Comprehensive Immigration Reform The Senates Comprehensive - - PowerPoint PPT Presentation
Comprehensive Immigration Reform The Senates Comprehensive Immigration Reform Proposal (S. 744): Outlook for Counties and the Outlook for Counties WWW.NACO.ORG | JUNE 2013 WWW.NACO.ORG | JUNE 2013 Why Immigration Reform Matters to Counties
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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
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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
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There are an estimated 11 million undocumented immigrants in the U.S., roughly seven million of whom have no health insurance
Border counties are often involved in the apprehension and detention
Immigration reform would increase demand for adult education, at a time when states have reduced funding for such programs
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Co-Chairs Vice Chair
Angel G. Estrada Freeholder Union County (NJ)
Members
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
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)
County Judge Jim Wells County (TX) Sue Tuffin Director, Workforce Center Mesa County (CO)
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
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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
receiving federal foster care ^^ A quarter of work is equivalent to three months
Immigrants are Eligible for Some Means-Tested Programs under Current Law
Source: National Immigration Law Center
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Some States Extend Medicaid/CHIP to New Immigrant Children & Pregnant Women
Source: Urban Institute
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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.
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Source: Congressional Budget Office
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20% and Higher 14% to 20% 9% to 14% Less than 9%
Source: Congressional Budget Office
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States with the Highest Concentration of Foreign-Born Populations
Source: Pew Hispanic Center
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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
Number of Undocumented Immigrants in the United States, by Birthplace, 2000 and 2011
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
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Country of Birth of the Undocumented Immigrant Population
Source: U.S. Department of Homeland Security
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States of Residence of the Undocumented Immigrant Population
Source: U.S. Department of Homeland Security
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Source: U.S. Department of Homeland Security
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The Share of Minorities among the Voting Population is Increasing
Source: National Journal
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Recent polls show that a large majority of Americans support immigration reform that would give legal status to undocumented
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%
Source: Pew Research Center, via National Journal
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Past Immigration Proposals
Source: National Journal
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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
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Status of Current Immigration Reform Proposals
Proposal or Legislation Sponsors Status
White House Immigration Reform Proposal President Obama
reform proposal was leaked to the press Feb. 16, 2013
Congress becomes gridlocked Senate Measure: Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S. 744) “Senate Gang of Eight”
Judiciary Committee voted to move legislation onto Senate floor for consideration
place beginning on June 10, 2013, until the Fourth of July recess House Immigration Reform Proposal Unknown at this time
key House Members have reached an agreement on comprehensive reform principles, but few details are available
Source: National Journal
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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
Texas)
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
Calif.)
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
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
Source: National Journal
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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.
Source: National Journal
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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
*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
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.)
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.)
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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
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Funding Allocations in the Senate Immigration Reform Bill
Source: National Journal
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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
Source: National Journal
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Enforcement of Border and Ports of Entry
NACo Policy
President’s Proposal
enhancement of U.S. border security
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
border, including unmanned aircraft, upgrades to helicopter fleets and mobile communications systems
determine whether persons entering on temporary visas have left the country as required
and for technology to control land and maritime borders
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Enforcement of Border and Ports of Entry, cont.
NACo Policy
President’s Proposal
unfunded mandates that would require counties to enforce civil immigration laws
southwest border to purchase and upgrade communications systems
state, county, tribal and municipal governments for prosecution and pre-trial detention costs of federally initiated cases declined by local U.S. Attorneys’ Offices
grants to southwestern states for costs related to illegal immigration and drug smuggling
mandates that require counties to enforce civil immigration laws
additional funding for tribal governments along the southwest border
full funding of the State Criminal Alien Assistance Program (SCAAP), which is currently funded at
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
FY2014 budget request proposes to eliminate SCAAP
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Enforcement Task Forces and Community Liaisons
NACo Policy
President’s Proposal
county elected officials in all relevant task forces and commissions
Commission of governors, attorneys general and community leaders
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
Department of Homeland Security to establish community liaisons along the northern and southern borders
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Workplace Enforcement: E-Verify
NACo Policy
President’s Proposal
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)
but not for current workers
private sectors
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
documents, such as driver’s licenses, that can be used to meet REAL ID Act requirements
that voluntarily submit state driver’s license photos to the E-Verify system
mandatory, electronic verification system over five years, as well as increasing penalties for hiring unauthorized workers
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Pathway to Citizenship for Undocumented Immigrants
NACo Policy
President’s Proposal
to citizenship for undocumented immigrants that includes registration requirements, English and civic competency, payment of
and criminal background checks
counties and states will be affected by the fact that S. 744 would consider individuals on its path to citizenship to be “lawfully present”
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
to come forward, register, and pay outstanding taxes and fees
(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
citizenship would be considered “lawfully present” for purposes other than those related to the Affordable Care Act
status for undocumented immigrants, ultimately leading to LPR status and citizenship
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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
President’s Proposal
requirements similar to those included in
Security to certify that border security measures required under the bill have begun, as a “trigger” to RPI status adjustments
U.S. on or before December 31, 2011 would be eligible for RPI status
threat to national security would not be eligible for RPI status
application fees
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
wishing to adjust to provisional status would be required to come forward, register, pass background checks, and pay fees and penalties
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Requirements for Legal Permanent Resident (LPR) Status
NACo Policy
President’s Proposal
will be affected by requirements for Legal Permanent Resident (LPR) status that call for English and civics competency
measures required under the bill are “substantially
LPR status
wait 10 years before adjusting to Legal Permanent Resident (LPR) status
additional background checks, to demonstrate English and civics competency, and to show a history of employment in the U.S.
