On June 27, the Senate took a momentous step forward with a vote of 68-32 in favor of final passage of S. 744, the “Border Security, Economic Opportunity, and Immigration Modernization Act.” The bill represents the most sweeping overhaul of the nation’s immigration and border control laws in nearly 30 years, and moves the U.S. one step closer to its enactment.
The most publicized provisions of the legislation focus on legalization — and a path of citizenship for the 11 million undocumented individuals living and residing in the United States — as well as increased border security and enforcement. There are, however, many fundamental and significant changes to the current system that will, if the bill is ultimately enacted, affect the future flow of immigrants as well as those currently in the United States in status. Some of the most significant changes were detailed in our update in June.
Now, all eyes are on the Republican-controlled House of Representatives. Over the last several weeks, much speculation about the prospects of success for comprehensive immigration reform (CIR) has focused on GOP leaders who face a series of difficult policy and political dilemmas. For starters, CIR is popular with Hispanics (whose support is critical to win the White House in 2016) but not with the GOP’s base. Its approach thus far has been to deliberate on a series of piecemeal immigration reform measures, eschewing the comprehensive approach adopted by the Senate and favored by the Administration.
Those House committees that have jurisdiction over immigration already have passed several bills. These include: (1) the Agricultural Guestworker Act; (2) the Strengthen and Fortify Enforcement (SAFE) Act; (3) the Legal Workforce Act (mandatory E-Verify); (4) the Supplying Knowledge Based Immigrants and Lifting Levels of STEM Visas (SKILLS) Act; and (5) the Border Security Results Act. Hearings have also taken place on the DREAM Act. A key reform element missing in the House is provision for other undocumented immigrants.
The full House must still vote on these proposals, and whatever is finally enacted in the House must be reconciled with what was passed in the Senate. Reconciliation — even of key issues and provisions including legalization — can and is likely to take place during joint House-Senate conference committee negotiations. Clearly, advocates for CIR have stressed that all key elements of reform must be covered in the final iteration of the bill.
With Congress adjourning for the summer in early August and not returning until after Labor Day, it is clear that the debate and discussion over comprehensive immigration reform will continue well into the fall. At this point, it seems that the earliest we can expect final legislation for the President’s signature is November or December.