April Recess Overview

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April Recess Toolkit
Immigration Campaign
CONTENTS
April Recess Overview
Materials
 Legislative Visit Tips
 Town Hall Tips
 Media Advisory Template
 Digital Tools
 Talking Points
 Senate Bill Q & A
April Recess Overview
Congress’ April Recess (April 25th – May 5th) is a crucial time in the campaign, as we now have legislation
to fight for and the antis have legislation to fight against. An immigration reform bill was introduced on
Wednesday, April 17th and will go through the Judiciary Committee for mark-up beginning the week of May
6th. This is a period where the Committee Members will read through every line of the 844 pageimmigration reform bill to understand the bill and make changes, amendments to the bill. We know that
opponents will try to distort what is in the bill and try to kill it by proposing poison pill amendments. The
bill is not perfect. We as a movement must work to improve the bill as the legislative process unfolds.
We are recommending the following activities for groups and individuals who want to help influence their
legislators during April recess:
1. Legislative Meetings
Organizations are scheduling meetings with their representatives during this time to share individual
stories and press for immigration reform.
2. Town-hall Coverage
We are working with our partners across the country to identify as many Member-sponsored town
hall dates and locations. Our goal is to have a group of diverse representatives attend each town hall
and urge Senators/Congress members to pass immigration reform.
3. Calls to Congress
Organizations are scheduling call-in days to their Representatives to press for immigration reform
dialing 866-563-5608.
4. Education Workshops on the Immigration Reform Bill
Organizations are scheduling educational workshops to help community members understand what is
currently in the bill and explain the legislative process on how a bill becomes a law.
5. Civic engagement
It is important for us to continue to remind elected officials about the 2012 election and how much
the immigrant vote mattered and will matter in the future. We will be kicking off voter registration
and canvass drives along with call-in days during April Recess.
If you would like more information on how to get involved with a local event, please contact Jorge Neri at
Jneri@allianceforcitizenship.org
And if your organization has an event planned and would like to share details with other members of the
Alliance for Citizenship, please visit our website and complete this form: April Recess Field Activities
Once you complete your legislative visit, please complete a legislative report back form: Legislative Report
Note: If you use the HUB or Quickbase, please continue to report activities there.
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Legislative Visit Tips
How to Meet with Your Legislator
 Arrive early and as a group.
o Remember that you are not the only people meeting with the legislator and staff that day.
Arriving early may give you extra time and always makes you look more professional. Late
group members should politely wait outside the office rather than interrupt a meeting in
progress.
 Introduce yourselves.
o Briefly introduce yourselves individually and be sure to include your organization’s name and
where you are from.
o Have your group leader explain that you represent an important voice in your legislator’s
district.
 Keep your presentation simple.
o Create your talking points in advance. Know your facts and have your information easily at
hand. Stay away from using acronyms.
o Tell powerful stories. Stories are one of the most effective ways to leave a lasting impact on
legislators and congressional staff. A powerful story creates an emotional connection to an issue
and links it to deeper values and personal experience.
o Seek concrete commitments. Come prepared to ask your legislator to take specific actions in
support of your issues (e.g., introduce or cosponsor legislation, vote in favor or against a specific
bill, communicate support to House or Senate leadership or head of a specific committee). Seek
clear yes or no responses to your asks, and be prepared to follow up.
o Stay positive. If a legislator or their staff ask questions you cannot answer that day, feel free to
let them know that you could send them that information when you return to their district.
o Stay polite. You might disagree with a legislator or their staff; if so, make your point and move
on. You want to inform them of your position and make them feel comfortable going to you as
a source of information in their district.
o Listen well. Let them ask questions. You may find new opportunities to interact with the
legislator.
Sample Introduction to Legislator or Staff Member
Hello Mr./Ms. __________. I’d like to first thank you for taking the time to meet with us today. My
name is _______________. Our group has come from [STATE] for the in support of common-sense
immigration reform. We come from different organizations, but together we represent an important
voice in your district. During our time with you today, we’d like to discuss our concerns about and
proposals for addressing ___________ [state your group’s priority issues].
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Sample Legislative Meeting Request Letter
