While it is far too early to know if a substantive outcome can be expected, the Senate initiative toward immigration reform is a welcome start. The draft introduced last Monday by a bipartisan team of eight Senators outlines four foundational pillars upon which the reforms will rest. Specifically, the plan addresses four points to overhaul current immigration laws: the creation of a clear path to citizenship for illegal immigrants, an overhaul of the immigration system (grounds for a green card), employment verification and worker programs.
Effectively, the plan foresees a path to citizenship for an estimated 11 million undocumented people already living in the U.S. Given the current state of policy developments, most of these individuals are already living in a state of virtual amnesty, as one senator (Marco Rubio) put it. The law would seek to regularize this situation, under certain conditions. The legalization would be almost immediate for those who will pay back taxes and a fine. The full citizen provision, however, would not be effected until some plan for border security and employer verification were agreed upon and the government could ensure there were no visa overstays.
Also among the proposed reforms is a path to legal residency for children brought to this country years ago by immigrant parents. The American bishops have long been proponents of the principle of the unification of families – keeping parents and their children together – which is consistent with Catholic social teaching. Considering that children have little choice in their parents’ decisions and that selective deportation is more likely to increase the poverty, it makes as good economic as well as sociological and moral sense.
It is encouraging that something at least is on the table. Critics are certain to pounce on the many questions this proposal raises even as it seeks to address the most obvious and pressing concerns. Without strong provisions for enhancing border security, there is little chance a bill would survive politically in the Senate, let alone the House at this point.
How exactly this can be funded and managed by the federal government remains to be seen. We would expect that attempts will be made to introduce measures to allow states broader parameters although fears about aggressive enforcement by local authorities have no doubt been a factor driving the development of the current proposals, creating a certain sense of urgency heretofore not seen.
Another potential provision sure to engender discussion is the proposal to extend green cards to those who would obtain an advanced degree in an American university in science, math, engineering and technology. Not only does this represent a preferential value judgment of certain professions, it also raises questions for those who might be adversely affected by the added competition in the workforce. It could be seen as creating a class of “preferred” immigrants – though, historically, this is nothing new. Are we ready as a country to say that we value less the potential contributions of professional historians, philosophers, musicians – and, yes, even religious workers – than technologists?
Our observations are offered in a spirit of open dialogue which we hope not only the legislators but also many other citizens will engage in. Parishes could certainly form groups to study the writings of the American bishops and Church teachings relevant to the immigration issues, examining the legislation as it develops and keeping their representatives informed of their insights and concerns. At this writing, the president is about to issue a statement which is said to be largely supportive of the Senate initiative. Hopefully, the bipartisan roots of this initiative will help mitigate the intense polarization that attended passage of the legislation on healthcare and which persists today.