After months of discussion and strategy meetings with immigrant advocates, labor unions, civil-rights groups, and others, a number of House Democrats have introduced the first immigration reform bill in the 111th Congress.

The Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR-ASAP) bill, authored by Representative Luis Gutierrez (D-IL) and co-sponsored by nearly 90 Democrats, is termed “comprehensive” because it contains border enforcement and legalization provisions and would address visa backlogs in the current immigration system. However, many experts, including some co-sponsors of the bill, do not believe it will be the vehicle for immigration reform legislation in Congress. It is seen as a “marker” bill for House Democrats.

Although the bill is modeled after similar CIR bills debated in Congress in 2006 and 2007, CIR-ASAP contains fewer measures to tighten border security and strengthen interior immigration enforcement, and it is more generous in its legalization of unauthorized immigrants, who number approximately 11.9 million, down slightly from more than 12 million in 2008 due to the recession.

Observers see CIR-ASAP as the House’s opening move in the contentious immigration reform debate. While proponents of tougher immigration measures and many business groups have criticized the bill, its supporters hope that the bill’s introduction will bring pressure on Congress and the White House to move forward with immigration reform legislation.

Representative Zoe Lofgren (D-CA) and Senator Chuck Schumer (D-NY), who chair the relevant subcommittees in the House and Senate, plan to introduce their own immigration reform bills in the coming year. Both have emphasized the need to seek bipartisan support, which means that compared to CIR-ASAP, their bills may place a greater emphasis on increased enforcement measures and establish stricter requirements for a legalization program.

Specifics of CIR-ASAP

In terms of enforcement, CIR-ASAP would increase the number of Border Patrol officers by 5,000, as well as add 1,200 Customs and Border Protection agriculture specialists and 350 border security support personnel for ports of entry.

Absent from the new bill are mandates that would increase border fencing and expand the definition of certain immigration-related crimes, key enforcement elements of the 2006 and 2007 bills. However, the bill would make electronic verification of new hires mandatory within three years.

Also, CIR-ASAP would rescind the controversial 287(g) immigration enforcement program, which allows state and local law enforcement agencies to enforce certain aspects of immigration law under agreements with the federal government. The 2006 and 2007 bills generally supported an increase in state and local participation in immigration enforcement.

As to legalization, CIR-ASAP would allow most unauthorized immigrants who were physically present in the United States as of December 15, 2009, and had not committed any serious crimes, to immediately apply for “conditional residence” from inside the United States. Applicants would have to pay a penalty (fee) of $500 and provide proof of employment, enrollment in a U.S. institution of higher education, or participation in the U.S. Armed Forces or National Guard.

The 2006 and 2007 CIR bills, on the other hand, required at least some unauthorized immigrants to leave the United States and apply for legal status outside the country, a provision known as “touch-back.” The previous bills also contained substantially greater penalty fines.

Backlogs would be addressed by permitting the government to “recapture” unused immigrant visas from past fiscal years, so that they could be used for family-based and employment-based visa categories.

Once the existing backlog for immigrant visas was cleared, conditional residents would be allowed to become permanent residents. Applicants for permanent residency would have to demonstrate that they had paid back taxes, pursued learning English, and could demonstrate a “contribution to the community” through employment, education, or military service.

Also, CIR-ASAP differs significantly from its 2006 and 2007 predecessors because it does not provide new mechanisms for regulating future flows of immigrants. Instead, it provides 100,000 new visas for each of three years to absorb current unauthorized flows.

Prospects for CIR-ASAP

While CIR-ASAP is the first comprehensive immigration reform bill to be introduced since President Barack Obama assumed office a year ago, the bill’s provisions are generally viewed as too liberal for the bill to gain any serious bipartisan support. At the same time, Republicans and some Democrats have attacked CIR-ASAP for failing to include a temporary worker program, a provision they say is key to attracting bipartisan support and backing from the business community.

Others have criticized the bill for gutting many of the border security and interior enforcement provisions of 2006 and 2007 CIR bills. Also, some interest groups have expressed disappointment that CIR-ASAP did not include a provision that would allow same-sex partners to apply for immigration benefits.

The Obama administration has not specifically commented on CIR-ASAP, but the White House is on record with statements of commitment to comprehensive immigration reform. In mid-November, Homeland Security Secretary Janet Napolitano outlined the administration’s desire to achieve immigration reform legislation. She stated that greatly expanded border security and interior enforcement initiatives over the past two years have made immigration reform more attainable now than in 2007, and closed by saying, “When Congress is ready to act, we will be ready to support them.”

Generally, the prospects for quick action on CIR remain doubtful. Critics maintain that CIR amounts to granting “amnesty” to law breakers. They also emphasize that legalizing almost 12 million unauthorized immigrants could increase job competition for U.S. citizens and lawful permanent residents – especially as the economy recovers from a severe recession.

In addition, the politically charged nature of the immigration debate and the upcoming 2010 mid-term elections could lead some Democrats and many Republicans to shy away from voting for any immigration reform bill. House Speaker Nancy Pelosi has signaled this most clearly by reportedly having informed freshman Democrats that they will not be asked to vote on a CIR bill unless the Senate passes a bill first.

At the same time, a crowded legislative agenda in the Senate, which includes health-care reform, the overhauling of current financial systems, climate change, and jobs, could take precedence over immigration reform legislation.

Still, supporters of CIR-ASAP – which include the congressional Hispanic, Black and Asian American Pacific caucuses – see its introduction as a sign that immigration reform is moving closer to center stage in Washington. They emphasize that President Obama vowed to work toward immigration reform during the 2008 presidential campaign, and that the time has come to act on his commitment.

Speaking about the need to move CIR forward, even during troubled economic times, Gutierrez said the immigrant community had “waited long enough,” and that “just because we’ve been patient, doesn’t mean we can wait forever.”

-Migration Policy Institute