CIR Dead until 2009 - What Now?
After failing to receive the crucial votes necessary to invoke cloture, the Comprehensive Immigration Reform Bill is officially dead. Given the lateness in the legislative session and the upcoming election year, we will not see immigration reform until 2009. So what can undocumented immigrants and employers of immigrants (undocumented and documented) expect now?
Well, my first thought is that ICE is going to continue, if not re-up, workforce raids. If there is no legalization program in place, it is ICE's job to make sure that employers are not hiring undocumented immigrants - and workforce raids are the best way to accomplish this. Now would be a good time for employers to make sure that their I-9 records are in good order.
My second thought is that employers who have been traditionally dependent on undocumented immigrants need to look long and hard at their options for bringing in temporary non-immigrant workers. While many employers express their attachment to the undocumented workers they currently employ, employers must think about proactively seeking legal labor. Having a workforce that you proactively recruited from abroad ensures that your workers are actually eligible to work - which is a great piece of mind as ICE increases workplace enforcement. However, keep in mind that the proposed increase in non-immigrant visas included in the CIR bills was lost - therefore every employer out there who is looking to bring in non-immigrants to work will have to compete for the few non-immigrant visas available. Employers are strongly urged to make sure that non-immigrant visa applications are submitted timely - or else you could loose out on your chance at hiring from abroad.
Finally, undocumented immigrant spouses of U.S. citizens should consider their immigration options carefully. Couples should consult with an immigration attorney to ascertain 1) whether the foreign national is 245i eligible or 2) whether consular processing is an option. As a general rule, it is much easier to proactively pursue an immigration benefit than to fight a removal order.
In the mean time, we will all have to sit back and see how the issues above play out in the public; I think most people truly expected a CIR bill to pass and everyone has been caught a little off guard. We are all now in a situation no one wanted to face, and only time will demonstrate the effect on employers and undocumented families.
