the democratic compromise on immigration (davis):
[the situation] ONE YEAR after the mass marches for immigrant rights that challenged repressive legislation proposed by congressional Republicans, the Bush administration is set to unveil harsh new proposals to supply Corporate America with cheap and vulnerable immigrant labor, ratchet up enforcement, and make it extremely difficult for undocumented workers to become U.S. citizens.
(...) Many in the immigrant rights movement have looked to the new Democratic Congress to provide an alternative to Bush and the hardliners. Instead, the Democrats are seeking a compromise palatable to the ultra-conservatives in the Republican Party. The result is a bill--co-authored by two House members, liberal Democrat Luis Gutiérrez and conservative Republican Jeff Flake--known as the Security Through Regularized Immigration and a Vibrant Economy, or STRIVE Act.
(...) [myth: amnesty --> reality:] First, the majority of the nation’s 11-13 million undocumented people (those between ages 21 to 65, and not in the military, disabled or a single head of household) will have to leave the country within 90 days of the application process. Second, they must pay a minimum $2,000 fine and back taxes, and show proof of presence and consistent employment before and since June 1, 2006. Current law makes those who use fraudulent documents for employment (roughly 75 percent of all current undocumented workers) inadmissible for legalization.
Those able to satisfy the bill’s requirements would not get a green card (permanent residence). Instead, they would receive “conditional non-immigrant status,” a six-year waiting period during which time they would have to maintain consistent employment, learn fluent English and be placed in “the back of the line” behind millions of existing backlogged petitions (Waiting lists today are estimated at 5 to 7 years, although the STRIVE Act does contain clauses to expedite the process. Current law requires at least a five-year residency before attaining citizenship). If an undocumented immigrant worker does manage to complete all steps in the STRIVE Act, she or he can become a citizen only after at least 15 years--a fact that bill co-sponsor Jeff Flake has used as a selling point to conservatives. While some of the undocumented could gain legal status over time, many--perhaps millions--would fall by the wayside. Moreover, “conditional non-immigrant” status will make workers dependent on their jobs--and thus more compliant with poor working conditions and lower wages, as employers could hold the threat of termination over their heads.
(...) [myth: more protection for guest-workers --> reality:] Guest workers would be bound to a single employer and required to work for the duration of the contract. Any cessation of employment could be determined a breach of contract, allowing the employer to have the worker ejected from the country. While workers would be able to leave an abusive employer, they could do so only if they can secure another job in advance with another employer, who must officially offer them work and be registered with the government to participate in the program. If a worker were to leave a worksite without notification, they would be deemed “illegal” and subject to deportation if they are not reintegrated into a registered worksite within 60 days. All temporary workers would be tracked through an “Alien Employment Management System,” so they will be identifiable if they leave a worksite. Furthermore, the proposal doesn’t expressly guarantee the right to join a union or engage in collective bargaining. This, too, would leave workers vulnerable to employers that violate the provisions of the agreement. It is this denial of the freedom of movement and assembly, and the right to engage in genuine collective bargaining by immigrant guest workers that make this proposal so appealing for employers. Unlike the old bracero system and current guest-worker programs, the STRIVE Act would deliver workers into virtually every sector of the economy. Employers hope to leverage their control over guest workers to lower wages across the economy--and to reduce the presence of unions in their worksites.
(...) (myth: more humane, less enforcement --> reality:] The plan for external militarization includes doubling the number of Border Patrol agents (to about 24,000) by 2012, emphasizing the recruitment of former military personnel with experience in border enforcement in Iraq and Afghanistan. The bill would further add 1,200 Immigration and Customs Enforcement (ICE) agents to investigate “immigration crimes.” (...)The proposal includes the development of a national biometric database to track all immigrants, as well as an “Electronic Employment Verification System” to identify the undocumented. (...) Those who cross the border without papers will be criminalized and subject to six months in prison for a first offense; two years for a second offense, and five years for a third offense. The use of forged passports or false visas could result in 15 years in jail.
(...) [in sum:] The bipartisan support for the STRIVE Act reveals how central “comprehensive immigration reform” is to Corporate America’s goal of disempowering labor in the U.S. While the Republican Party was defeated by the mass immigrant rights movement last spring, the baton has since passed to a Democratic Congress to salvage Corporate America’s vision. For those committed to a different vision--one based on full legalization for all, democratization of society and the empowerment of working families--the struggle continues in the streets and workplaces across the U.S.