April XX, 2013
The Honorable First Name Last Name
Address
Address
Dear Senator/Representative Last Name:
On behalf of Group Name, located in City, State, I am writing to request a meeting with you and your
staff on the morning of Day, Month, 2013 to discuss issues pertinent to the immigration reform bill.
Along with # members of Group Name and other leaders from the state, I will be in City/District, State
during April Recess. Group Name the xx and advocacy organization in the United States – works to
improve opportunities for xx Americans (Make this specific to your organization). On Date, more than
# representatives of xx community-based organizations across the country will be in lead May Day
events to raise awareness and support for legislative issues affecting the immigrant community on May
1st. In an effort to connect communities and citizens with their government, we wish to discuss issues
and legislation, including immigration reform and secondary priority issue(s), which concern the
immigrant population in State.
We are excited about this opportunity to speak with you and help shape a policy agenda that benefits
all Americans. Please contact me at phone number or email address if you have any questions. I will
follow up with your office next week. Thank you for your consideration of this request.
Sincerely,
Name
Title
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Town Hall Tips
Generally, town hall meetings offer three opportunities for your voice to be heard:
1. Raise your hand; ask a question.
Best case scenario: the Member actually wants to hear from constituents (rare, but it can happen).
2. Submit questions in writing beforehand.
Member gets to answer only those questions he or she want to answer.
3. Yell.
If they are only taking questions – and not yours – in writing, or hand picking from their supporters,
you have only one choice. Shout stuff out. Don’t be shy. We are fighting people who are not afraid
to be rude. Fight back.
Here are some suggestions for all three scenarios:
1. Oral questions: Make a point in the form of a question, quickly.
What do you want to do with the 11 million undocumented immigrants, many of whom have lived
here for over a decade, and contribute to our economy and society?
What do you have to say to families who live in constant fear of being torn apart? Or to parents and
children who have already been separated through the deportations and detentions of adults who,
other than their immigration status, did not commit any crimes?
Deportations are higher than ever under the Obama administration, while border-crossing has
reached a 40 year low. Since the border is largely secure, would you oppose a trigger mechanism in
immigration reform?
2. Written questions: Make a point in the form of a question, with a little more detail.
According to various polls, a majority of Americans support a pathway to citizenship. Mitt
Romney’s “self-deportation” plan was by and large rejected. Where do you stand on an earned
pathway to citizenship for the undocumented members of our community?
In an unprecedented demonstration of unity between labor and business, the U.S. Chamber of
Commerce and the AFL-CIO issued joint principles on immigration reform last week. If these
constantly conflicting entities can do it, why can’t Congress work together and find common
ground?
3. Yelling: They’ll do it, so we have to, too.
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Holding Members Accountable
Make your voice heard at a town hall
Attending town hall meetings, asking tough questions and making your voices heard, over and over
again, is the single most effective way to ensure that Congress takes up a vote on immigration reform
legislation and that Republicans or swing votes will feel comfortable voting in favor of common-sense
immigration reform. If your Representatives believe that their constituents feel passionately about the
need to pass common sense immigration reform – so strongly that they could lose their seat for failing
to listen – they will make sure their leaders know.
Below are a few tips for effectively making your voice heard at a town hall meeting.
In a nutshell:
1. Get there early
2. Sit near microphones if they are set up
3. Go with questions already written on index cards, so you have them on hand if they ask for
written questions
4. Ask questions that include facts
5. Don’t all sit together
6. Refuse to stop speaking if you have something to say
In more detail:
1. Get there early. Chances are that you weren’t invited to the meeting and had to dig up information.
There’s a reason for that. They will try to pack the place with supporters, and turn you away at the
door. You’ll need to be there at least an hour early to have even a decent chance of getting in.
2. Sit by the microphone. If there is one set up, plant yourself near it so you don’t end up in the back
of the question line. If other people start lining up to ask questions before they are invited to do so, you
should too.
3. Come with questions written down on index cards. Some members will try to control the
questions by taking them in writing. If you have yours all ready to go when you get there, you have a
better chance of getting it read.
4. Have a few fun facts at your fingertips. In the majority of polls Americans support a pathway to
