We are a little over three months away from the Presidential and Congressional elections in November, and so far, almost no significant immigration laws have passed Congress this year.  There are dozens of bills which have been introduced in the Senate and the House of Representatives and there have been numerous legislative hearings.  If legislation is not passed this month, Congress will adjourn by Labor Day, and legislators will return to their districts to campaign for the November election.   Realistically, what positive immigration legislation can be expected to pass in August?

At a minimum, it seems likely that the "Legal Immigration Extension Act of 2008" (S.3257) which was introduced on July 11 will be enacted into law.  Why? Because many of the programs contained in the bill will expire unless they are extended by Congress: the EB-5 pilot program for investors, the Conrad 30 program for physicians, the religious worker program and the "E-Verify" program. Bills to extend each of these programs (except "E-Verify") have been passed by the House of Representatives.

There are a number of excellent bills to modify the employment-based (EB) immigration programs which have been introduced in the House of Representatives: (1) H.R. 6039 - which would exempt foreign-born STEM (science, technology, engineering and mathematics) graduates with advanced degrees from U.S. universities from numerical quotas for permanent residence; (2) H.R. 5921 which would eliminate per-country quotas for EB immigration; and (3) H.R. 5882 which would allow the "recapture" of unused family-based and employment-based green cards from prior years. Compete America, a coalition of employers, education institutions, and trade associations, wrote to Congress in support of these bills on July 17.

Then, there is H.R. 5924, the Emergency Nursing Supply Relief Act, which was introduced in the House on April 29 and which was the subject of a legislative hearing on June 12. The bill would allow 20,000 registered nurses and physical therapists to obtain green cards each year. The bill now has 17 sponsors in the House.  All of the above bills would significantly improve the current immigration law and help alleviate barriers to utilizing the talents of highly-educated foreign-born workers. Whether such bills will pass both the House and the Senate during the month of August is difficult to assess.

What is certain is that there will be no Comprehensive Immigration Reform Act, no DREAM Act and no AgJobs Act enacted into law this year.

Senator’s Position on Immigration

Barack Obama on immigration

On border security
Sen. Barack Obama, D-Ill., said in 2006 that dealing with border security is “only one side of the equation.” He voted for final passage of a bill in September 2006 that called for 700 miles of fencing along the U.S.-Mexican border, after opposing a version in May of that year. The measure, signed into law by President Bush, was an alternative to a broader approach on border security and immigration that died from lack of consensus.

On immigration overhaul
Obama supported the 2007 comprehensive bill that would have established a “guest-worker” program, provided a path to citizenship for most of the estimated 12 million illegal immigrants in the USA, emphasized worker skills for visas instead of family ties and beefed up border security. That measure never got an up-or-down vote, but Obama voted for a similar bill in 2006.

“For the millions here illegally but otherwise playing by the rules, we must encourage them to come out of hiding and get right with the law,” he said on his campaign website. That means, he said, paying a fine, learning English, not committing any crimes and then going “to the back of the line” to apply for citizenship.

Obama also has advocated that employers need to do more to check the legal status of their workers. His plan calls for a new employment eligibility verification system, according to his campaign website.

John McCain on immigration

On border security
Sen. John McCain, R-Ariz., says border security is a key component of national security. He has supported increases in Border Patrol funding and voted for 700 miles of new fencing along the U.S.-Mexican border in 2006. “Tight border security includes not just the entry and exit of people, but also the effective screening of cargo at our ports and other points of entry,” he said on his campaign website.

On immigration overhaul
McCain was a leading Republican proponent of the 2007 bill that would have established a “guest-worker” program and provided a path to citizenship for most of the estimated 12 million illegal immigrants in the USA. The measure also would have tightened border security, imposed tougher sanctions on employers who hire illegal immigrants, and emphasized worker skills for visas instead of family ties. The bill did not get an up-or-down vote in the Senate, and died from lack of consensus in both parties. McCain didn’t agree on every provision but called it “a very good starting point.” After its failure, McCain said, “The American people will not settle for the status quo — de facto amnesty and broken borders.” In 2006, McCain voted for a similar measure.

Thanks to Carl Shusterman for allowing me to use excerpts from his 2008 Newsletter in the preparation of this article.