when applying for LPR status; this is in addition to the two $500 fees paid during RPI status
status, would be eligible to apply for citizenship after three years as LPRs
would have to pass additional background checks, demonstrate English and civics competency, and register for Selective Service (“the draft”), where applicable
who achieve LPR status would be eligible to apply for citizenship after five years
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Expedited Paths to Citizenship
NACo Policy
President’s Proposal
provide expedited paths to citizenship for individuals who were brought to the U.S. as minors, and for agricultural workers
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
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
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
the country as children would have an expedited path to citizenship; the proposal is silent
workers
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Federal Benefit Programs
NACo Policy
President’s Proposal
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
supporting the elimination of the five-year waiting period for access to means-tested services by legal permanent residents
services such as Medicaid (except in cases of emergency) would continue
Affordable Care Act tax credits or subsidies, but would be exempt from its individual mandates
waiting period faced by Legal Permanent Residents for means-tested services
for citizen children whose parents are in removal proceedings
receiving means-tested services such as Medicaid (except in cases
would be prohibited from receiving subsidies or tax credits under the Affordable Care Act
five-year waiting period for access to means-tested services by legal permanent residents
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Reforming Legal Immigration - Changes to Visa Programs
NACo Policy
President’s Proposal
family visa categories or methods of reducing the employment visa backlogs, but generally supports the streamlining of the immigration system
would award points to applicants based on a number
history, and would grant between 120,000 and 250,000 immigrant visas per year, depending on the U.S. unemployment rate
currently awards 50,000 immigrant visas per year to individuals from underrepresented countries
minor children of LPRs would be eliminated
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
beneficiaries of family visa petitions to live and work in the U.S. while waiting for their immigrant visas to be approved
increase annual visa numbers, and would recapture unused visas to eliminate visa backlogs
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Science, Technology, Engineering and Mathematics (STEM) Visas
NACo Policy
President’s Proposal
program
postgraduate degree in STEM fields from American universities would be eligible to apply for Legal Permanent Resident status, and thereafter, citizenship
would also be eligible to apply for Legal Permanent Resident Status
STEM fields from American universities would be eligible to apply for Legal Permanent Resident status, and thereafter, citizenship
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New Work Visas and Economic Development Visa Changes
NACo Policy
President’s Proposal
worker visa program
Opportunities through Launching Tourism Act (JOLT)
needs of the agricultural industry that covers all aspects of the industry, not just seasonal workers
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
investors
more tourism
for highly-skilled immigrants
investor visa category, with incentives for those who invest in rural and economically depressed areas
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For questions or more information, feel free to contact us
Deborah Cox: Legislative Director dcox@naco.org or 202.942.4286 Paul Beddoe: Health pbeddoe@naco.org or 202.942.4234 Michael Belarmino: Finance & Intergovernmental Affairs mbelarmino@naco.org or 202.942.4254 Daria Daniel: Community and Economic Development ddaniel@naco.org or 202.942.4212 Bob Fogel: Transportation bfogel@naco.org or 202.942.4217 Yejin Jang: Telecommunications and Technology yjang@naco.org or 202.942.4239 Marilina Sanz: Human Services and Education msanz@naco.org or 202.942.4260 Julie Ufner: Environment, Energy & Land Use jufner@naco.org or 202.942.4269 Ryan Yates: Public Lands ryates@naco.org or 202.942.4207 Hadi Sedigh: Legislative Assistant hsedigh@naco.org or 202.942.4213 Matthew Chase, NACo Executive Director mchase@naco.org
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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