citizenship for undocumented immigrants. For example, this month alone: a Bloomberg poll showed
53% of Americans in support of a pathway to citizenship, a Washington Post/ABC poll showed 55% of
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voters supporting a path to citizenship, and a Quinnipiac poll demonstrated 56% of Americans in
support.
5. If you come with friends, don’t all sit together. There is strength in numbers, even perceived
numbers. If you are literally all over the place, the opposition will feel like you were figuratively all
over the place.
6. Don’t allow yourself to be interrupted. Tea partiers and right-wing extremists have a lot of
practice booing and hissing over the sound of your voice. Don’t be surprised if they start yelling at you
mid-question, but don’t stop asking it. Keep talking, even if they are. You have every right to ask your
question. You have every right to be heard. If you still have something to say, by all means, keep
talking.
7. Refuse to take a non-answer for an answer. Ask your question, then wait for the response. If you
don’t get an actual answer to the question, say so, while standing up. Don’t be afraid to say “Member
of Congress, that doesn’t answer my question,” and repeat it. Remember, these people work for you!
8. Ask questions that tell the story. Often, Members of Congress will read the written question out
loud. So write down questions that make your point. Instead of, “please explain whether you support
immigration reform,” ask, “do you support the separation of families caused by our broken
immigration system?”
9. If there is no chance to ask questions, ask them anyway. Members of Congress who don’t want to
answer tough questions have all kinds of ways to keep from having to do so. They answer questions
you didn’t ask. They filibuster with a sane-sounding PowerPoint that offers a bunch of half-truths
rather than take questions from the audience. Raise your hand during these if there is an appropriate
place for a question, or even if there isn’t, but you question the information being presented. If the
Member doesn’t respond, stand up and ask the question anyway. If the question you asked is not the
one the Member answers, say so. You are not there to waste your time, and they should try to be
responsive. It’s their job!
….and finally
10. If you are passionate, be passionate. Your passion is justified. Let it show.
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MEDIA ADVISORY
For Immediate Release:
Contact: NAME, PHONE ##
April XX, 2013
**** PRESS EVENT ****
Press Event [TYPE] at TIME
LOCATION
[CITY/STATE] Immigration Advocates Respond to Senate Immigration Bill
Leaders from [ORGANIZATION NAME] Share their Reactions to the Senate Gang of
Eight’s Draft Legislation and What this Means Going Forward
Washington, DC – The Senate Gang of 8 introduced it’s highly anticipated draft immigration bill after months
of deliberation. At a [EVENT TYPE/DETAILS], leaders from [ORGANIZATION NAME] will react to the new bill
and share their thoughts on what this means for the legislative debate ahead.
The bill introduction follows a week of action in Washington, DC and across the country. On May 1st,
thousands of supporters will gather to rally for immigration reform throughout the nation.
WHAT:
[Event Description]
WHO:
[Name, Title, Organization]
[Name, Title, Organization]
WHEN:
DATE/TIME
LOCATION
Background:
About [Leading organization/s]:
[Optional] About the Alliance for Citizenship:
The Alliance for Citizenship (A4C) is a progressive campaign to win citizenship for 11 million Americans-inwaiting who are living in the United States today. The campaign was designed to seize this moment, working
with labor, immigrant, community, and faith-based organizations to pass major immigration legislation in
Congress in 2013.
For more information, please visit: www.allianceforcitizenship.org.
###
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Digital Tools
With the Senate’s bill introduced, we must ramp up our contacts, especially calls, to our Senators to fight to
improve the bill and keep it moving forward. We will also use our digital tools to share photos and videos, and
promote turnout for district office visits and other events during the recess. Please use the hashtag #p2c for
pathway to citizenship, and #timeisnow, so others can follow our work happening across the country during the
recess.
Sample Twitter post: Tell our Senators: the time is NOW for immigration reform w/a roadmap to citizenship!
http://bit.ly/call-for-reform #timeisnow #p2c
Sample Facebook message: While our Senators return home for the recess, activists across the country are
making their voice heard to demand action on immigration reform. Call on your Senators now to support reform
now that creates a fair pathway to full citizenship! http://bit.ly/call-for-reform
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Recommended Topline Talking Points:
The following selection of talking points can be used as guidance for events and press opportunities during
April recess. Please note that they are part of a broader document (also included in this toolkit) that contains
A4C’s recommended talking points on the “Border Security, Economic Opportunity, and Immigration
Modernization Act, S744.”

