May 27, 2006

Honorable Senator Harry Reid

Dear Senator Reid:

On behalf of Progressive Democrats of America we wish to thank you for advocating for Comprehensive Immigration Reform. We recognize that it was an uphill battle.  The fear, hysteria and divisiveness created by fringe right wing elements of the Republican Party was sadly evident in the Immigration debate. It is believed that the Culture of Corruption that you have spoken of was evident in the repression of objective immigration data by the media and the administration. The administration allowed to go unchallenged the following falsehoods:

a. The 1986 Immigration Reform and Control Act was a failure, 
b. The undocumented do not pay  taxes,  

c. Employers are responsible for the flood of undocumented immigrants, 

d. Security is high on the Administration’s list of priorities when the evidence is to the   contrary.
 
Repeatedly traditional American values of Due Process and Fundamental Fairness were trampled upon during the immigration debate. Nevada’s own Senator Pat McCarran laid aside his xenophobic bias and helped pass the 1952 Immigration Act which showcased America at its humanitarian and democratic best.

The legislation passed by the Senate is legislation designed to fail. Due to various amendments the majority of applicants will not qualify. Due Process and fundamental fairness have been gutted. An institutionalized 2nd class citizenship will be implemented. Progressive Democrats of America is compelled to oppose the proposed oppressive legislation presently before Congress.  It is the position of Progressive Democrats of America that no bill is better than a bad bill.

Progressive Democrats of America does not come empty-handed to this battle for just comprehensive immigration reform. It is our belief that the Immigration Reform and Control Act of 1986 (IRCA) was an excellent piece of legislation that addressed the undocumented within our borders. It, however, did not effectively speak to the continued flow of the undocumented to our shores.

The employer sanctions component of IRCA acted to do several things:

a.Created an industry for almost undetectable false documents,
b.Allowed more than 75% of the undocumented to pay federal and state taxes,
c.Caused the IRS to implement a process whereby  persons without a Social Security  number are issued a  personal identity number in order to pay taxes,
d.Caused the former INS to recognize that the vast majority of employers were in compliance with the law and enforcement resources were diverted elsewhere.

The element that was lacking in IRCA was a guest worker provision. Until the economic disparity of our neighbors on both sides of our borders is addressed we will continue to have people turning to America in search of a better life.

NAFTA is an easy vehicle by which to implement a temporary worker program. The present narrow TN Visa categories could be expanded to include unskilled workers. The same TN protections and restrictions would be in place e.g. no approval for a work site engaged in a labor dispute, payment of prevailing wage, fingerprinting and biometric checks for all applicants, freedom to change employers as long as the TN worker is in status, freedom of movement and travel, specified time restrictions for the validity of the visa.

The three and ten year bars would have to be revoked so that an expansion of the NAFTA categories could be implemented. The expansion of employee categories could also be extended to CAFTA if is adopted. (As you are aware NAFTA and CAFTA have traditionally been opposed by Progressives. I am only speaking to a reality of an actual adoption and enactment of such treaties. No support of NAFTA or CAFTA should be inferred.)

The revocation of the three and ten year bars would in turn also allow those persons with pending approved petitions to adjust or proceed with visa processing abroad. This would also address the lack of hardship waivers for the parents of United States citizens.

Reinstating 254 (i) would allow those present in the United States to adjust status and the penalty imposed can again be earmarked for enforcement as it was originally designated.

With respect to security measures we recognize the need to secure our borders and as such  support the creation of a virtual wall. It is believed that the legalization of millions of undocumented would be the greatest contribution to the security of the United States. Post 9/11, fingerprinting, biometric and background checks are mandatory for every person applying for an immigration benefit.

The reinstatement of IRCA is the instrument by which we can legalize those in an unlawful status within  our borders. IRCA did an excellent job of legalizing millions of persons who are now permanent residents and citizens of the United States. These individuals are living the America dream and contributing to the economic and political well-being of America.

Utilizing existing laws and eliminating bad laws is efficient and good governance. The start up time is minimal because the laws, regulations and framework for execution already exist. When 245(i) was extended in December 2000 it was immediately implemented. The elimination of bad laws which contribute to a broken down immigration system would smooth the path to a good immigration policy.  The expansion of the family and employer based visas would be the crowning point and would help rectify the immigration imbalance imposed on Mexico in 1976 when it’s yearly  legal immigration was reduced from 40,000 on average to 20,000.

We at Progressive Democrats of America believe that comprehensive Immigration reform that complies with Due Process and fundamental fairness is attainable. The bill which passed the Senate and the bill passed by the House are unacceptable. We will lobby for the rejection of those bills and the rejection of any compromise which will deny Due Process, blocks eligibility to the majority of the applicants, creates an institutionalized 2nd class citizenship, and fails to remove the 3 and 10 year bars.

It is believed in light of the bad legislation that the better position should be to allow the present legislation to die. Begin the process again by utilizing the PDA strategy of implementing existing good immigration laws  and eliminating the bad laws. The input of Bureau of Citizenship and Immigration Services supervisors and noted immigration practitioners such as Carl Shusterman, Judy Golub, Peter Schey, Marc Vanderhout would greatly enhance the creation of good solid immigration legislation that will  fix our present broken down immigration system.

It is hoped that we can partner with you to help create model legislation that adheres to our American tradition of Fundamental fairness and Due Process.