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 | JUNE 2013
Why Immigration Reform Matters to Counties Presentation Overview
About NACo
Why Immigration Reform Matters to Counties
Immigration Reform in Context
Outlook for Legislation in the House and Senate
Key Provisions of the Senate Bill (S. 744) WWW.NACO.ORG | JUNE 2013 1
Why Immigration Reform Matters to Counties About NACo The National Association of Counties (NACo) assists America's
counties in pursuing excellence in public service by advancing
sound public policies, promoting county solutions and innovations,
fostering intergovernmental and public-private collaboration, and
providing value-added services to save counties and taxpayers money
Founded in 1935, NACo provides the elected and appointed leaders
from the nation's 3,069 counties with the knowledge, skills and
tools necessary to provide fiscally-responsible, quality-driven, and
results-oriented policies and services for healthy, vibrant, safe and
resilient counties WWW.NACO.ORG | JUNE 2013 2
NACo recently produced Why Counties Matter to show how COUNTY GOVERNMENTS PLAY A KEY ROLE IN AMERICA’S SYSTEM OF FEDERALISM AND INTERGOVERNMENTAL COLLABORATION Download the video from the NACo website and show it to community groups, in schools and to business leaders. Use the video to talk about the national role of counties, plus discuss the specific roles and services of your county. Take this opportunity and spread the word and show Why Counties Matter! http://www.naco.org/Counties/Pages/Why-Counties-Matter.aspx
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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 | JUNE 2013 5
Why Immigration Reform Matters to Counties NACo Immigration Reform Task Force
WWW.NACO.ORG | JUNE 2013 6
Co-Chairs
Vice Chair
Angel G. Estrada Freeholder
Union County (NJ)
Members
J. Walter Tejada Supervisor, Chair
Arlington County (VA)
Mary Rose Wilcox Supervisor
Maricopa County (AZ)
Elizabeth Archuleta Supervisor, Chair
Coconino County (AZ)
Lindora Baker Commissioner
Caddo Parish (LA)
Kimbrough L. Ballard Chairman and Probate Judge
Dallas County (AL)
Richard Bengtsson Director, Human Services
El Paso County (CO)
Salud Carbajal Supervisor, Chair
Santa Barbara County (CA)
Efren Carrillo Supervisor
Sonoma County (CA)
Toni Carter Commissioner
Ramsey County (MN)
Kenneth A. Dahlstedt Commissioner, Chair Skagit County (WA)
Audrey Edmonson Commissioner, Vice Chair Miami-Dade County (FL)
Elba Garcia Commissioner
Dallas County (TX)
Terry Edward Garrison Commissioner
Vance County (NC)
Gregg Goslin Commissioner
Cook County (IL)
Paul Gutierrez Executive Director
New Mexico Association of Counties
G. Riki Hokama Council Member Maui County (HI)
Chester E. Pintarelli Administrator, Medical Care
Iron County (MI)
Paula Prentice Council Member
Summit County (OH)
Dave Roberts Supervisor
San Diego County (CA)
Manuel Ruiz Supervisor
Santa Cruz County (AZ)
William J. Ryan County Legislator
Westchester County (NY)
L. Arnoldo Saenz County Judge
Jim Wells County (TX)
Sue Tuffin Director, Workforce Center
Mesa County (CO)
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 | JUNE 2013 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 | JUNE 2013 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 | JUNE 2013 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 | JUNE 2013 10
Why Immigration Reform Matters to Counties
Immigration Reform in Context
WWW.NACO.ORG | JUNE 2013 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 | JUNE 2013 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 | JUNE 2013 13
Why Immigration Reform Matters to Counties
States with the Highest Concentration of Foreign-Born Populations
Immigration Reform in Context
Source: Pew Hispanic Center WWW.NACO.ORG | JUNE 2013 14
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
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 | JUNE 2013 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 | JUNE 2013 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 | JUNE 2013 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 | JUNE 2013 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 | JUNE 2013 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 | JUNE 2013 20
Why Immigration Reform Matters to Counties
Outlook for Legislation in the House and Senate
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Why Immigration Reform Matters to Counties Outlook for Legislation in the House and Senate
Past Immigration Proposals
Source: National Journal WWW.NACO.ORG | JUNE 2013 22
Why Immigration Reform Matters to Counties Outlook for Legislation in the House and Senate
Timing of Immigration Reform is Uncertain President Obama has publicly stated that he wants an immigration reform bill on his
desk by the August recess
With large populations of undocumented immigrants, as well as foreign-born voters who consider immigration reform a major priority, there is growing pressure on Congressional leadership to enact reform this year
The Senate Judiciary Committee has introduced and marked up its version of a comprehensive reform bill (S. 744), and the measure will be considered on the Senate floor in the coming weeks (Mid-June, 2013)
The House has yet to introduce a comprehensive bill, but key Members of a
bipartisan group have reportedly reached tentative agreement on reform principles
If and when both chambers pass reform legislation, a Senate and House conference will be held, but it is unlikely that this will occur before the August recess
WWW.NACO.ORG | JUNE 2013 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
• Floor consideration is likely to take place beginning on June 10, 2013, until the Fourth of July recess
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
Outlook for Legislation in the House and Senate
Source: National Journal WWW.NACO.ORG | JUNE 2013 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 introduced:
Legislation Sponsor(s) Summary NACo Policy
Legal Workforce Act (H.R. 1772)
Introduced: April 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)
Introduced: May 23, 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)
Introduced: April 26, 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
Outlook for Legislation in the House and Senate
Source: National Journal WWW.NACO.ORG | JUNE 2013 25
Why Immigration Reform Matters to Counties
Senators Playing Key Roles in Immigration Reform (“Senate Gang of Eight”)
Republicans Democrats
Marco Rubio (R-Fla.)