The Senate’s Gang of 8 has produced a bipartisan bill that represents a major step forward
towards fixing our broken immigration system once and for all. We applaud their efforts and we are
optimistic that we are closer than ever to making history. This is the year. Now is the time.

The bill will establish a new roadmap to citizenship for 11 million new Americans. The path is
long and arduous, and some of the conditions are of concern. But the centerpiece of the proposed
legislation is that 11 million will get immigration status initially and a chance to earn citizenship
eventually

The bill is not perfect. We will work to improve it as the legislative process unfolds. We want to
make sure the path to initial legal status is wide and inclusive. We want to make sure the border
security triggers do not thwart citizenship for the 11 million. We want to ensure that government
overreach in immigration enforcement is properly checked by safeguards, accountability and meaningful
due process.

We want families, including adult children of all ages and the siblings of U.S. citizens, to be given a
chance to reunite with loved ones. We want immigrant workers to be fairly paid and fully protected so
they aren’t pitted against American workers in a way that undermines the wages and working conditions
of all.

The introduction of the bill begins the legislative process. We have a ways to go, but we are
optimistic. The American people want their elected officials to lead. Latino, Asian American and
immigrant communities want respect and dignity.

The Gang of 8 has crafted a bill that is an excellent starting point. And our movement is prepared to
protect what we like in the bill and fight to improve the rest.

The bottom line is this. The American people support reform. The President and Democrats want
reform. The Republicans need reform. And our movement is determined to deliver workable and
humane reform this year.
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A4C Talking Points for Senate Bill Introduction
Version 3; 9:30 am Wednesday, April 17, 2013 (do not post or publish)
We will label updated versions as they are developed and once we have further analyzed the bill.
This is for guidance only; obviously, all groups will speak with their own voice.
Toplines

The Senate’s Gang of 8 has produced a bipartisan bill that represents a major step forward towards
fixing our broken immigration system once and for all. We applaud their efforts and we are optimistic
that we are closer than ever to making history. This is the year. Now is the time.

The bill will establish a new roadmap to citizenship for 11 million new Americans. The path is long and
arduous, and some of the conditions are of concern. But the centerpiece of the proposed legislation is
that 11 million will get immigration status initially and a chance to earn citizenship eventually.
Opponents will try to subject it to death by a 1,000 cuts. We will work to protect the path to citizenship.

While not perfect, the bill will not only create a new roadmap to citizenship, it will strengthen our
economy, protect families, treat American and immigrant workers fairly and give DREAMers and others
an accelerated path to citizenship.

It will modernize our immigration system in a way that holds everyone – employers, immigrants and
government – accountable.

The bill is a compromise. It’s a tough bill, and not the bill we would have written. But we believe the
Gang of 8 worked hard to represent all responsible points of view. At a time of hyper-partisanship and
extreme polarization, the Gang of 8 has broken through the gridlock in Congress to produce a good bill.
They have crafted policy elements that are carefully integrated and thoughtful. As with all
compromises, everyone had to give up something to get something. But in this case, the net result is a
bill that truly serves our nation’s interests and reflects our nation’s values.

We know that opponents will try to distort what’s in the bill and try to kill it by proposing poison pill
amendments. Let’s be clear: those who try to undermine this legislation with amendments that
undermine the bill’s core elements are in favor of maintaining a broken status quo.

The bill is not perfect. We will work to improve it as the legislative process unfolds. We want to make
sure the path to initial legal status is wide and inclusive. We want to make sure the border security
triggers do not thwart citizenship for the 11 million. We want families, including adult children of all
ages and the siblings of U.S. citizens, to be given a chance to reunite with loved ones. We want
immigrant workers to be fairly paid and fully protected so they aren’t pitted against American workers
in a way that undermines the wages and working conditions of all. We want the definition of families to
include LGBT families. We want to roll back harsh detention and deportation policies, stop the
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separation of families and reduce the wasteful spending so rampant in our current enforcement system.
We want to ensure that government overreach in immigration enforcement is properly checked by
safeguards, accountability and meaningful due process. We want immigrants from all areas of the
world, including regions historically underrepresented, to be given an equitable opportunity to be
admitted to America.

The American people want their elected officials to solve problems and not play politics. The Gang of 8
has stepped up and drafted policy that gives the nation a remarkable opportunity to rise to the challenge.
Now it’s up to other elected leaders to stand with them rather than tear their efforts down.

