IT’S TIME TO PROVIDE 11 MILLION WITH A REAL PATH TO CITIZENSHIP

 CWA FACT SHEET ON COMPREHENSIVE IMMIGRATION REFORM

 “Illegal immigration has the advantage of being more responsive

to employers’ requirements, but has the disadvantage of being

beyond the reach of either labor or immigration laws; subjecting

foreign workers to grave risks, exploitation, and uncertain futures in

the United States; and depressing wages and working conditions

for all workers.” Ray Marshall, Immigration for Shared Prosperity.

U.S. Immigration System Is Broken

There is one thing that both Democrats and Republicans agree on: our immigration system is broken and needs reform. Our immigration laws allow unscrupulous employers and recruitment agencies to exploit a worker who lacks legal status and that hurt all workers.

There are currently 11 million undocumented residents (including 7 million workers) living in the United States who have no path to citizenship. There is broad agreement that deporting millions of undocumented immigrants is both impractical and economically disastrous. The solution is to ensure that currently undocumented immigrants are given a roadmap to citizenship. Towards that end, CWA joins other unions and faith, civil rights and immigrant organizations in support of comprehensive immigration reform which provides a pathway to citizenship.

Once undocumented workers are covered under labor laws, together we can build a united movement of working people to raise living standards and to fight those who want to drive wages down for all working people in America.

A Framework for Comprehensive Immigration Reform

Our framework proposes a roadmap to citizenship for current workers, an expedited process for dreamers, family reunification and a data-driven approach for determining future visas based on labor market needs. The framework would also improve - not expand - guest worker visa programs and secure the border effectively. Specifically, the framework seeks to:

1. Provide a roadmap to citizenship for undocumented workers. Immigrants who have proven that they positively contribute to American society should be able to apply for legal residency and eventual citizenship.

2. Acknowledge and address the special circumstances of children brought to the United States by their parents and have grown up and attended school in this country.

3. Continue our country’s long standing tradition of reunification of families, regardless of sexual orientation.

4. Establish an independent commission to assess and manage future immigration flows, based on actual need for such workers due to labor market shortages.

5. Improve - not expand guest worker programs.

6. Secure borders.

A Path to Citizenship

1. The United States is a nation of immigrants.

In fact, the United States had an “open borders” immigration policy until 1920; those who arrived during this time were automatically “legal” (after 1882 Chinese were excluded). When Americans say that their ancestors came to the United States legally, mostly it is because they arrived when there were no immigration laws to break.

In 1921, Congress put the first immigration quotas in place to keep out Eastern and Southern Europeans. Two years later, many had entered the country anyway and 200,000 were granted amnesty.

No matter the time period, the underlying story of immigrants who risk everything to come to the United States remains the same. They come to work, provide for their families and give a better life to their children. Unfortunately, far too many U.S. employers exploit these workers’ situations by using their lack of legal status to undermine their pay and working conditions. This is detrimental not just to these particular workers, but also serves to lower wages, labor standards, and work place power for all employees. Between 1980-2000, immigrant workers reduced earnings of male citizens by roughly $1,700, or 4 percent.

Research shows that providing a pathway to citizenship will serve to expand the wages and improve the working conditions of all working Americans who, for too long now have seen a decline in strength and influence in the workplace.

2. Dreamers

Most agree that children who have grown up in the United States, attended local schools, and demonstrated a commitment to succeed should not be limited by an immigration status they had no control over. We believe the special circumstances of “dreamers” should be taken into consideration and their path to citizenship expedited.

3. Family Reunification

The United States has a long tradition of valuing and supporting families. The immigration reform must strive to keep families together and give equal treatment to same sex partner’s families.

4. Future Flows Should Be Based on Labor Market Needs

The number of legal work-based immigrants is currently set arbitrarily by Congress, without regard to actual labor market needs. The allocation of employment visas should be handled by an independent commission that would regularly assess labor market needs, and base the allowed number of immigrant workers on this assessment. This will ensure that American workers have first crack at American jobs.

5. The Guest Worker Program Needs Reform, not Expansion

The framework must also fix the guest worker programs, which too often deny basic civil rights to immigrant workers. All guest workers must be covered by U.S. labor law and receive the prevailing wage in their classification net of recruitment agency fees. These requirements (pay and rights) will regulate future demand for guest workers since lower pay and no rights are key reasons employers want guest workers.

6. Secure Borders

Border controls are a necessary part of an overall immigration system, but border control alone is not sufficient. The Obama Administration has spent record amounts on border security. U.S. border security is at its strongest ever, with nearly all of the security provisions of the 2007 immigration bill having been met or surpassed. i

For example:

Operational control of 100 percent of the Southwest border, as defined in the 2007 bill, has been accomplished. ii Illegal crossings are at their lowest level since 1972.

Currently, there are over 21,400 border patrol agents (in addition to thousands more DEA, ATF, FBI, and National Guard). The 2007 bill called for 20,000 agents.

As of February 2012, 651 miles of border patrol fencing has been built, out of the 652 that the border patrol feels is necessary. The 2007 bill called for 670 miles.

It’s Time to Fix Our Immigration Policy

In November, American voters soundly rejected the pro-corporate and anti-immigrant agenda advanced by those who have stood in the way of comprehensive reform. President Obama enters his second term with a mandate to fight for and pass immigration reform, and he is backed by strong public opinion. A recent Fox News poll found that 66 percent of Americans believe there should be a path to citizenship after meeting certain requirements. iii

Members of our unions, like the majority of the American public, strongly support reform that provides a road to citizenship for aspiring Americans who love this country and call it home. The time is now.

Legislative Path

In early 2013, President Obama released a framework that outlined a path to citizenship, granted Green Cards to advance science, technology, engineering and mathematics graduates who study at U.S. educational institution and extended family reunification policies to same sex couples.

Senate and House Bipartisan Immigration Negotiators are working on details of an overall plan. Once the language is finalized by these negotiators and released, the legislation will need to work its’ way through Congress, through several different Committees as well as needing votes by both the House and the Senate.

President Obama has stated that if Congress cannot come up with legislation to consider, he will send his own immigration bill to the Congress if they do not release a bill by early summer.

i

Borjas, J.D. 2004. “Increasing the Supply of Labor Through Immigration: Measuring the Impact on Native-Born Workers.” Center for Immigration Studies.

i i

All data from National Immigration Forum. “Immigration Enforcement Today: 2007 Reform Goals Largely Accomplished.”

i i i

Blanton, D. 2011. “Fox News Poll: Voters Back Path to Citizenship for Illegal Immigrants.”