Orrin Hatch* (R-Utah)
Jeff Flake (R-Ariz.)
Lindsey Graham (R-S.C.)
Dick Durbin (D-Ill.)
Chuck Schumer (D-N.Y.)
Michael Bennet (D-Colo.)
Bob Menendez (D-N.J.)
John McCain (R-Ariz.)
*Sen. Hatch is not a member of the “Senate Gang of Eight”, but his vote is considered crucial in deciding the fate of S. 744.
Outlook for Legislation in the House and Senate
Source: National Journal WWW.NACO.ORG | JUNE 2013 26
Why Immigration Reform Matters to Counties
House Members Playing Key Roles in Immigration Reform (“House Gang of Eight”)
Republicans Democrats
Mario Diaz-Balart (R-Fla.)
Bob Goodlatte** (R-Va.)
Sam Johnson (R-Texas)
Raul Labrador* (R-Idaho)
John Carter (R-Texas)
Xavier Becerra (D-Calif.)
Zoe Lofgren (D-Calif.)
Luis Gutierrez (D-Ill.)
John Yarmuth (D-Ky.)
Source: National Journal
Outlook for Legislation in the House and Senate
*On June 5, 2013, Rep. Labrador expressed his intent to leave the “House Gang of Eight,” reportedly because he felt that potential reform deals did not go far enough in blocking undocumented immigrants from accessing health benefits
**Rep. Goodlatte is not a member of the “House Gang of Eight,” but chairs the committee of jurisdiction (House Judiciary Committee) and has been heavily involved in immigration legislation in the House
WWW.NACO.ORG | JUNE 2013 27
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 Legislation in the House and Senate
WWW.NACO.ORG | JUNE 2013 28
Why Immigration Reform Matters to Counties
Key Provisions of the U.S. Senate’s Comprehensive Immigration
Reform Bill (S. 744)
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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 | JUNE 2013 30
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 | JUNE 2013 31
NACo has been working with other state and local
government associations in pursuit of floor
amendments to the Senate’s comprehensive
reform bill that will increase the funding for state and
local governments
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 | JUNE 2013 32
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
• Would call for the Secretary of the U.S. Department of Homeland Security to craft a strategy that would ultimately lead to the apprehension of 90 percent of immigrants who attempt to cross U.S. borders illegally, and would tie the status adjustment of currently present undocumented immigrants to successful implementation of this strategy
• 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
• 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 | JUNE 2013 33
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
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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 | JUNE 2013 35
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
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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 | JUNE 2013 37
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
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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 | JUNE 2013 39
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
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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
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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
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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
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For questions or more information, feel free to contact us
Contact Us!
Deborah Cox: Legislative Director [email protected] or 202.942.4286 Paul Beddoe: Health [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 Bob Fogel: Transportation [email protected] or 202.942.4217
Yejin Jang: Telecommunications and Technology [email protected] or 202.942.4239 Marilina Sanz: Human Services and Education [email protected] or 202.942.4260 Julie Ufner: Environment, Energy & Land Use [email protected] or 202.942.4269 Ryan Yates: Public Lands [email protected] or 202.942.4207 Hadi Sedigh: Legislative Assistant [email protected] or 202.942.4213
Matthew Chase, NACo Executive Director [email protected]
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
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