The bottom line is this. The American people support reform. The President and Democrats want
reform. The Republicans need reform. And our movement is determined to deliver workable and
humane reform this year.
The Senate bill tackles most of the key issues, and gets most of them right

11 million undocumented Americans get a shot at the American Dream. At the heart of the Senate
legislation is a fairly inclusive roadmap to legal status and citizenship for the 11 million undocumented
immigrants living and working in America today. While the cutoff date is problematic – it is set for
December 31, 2011 – and the length of time to citizenship is long – 10 years until permanent residence
and another 3 years until citizenship eligibility – the other requirements seem to make the path to initial
legal status accessible. Applicants must prove continuous presence in the U.S. since before the cutoff
date, pay a fine of $500 as well as fees and pass a background check. Those who qualify as Registered
Provisional Immigrants will receive protection against deportation, work authorization and the
opportunity to travel outside the country. When they renew at year six, they have to prove they have
paid their taxes and are economically self-sufficient. After 10 years in lawful status and assuming other
conditions have been satisfied (see below) this group of immigrants will be able to apply for permanent
residence and then be eligible for citizenship 3 years later. We are deeply concerned that the fees and
fines could end up being too high for many low-income immigrants, and that RPI immigrants are not
eligible for affordable healthcare subsidies or other safety net programs. Also, while we welcome the
provisions in the bill that seek to include stay-at-home parents in the legalization program, we will work
to ensure the program effectively incorporates domestic workers, day laborers, and other deserving
applicants who may have a difficult time meeting or proving specific standards. The goals of this
component are to give the 11 million a chance to gain legal status and have access to citizenship and
start the modernized immigration system starts with a clean slate. Burdensome and unrealistic
requirements are contrary to that goal.

Conditions that could impede legal status and citizenship: Within 6 months of the bill’s enactment
and before the legalization component begins, DHS must develop a plan to ensure “persistent
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surveillance” along high risk sectors of the border and a 90% effectiveness rate in apprehensions. The
bill makes a $3 billion investment in infrastructure, technology, and manpower to enable DHS to meet
those goals. DHS must also develop a southern border fencing strategy, and the bill dedicates up to an
additional $1.5 billion to implement it. If DHS fails to accomplish these goals by year 5, an additional
$2 billion will be made available to do so, and a commission of Southwest officials will make
recommendations on how to spend the additional money to meet the goals. While we understand the
actual triggers are the development of the plan and the utilization of the resources in pursuit of the plan,
we are deeply concerned that these triggers and metrics could be politicized and manipulated in a way
that impedes the path to citizenship for the 11 million. Similarly, the other conditions – eliminate the
backlog of those waiting to enter the country, make sure the mandatory employment verification system
is operational and establish an airport and seaport entry-exit system – must not be used to thwart the path
to citizenship for immigrants who are Americans in all but paperwork.

DREAMers and others get an accelerated path to citizenship. We are thrilled that the provisions for
DREAMers establish a faster path to citizenship (5 years); farmworkers have a 5 year path to permanent
residency, and others who have lived in the U.S. in lawful status for 10 years – such as Liberians and
Central Americans who received TPS or DED decades ago – will have an opportunity to earn their
citizenship faster. We are concerned that the citizenship process for all others will take more than 13
years to complete, but we are pleased that these deeply rooted groups will receive an accelerated
process.

Family immigration overhaul. While the family provisions eliminate the backlogs, it also eliminates
the opportunity for critical family members to reunite with their loved ones. This legislation includes
some positive reforms. It enables the spouses and minor children of green card holders to reunite with
their family members in the US without delays. It also clears out the substantial family backlog for
every person who is currently waiting for a green card. However, we are deeply concerned that the
legislation caps the adult children category to those under 31 and eliminates the sibling category. These
categories are critical to the family unit. Moreover, family reunification is the cornerstone of our legal
immigration system and eliminating categories that have helped historically excluded communities is
contrary to our commitment to family and equity.

The elimination of the diversity visa program and exclusion of LGBT couples and families from
the family immigration system are deeply troubling and move us backward as a nation, not forward.
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
Employment based immigration made more workable. This legislation promotes economic
competitiveness by streamlining certain parts of the employment-based immigration system and raising
per-country limits that have created daunting backlogs in the past. It includes a labor and business
negotiated agreement for a new worker program that is responsive to labor market needs while
providing important worker protections that guarantee fair conditions for both native-born and
immigrant workers, and another labor-business compromise affecting agriculture. The agreements that
have been carefully crafted and painstakingly negotiated must be respected and protected. Those that
seek to change them should be called out for seeking to kill the bill.

