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BACK
IMMIGRATION REFORM.
OCTOBER 2, 2006.
THE TRUTH ABOUT IMMIGRATION REFORM
By Marc A. Wites and Alex N. Kapetan, Jr,. of Wites & Kapetan, P.A.
News about immigration reform is everywhere, from television and newspapers, to local churches, to rumors and stories told at local restaurants. The truth is that while the American government is also talking about immigration, there is very little chance that a new immigration law will pass anytime soon. Here are the reasons why, and what you can do in the interim.
The Truth about Pending Immigration Bills.
As we discussed in our last article (available at http://www.wklawyers.com/espanol/05-22-06.php), to pass a law in the United States, the United States Congress, which includes the Senate and House of Representative, must agree on the law, and the President must sign the law in the exact format agreed upon by the Congress. To date, the Senate and House have each passed an immigration bill (the word used to describe laws before they are passed), but the bills are very different.
The House version of the immigration bill does not provide a path to citizenship or work permits for any illegal persons. Instead, the House bill makes it a federal crime for illegal persons to live in America, and provides criminal penalties for those Americans that help illegal people to come to or stay in America. Rather than legalize those persons that are already here, the bill is designed to keep people out through a fence along the US/Mexico border, and the hiring of additional border agents.
The Senate version of the immigration bill is a comprehensive bill designed to stem the flow of illegal immigration, and allow some of those persons presently here illegally to become citizens. The Senate bill would allow persons in the United States for 2 years or more to become citizens, provided that they meet certain requirements, like learning English and paying back taxes. Those persons here less than 2 years would be required to leave the country, but would have the possibility of being allowed to return as a guest worker. The Senate bill also provides criminal penalties for those that help illegal immigrations, and includes money to build fencing across the Mexican border and hire more border agents.
To proceed to the next step in the legislative process, which is presenting a single bill to the President for signature, the House and Senate must negotiate and agree on the same, identical bill. To date, these efforts have failed.
The Truth about Why Immigration Reform Has not Passed.
Although President Bush and Republican Senator John McCain favor immigration reform that will allow some persons here illegally to become citizens, the truth is that the Republican Party does not favor such reform. Instead, the Republicans do not want to allow any of the approximately 12 million persons in America to become citizens, and they want the government to send them back to the countries from which they came. The Republicans control the Senate and House. While a few Republicans lawmakers, such as President Bush, Senator McCain and Mel Martinez of Florida, favor comprehensive immigration reform, the vast majority of the Republican Party does not. As a result, the House of Representatives, where the Republicans have a much stronger majority than in the Senate, have refused to reach a compromise with the Senate to draft immigration reform that provides citizenship for illegal persons.
Most Republicans in government are afraid to support or vote for immigration reform that provides for citizenship because they believe that the majority of Republican voters do not want such reform. In other words, these elected officials believe that they would be voted out of office in the next election if they support comprehensive immigration reform.
In comparison, Democrats favor comprehensive immigration reform, and support legislation that allows many illegal persons to become citizens. Unfortunately, the Republicans control the White House, the Senate and the House of Representatives, and the Democrats presently do not have enough votes to pass comprehensive immigration reform (Although the Democrats don't have a majority in the House or Senate, they do have enough votes to keep legislation from passing).
The Truth About Why Immigration Reform Likely Will Not Pass in the Fall.
The vast majority of political experts believe that it is very unlikely that Congress will present President Bush with a comprehensive immigration bill before the November 2006 elections. The reason is simple. Republicans don't want to pass comprehensive immigration reform, and the Democrats won't vote for a bill to that does not allow at least some of the illegal persons in the United States to become citizens. This does not mean that it is certain that Congress won't pass comprehensive immigration reform. Rather, it just means that it is unlikely to pass, for now.
The Truth is That You Have Power to Impact Immigration Reform.
In America, everyone can participate in the political process, and that includes everyone that is reading this article. In the November elections, vote only for Democrats. It is that simple. You should do so even if a favorable immigration bill is passed and signed by President Bush before the elections. The reason is that passage of a new law is one thing, and implementation is another. This means that in order to insure that the government has enough money and workers to process the applications of new citizens, and otherwise enforce the new immigration law, you should vote Democrat.
Even if you are unable to vote, you can still help. You can support Democratic candidates through monetary donations, and donating your time. You can knock on doors, lick envelopes and hold signs. Every little bit counts.
Don't be Fooled by Those that Twist the Truth.
Unfortunately, there seem to always be a few people that try to take advantage of immigrants. In the past, this has included both lawyers and non-lawyers. Everyone has heard of former attorney Lopera, or notarios that take a customer's money and then disappear into the night. Here are few things you should know so as not to be taken advantage of.
First, do not pay any money to any lawyer or paralegal claiming to be able to help you with the new immigration bill. There is absolutely no reason to pay any money to participate in a law that does not exist. It is impossible for any person to know the details of the new immigration process, such as how long it will take, what will be require, and when it will start, such that no person can know the correct amount to charge. You should say "no" to anyone that asks you to pay money now for the new immigration law because, for now, there is no such law.
Second, never hire a notario or other non-lawyer to represent you in an immigration matter. There persons are not lawyers, and it is illegal for them to act like lawyers. Since they are not lawyers, notarios are not governed by the rules of the Florida Bar Association, and thus can do or say anything without fear of losing their license to practice law. Moreover, while it is unknown what the new immigration bill will entail, it seems certain that it will be very complicated, and will require many years to complete the process. It is very important that you hire a lawyer that you can trust, and that will be there to guide you during this multi-year process.
When the new law passes, many lawyers will be available to help guide you. Until then, watch the news, seek answers from persons you can trust, and keep your money in your pocket.
Wites & Kapetan, P.A. is a law firm that provides immigration services, and represents persons in accidents, divorce, and other litigation matters. The firm has many lawyers and paralegals that speak Spanish, Portuguese, French, and English.
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