Capitol Hill

When I reported in November 2003 about the prospects for immigration reform, I was cautiously optimistic that the debate might sneak back onto the national stage. Trial balloon, or "tester," legislation recently had been floated on Capitol Hill; Mexico continued to press publicly for an agreement with the United States; and there were subtle signals from the White House that it might be interested in moving forward with a limited proposal if homeland security concerns could be satisfied first. What a difference two months make.

On Jan. 7, President Bush re-energized the immigration debate by placing the immigration conversation front and center on his policy agenda. Probably the most dramatic immigration plan since the 1942 bracero program, which provided Mexican field labor to Southwestern farmers whose farm hands had been drafted during World War II, Bush proposed a new temporary worker program to match willing foreign workers with willing U.S. employers when no U.S. workers can be found to fill jobs. Bush also outlined his principles for immigration reform, which he said were necessary to fix a broken system and promote compassion for those who have helped make the United States prosperous.

Bush's plan would allow workers abroad and those already illegally employed in the United States to obtain renewable three-year work visas to take jobs unfilled by U.S. workers. Undocumented workers already in the United States could enter the program immediately after providing proof of employment. Participating workers in the program would be entitled to the same employment rights and protections to which legal workers are entitled. The plan also calls for an increase in the number of green cards for those wishing to reside in the United States permanently. The plan neither rewards anyone illegally in the United States with "amnesty" nor offers anyone preference over those who have waited to enter the United States legally.

Bush left the task of determining the fine details to Congress. But he's to be congratulated for tackling such a complex, contentious topic for two reasons. First, it's the right thing to do. Despite the protests of those who would have the United States wall off its southern neighbors, the nation's growing reliance on foreign labor is undeniable. And yet the current system fails to provide enough visas for employers to fill jobs they cannot satisfy domestically. Roofing contractors, in particular, face an enduring shortage of workers because there are not enough domestic workers to meet the labor demand.

It also is clear something must be done to address the 8 million to 10 million undocumented individuals currently in the United States. The vast majority of immigrants want nothing more than to contribute to society and share in the "American dream," but the present system is one that allows those few who wish to do the country harm to hide more easily among the undocumented population. The current system also has created an underclass of workers vulnerable to exploitation by unscrupulous employers that often is afraid to seek basic services such as medical care for fear of prosecution and frequently is at risk when making the dangerous journey into the United States.

Second, Bush journeys into the immigration fray at his political expense. Not only is his party split on the issue, but not surprisingly, Democrats quickly decried the proposal as inadequate, arguing that it didn't go far enough toward legalization. Complaints from both parties generally fall into four categories: illegal behavior should not be rewarded; greater immigration is incompatible with the United States' security needs; the current system is unfair to undocumented workers who deserve a path to citizenship, and Bush's plan doesn't provide a path toward legalization; and immigrants will depress wages and labor conditions for U.S. workers.

Given these objections, the prospects for the initiative on Capitol Hill are slim, particularly because 2004 is an election year. After losing battles about Medicare, education reform and tax relief, Democrats are unlikely to cede yet another issue to Bush without a fight. In fact, the first legislative response to Bush's proposal turned out to have a bipartisan twist. Senate Minority Leader Tom Daschle (D-S.D.) joined Sen. Chuck Hagel (R-Neb.) on Jan. 21 to introduce the Immigration Reform Act of 2004 (S 2010), legislation designed to offer a stark contrast to the president's temporary-worker proposal. The Hagel-Daschle bill would allow undocumented immigrants in the United States to permanently change their legal status. The sponsors view their legislation as a starting point in the debate about immigration.

With S 2010—which is likely to be the Democrats' first-choice legislative proposal—and a flurry of legislative activity in the second half of 2003, it appears Congress is fully prepared to meet Bush's desire to move the immigration conversation forward.

R. Craig Silvertooth is NRCA's director of federal affairs.