Enforcement should be targeted and accountable, not zealous and harsh. Currently, the federal
government spends a whopping $18 billion a year on immigration enforcement – more than it spends on
all other federal law enforcement priorities combined. Currently, the level of unauthorized migration
into the U.S. is at net zero. Currently, 400,000 immigrants are deported each year. Currently,
deportations proceedings suffer from little to no due process and detention decisions and conditions are
cruel and harsh. Then, in this bill, there is a significant expansion of enforcement – at the border,
through the mandating of employment verification and in the interior. If we are to construct a workable
and humane immigration system, we need to target enforcement, spend resources wisely and respect
basic rights. We will work to rein in excessive enforcement and make sure enforcement measures in the
bill include accountability for government officials, meaningful access to attorneys and meaningful
review by judges and safeguards that protect all Americans from government overreach.
We’ll be working to keep it strong and make it better.
The introduction of the bill begins the legislative process. We have a ways to go, but we are optimistic. The
American people want their elected officials to lead. Latino, Asian American and immigrant communities want
respect and dignity. The Gang of 8 has crafted a bill that is an excellent starting point. And our movement is
prepared to protect what we like in the bill and fight to improve the rest.
We will do everything we can to pass immigration reform this year. The moment is here. The time is now.
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Top Ten Questions & Answers
Senate Immigration Bill
1. What are the general eligibility requirements for people for legalization?
At the heart of the Senate bill is a broad yet stringent legalization program that will put most of the 11
million undocumented immigrants on the road to eventual citizenship. The bill provides for a several
step legalization program that first allows people to apply for “Registered Provisional Immigrant” (RPI)
status and then, after 10 years, for lawful permanent resident status, and then after 3 more years, for U.S.
citizenship.
Eligibility requirements include passing criminal and security background checks and establishing
continuous physical presence in the United States since before December 31, 2011. Departures of less
than 180 days during that period do not constitute breaks in physical presence. Certain criminal
convictions (1 felony or 3 separate misdemeanors) and other grounds of inadmissibility render
applicants ineligible for legalization.
Applicants must pay a penalty fine of $500 at the time of initial application, another penalty fine of $500
at the time of renewal of RPI status, and then a $1,000 penalty fine at the time of adjustment to
permanent status. Processing fees for adjudication of the applications apply at each of 4 stages on the
road to citizenship—initial application, renewal of RPI status after 6 years, application for lawful
permanent resident status after 10 years, and application for citizenship after 3 additional years (if
desired).
A person may remain in in RPI status and renew it every 6 years if they so desire. At the time of RPI
renewal and/or application for permanent residence, the applicant must demonstrate that they have
maintained regular employment or education, payment of taxes, and the ability to support oneself. At
the time of application for adjustment to lawful permanent resident status, applicants must demonstrate
that they are learning English and have a knowledge of civics.
Persons who have final orders of removal, or who have previously reentered the U.S. after a prior
removal or voluntary departure are eligible to apply for RPI status. In addition, certain people previously
deported for non-criminal grounds and who have a spouse, parent, or child USC or LPR in the United
States or who would be eligible for the DREAM Act, are eligible to apply for a waiver to reenter the
United States in order to apply for legal status. Persons who entered the United States on a valid visa and
then overstayed are eligible, provided they have been in unlawful status since December 31, 2011.
Individuals who receive PRI status can work legally in the United States and travel outside the country.
Their minor children, if present in the United States, can be included in their application.
Individuals with PRI status are not eligible for means-tested federal public benefits nor for subsidies or
tax credits under the Affordable Care Act.
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2. What will happen to people in current visa backlogs?
The Senate bill eliminates the entire family and employment-based visa backlogs within 8 years. All of the
people who are currently in the visa backlogs, waiting for their “priority date” to become current, will obtain
lawful permanent resident status before the newly legalized RPI’s can obtain permanent status.
3. Will the border enforcement "triggers" delay the legalization program?
The border enforcement triggers should not delay the initial RPI legalization program. The “triggers”
require the Secretary of Homeland Security to submit, within 6 months of enactment, two plans. The first is
a strategy to achieve a 90% effective rate goal in high risk sectors of the Southern border. The second is a
fencing plan designed to reinforce current fencing and barriers. The initial legalization program does not
begin until these plans are submitted. The legalization program also will not begin until implementing
regulations are issued – within 12 months after enactment of the bill.
If, after five years, the 90% effectiveness rate in high risk sectors has not been achieved, an additional pool
of resources will be authorized for appropriation and a commission of experts and elected officials from
