Policy S. 744 President’s Proposal
• NACo recognizes that counties
will be affected by requirements
for Legal Permanent Resident
(LPR) status that call for
English and civics competency
• Would require the Secretary of the U.S. Department
of Homeland Security to certify that border security
measures required under the bill are “substantially
operational,” as a “trigger” to adjustment of RPI to
LPR status
• Most individuals in RPI status would be required to
wait 10 years before adjusting to Legal Permanent
Resident (LPR) status
• Individuals in RPI status would be required to pass
additional background checks, to demonstrate
English and civics competency, and to show a
history of employment in the U.S.
• Immigrants in RPI status would pay a $1,000 fee
when applying for LPR status; this is in addition to
the two $500 fees paid during RPI status
• Most individuals who achieve RPI, and then LPR
status, would be eligible to apply for citizenship
after three years as LPRs
• Immigrants in provisional status
would have to pass additional
background checks, demonstrate
English and civics competency,
and register for Selective Service
(“the draft”), where applicable
• As under current law, immigrants
who achieve LPR status would be
eligible to apply for citizenship
after five years
Key Provisions of S. 744
WWW.NACO.ORG | FEBRUARY 2014 | 37
Why Immigration Reform Matters to Counties
Expedited Paths to Citizenship
NACo Policy S. 744 President’s Proposal
• NACo supports policies that
provide expedited paths to
citizenship for individuals who
were brought to the U.S. as
minors, and for agricultural
workers
• Undocumented immigrants who came to the U.S.
as children (commonly referred to as DREAMers),
and those who have been working in the
agricultural industry without authorization, would
have an expedited path to Legal Permanent
Residency and citizenship
• DREAMers would be able to adjust to LPR status
after five years in RPI status, and to apply for
citizenship immediately after receiving LPR status;
DREAMers are also exempt from the $1,000 fee
for adjustment from RPI to LPR status
• Agricultural workers who worked 575 hours or 100
days during the two year period prior to December
31, 2012 would be eligible to apply, along with
their dependents, for a “blue card,” which would in
turn allow them to apply for LPR status after five
years as “blue card” holders
• Individuals who were brought to
the country as children would
have an expedited path to
citizenship; the proposal is silent
on expedited paths for agricultural
workers
Key Provisions of S. 744
WWW.NACO.ORG | FEBRUARY 2014 | 38
Why Immigration Reform Matters to Counties
Federal Benefit Programs
NACo Policy S. 744 President’s Proposal
• NACo supports grants to states
and counties for health and
education, funded by fees
established in immigration reform
legislation, and is working with
members of Congress to
establish such grants
• NACo has a long-standing policy
supporting the elimination of the
five-year waiting period for
access to means-tested services
by legal permanent residents
• Current restrictions against receiving means-tested
services such as Medicaid (except in cases of
emergency) would continue
• Individuals in RPI status would not be eligible for
Affordable Care Act tax credits or subsidies, but
would be exempt from its individual mandates
• There would be no change to the current five-year
waiting period faced by Legal Permanent
Residents for means-tested services
• Would address state and county foster care plans
for citizen children whose parents are in removal
proceedings
• Current restrictions against
receiving means-tested services
such as Medicaid (except in cases
of emergency) would continue
• Individuals in provisional status
would be prohibited from receiving
subsidies or tax credits under the
Affordable Care Act
• There would be no change to the
five-year waiting period for access
to means-tested services by legal
permanent residents
Key Provisions of S. 744
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Why Immigration Reform Matters to Counties
Reforming Legal Immigration - Changes to Visa Programs
NACo Policy S. 744 President’s Proposal
• NACo does not have policy on
family visa categories or
methods of reducing the
employment visa backlogs, but
generally supports the
streamlining of the immigration
system
• Would create a Merit Based Visa System, which
would award points to applicants based on a number
of factors, including education and employment
history, and would grant between 120,000 and
250,000 immigrant visas per year, depending on the
U.S. unemployment rate
• Would eliminate the Diversity Visa program, which
currently awards 50,000 immigrant visas per year to
individuals from underrepresented countries
• The numerical limit on visas issued to spouses and
minor children of LPRs would be eliminated
• Family-based immigrant visas for siblings of U.S.
citizens and for married children of U.S. citizens who
are 30 or older would be eliminated, but such siblings
and married children would receive a point boost in
the Merit Based Visa system
• The bill would create a new nonimmigrant “V” visa for
beneficiaries of family visa petitions to live and work
in the U.S. while waiting for their immigrant visas to
be approved
• The proposal would temporarily
increase annual visa numbers,
and would recapture unused
visas to eliminate visa backlogs
Key Provisions of S. 744
WWW.NACO.ORG | FEBRUARY 2014 | 40
Why Immigration Reform Matters to Counties
Science, Technology, Engineering and Mathematics (STEM) Visas
NACo Policy S. 744 President’s Proposal
• NACo supports the STEM visa
program
• Individuals who earn a Master’s or other
postgraduate degree in STEM fields from
American universities would be eligible to apply
for Legal Permanent Resident status, and
thereafter, citizenship
• Spouses and minor children of such individuals
would also be eligible to apply for Legal
Permanent Resident Status
• Individuals who earn a Master’s
or other postgraduate degree in
STEM fields from American
universities would be eligible to
apply for Legal Permanent
Resident status, and thereafter,
citizenship
Key Provisions of S. 744
WWW.NACO.ORG | FEBRUARY 2014 | 41
Why Immigration Reform Matters to Counties
New Work Visas and Economic Development Visa Changes
NACo Policy S. 744 President’s Proposal
• NACo supports a temporary
worker visa program
• NACO supports the Job
Opportunities through Launching
Tourism Act (JOLT)
• Would establish a workable program to meet the
needs of the agricultural industry that covers all
aspects of the industry, not just seasonal workers
• Would establish a new W-visa program that would
allow more low-skilled immigrants to enter the
U.S. when the economy is creating jobs, and less
when the economy is not creating jobs
• Would create a new category of visas for
investors
• Would make changes to JOLT, designed to attract
more tourism
• Would create new visa categories
for highly-skilled immigrants
• Would create a new start-up
investor visa category, with
incentives for those who invest in
rural and economically depressed
areas
Key Provisions of S. 744
WWW.NACO.ORG | FEBRUARY 2014 | 42
For more legislative presentations,
visit www.naco.org
For questions or more information, feel free to contact us
Contact Us!
Paul Beddoe: Health, Deputy Legislative Director [email protected] or 202.942.4234 Michael Belarmino: Finance & Intergovernmental Affairs [email protected] or 202.942.4254 Daria Daniel: Community and Economic Development [email protected] or 202.942.4212 Yejin Jang: Telecommunications and Technology, DHS/FEMA [email protected] or 202.942.4239 Jessica Monahan: Transportation [email protected] or 202.942.4217
Arlandis Rush: Justice, Public and Safety [email protected] or 202.942.4236 Marilina Sanz: Human Services and Education [email protected] or 202.942.4260 Arthur Scott: Agriculture and Rural Affairs [email protected] or 202.942.4230 Hadi Sedigh: Workforce and Pensions [email protected] or 202.942.4213 Julie Ufner: Environment, Energy & Land Use [email protected] or 202.942.4269
Matthew Chase, NACo Executive Director
NACo was named one of nine remarkable associations in the United States after a four-year study conducted by the American Society of Association Executives
and The Center for Association Leadership because of its commitment to members and purpose
Questions?
Deborah Cox: Legislative Director [email protected] or 202.942.4286