Our View: Immigration bill hanging by a thread

June 14, 2013 

The U.S. Senate voted Tuesday to begin formal debate on the first immigration overhaul since 1986. It is long past time to create a new system that reflects our history as an immigrant nation and the needs of our changing economy.

After years of contentious debate, the Senate's bill (S. 744) truly is a bipartisan effort that will make our immigration system better. But the consensus package is fragile, and passage is by no means sure.

The bill begins with border security. Twenty years ago, we had 3,500 Border Patrol agents at the southern border; today, it's more than 18,500. We have 651 miles of fencing. S. 744 would do more. As President Barack Obama points out, this bill would be the biggest commitment to border security in our nation's history. Overkill, perhaps, but needed to win bipartisan support.

The most important piece of the bill, however, restructures legal immigration paths — so people don't have to sneak across the border to join family or overstay on visitor visas to work.

Contrary to what some critics have said, the bill maintains a strong emphasis on family. The number of spouses and minor children of permanent residents would not be capped — ending yearslong waits in the green card backlog.

True, brothers and sisters of citizens and married children over 30 after 2018 no longer could get family-based green cards. They would have to pursue other avenues, emphasizing skills and employment.

An expanded employment-based visa pool would eliminate country-specific limits, which have caused enormous backlogs for applicants from countries such as China and India. Caps also would be eliminated for the highest skilled and those with advanced degrees in science, technology, engineering and math.

A new "merit-based" visa would give points for education, employment, occupation, civic involvement, English proficiency, family ties and age — with young, educated, skilled, experienced, English speakers being most competitive.

In the past, low-skilled legal immigration had been temporary and short term (less than a year). The Senate bill for the first time would allow longer-term stays.

What to do about 11 million people who came to this country illegally? Under S. 744, they could apply to be "registered provisional immigrants" if they paid taxes and penalties and passed background checks. After 10 years, they could apply for a green card and three years after that, for citizenship.

Important for California, children brought illegally by their parents (so-called DREAM Act kids) and agricultural workers would have accelerated tracks.

The catch is that before any of those who arrived illegally could become citizens, the Senate bill requires that several security "triggers" be met — from border fencing to an employer verification system to an electronic exit system at airports.

Still, the "enforcement only" crowd led by Sen. John Cornyn, R-Texas, wants even more, the same issue that killed previous reform efforts. Fortunately, the president has become fully engaged on the issue, making an impassioned defense of the Senate bill Tuesday.

S. 744 is a reasonable, not perfect bill that senators should pass by the July Fourth recess.

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