border states will be formed. The border commission will issue recommendations to DHS regarding
additional measures that should be adopted to help reach the 90% effectiveness rate goal.
Two other enforcement “triggers” that have to be met before RPIs can apply for permanent residence
involve implementation of the E-Verify program and entry-exit controls at air and sea ports. Both of these
triggers are achievable and should not delay the path to permanent residence.
4. What about family members...spouses/kids of LPRs, siblings, LGBT partners, adult married kids?
The Senate bill provides for increased family unity by categorizing spouses and minor children of lawful
permanent residents as “immediate relatives” for immigration purposes. This means that these family
members are not subject to any numerical limitations. That, in turn, frees up visas for the other family
categories, which will limit the size of any new backlogs that may develop in those categories in the future.
The bill will phase out the U.S. citizen sibling visa category and diversity visas. But all U.S. citizens with
sibling petitions currently pending will be able to complete their sponsorship and new petitions may be filed
for another 18 months. After that point, siblings still will be eligible for a new “merit based visa” and will
receive eligibility points based on their family relationship. They will also be authorized to travel to the
United States as visitors for two-month periods each year.
The adult married children visa category will be limited in the future to those who are under 31 years of age.
The bill does not provide for family visas for LGBT “permanent partners.” This provision will have to be
added to the bill through the amendment process.
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5. What about DREAMERS, what happens to them?
DREAMERs can earn permanent legal status within five years, and are then immediately eligible to apply
for U.S. citizenship. DREAMERs who have been previously deported may still be eligible to apply for
legal status if they meet certain requirements, even if they don’t have a qualifying U.S. relationship
6. What other changes does the bill make to the employment-based visa programs?
Farmworkers are eligible for an expedited five year path to permanent legal status and then eventual
citizenship under current law. In order to qualify, among other things, they must continue working in the
agricultural sector for an additional 3-5 years post-enactment.
Other essential workers may apply for a new “W” worker visa which will allow them to enter and work in
the U.S. for participating employers, change jobs to other W employers, and eventually self-petition for
lawful permanent status under the new merit based program.
Both the W visa program and the new agricultural worker program are subject to important standards for
wages and working conditions, negotiated by labor to protect both immigrant and native-born workers.
Finally, there are new protections against employers using immigration status to intimidate workers and to
prevent international recruiters from misleading or otherwise mistreating those they bring to the U.S.
7. What about people who had TPS or DED?
People who have been in the United States in lawful or employment authorized status, including TPS or
DED, for at least ten years are eligible to apply for lawful permanent residence. This will allow people in
these statuses who have already been here for more than ten years to adjust status immediately, instead of
waiting another ten years.
8. Are there any changes to the asylum and refugee programs in this bill?
The Senate bill provides important improvements to asylum and refugee programs, including the
elimination of the arbitrary one-year filing deadline.
9.
What about other enforcement measures, such as E-Verify?
The bill includes a mandatory, universal employment verification program, E-Verify. The program includes
new due process and privacy protections, and is phased in over a period of five years until it includes all U.S
employers.
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10. When will this bill become law? What is the process? When can people begin to apply for
legalization?
The Senate bill must first move through a process of approval in the Senate Judiciary Committee, where it
will be subject to amendment from both Republicans and Democrats on the committee. The bill will then
go to the whole Senate for debate and amendment and a final vote. The House must also pass an
immigration bill.
If the House and Senate bills are not identical, the two bills will usually go to a House/Senate “conference
committee” where further changes will be made as the differences between the two bills are worked out.
The final bill agreed-upon by the conference committee must sent back to both the House and Senate for
final votes, and only then can the bill be signed into law by the President.
Once the bill is signed into law, there will be a one-year period in which regulations will be written to
implement the bill. The application period for the new legalization program will begin one year after the
bill is signed into law, and applicants will have one year to apply. The DHS Secretary can extend the
application period for an additional eighteen months if necessary.
During the year it will take to finalize the regulations after bill enactment and through the one or two-and-ahalf year application period, individuals who are eligible for legalization will be protected from deportation.
No one can apply for legalization before the program application period begins, one year after the bill is
signed into law. Individuals should not pay anyone to prepare or file their application unless and until the
official application period begins. Information and deadlines will be posted on various government and
non-profit organization websites.
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