Immigration Reform Caucus
Congressman Brian Bilbray, Chairman
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March 11, 2008
WASHington, d.c. — A squeeze on temporary visas for summer workers has unleashed a round of jockeying over immigration that could bring new legislation to the House floor, possibly this week.
Both parties are weighing a dizzying array of political considerations and tactical moves as they decide how to proceed.
Democratic leaders have been meeting with members of the Congressional Hispanic Caucus in an effort to craft a compromise that might combine more summer visas with broader immigration changes sought by the caucus.
They are trying to head off moves by Republicans to force the issue.
Later this week, GOP leaders hope to file a discharge petition on an enforcement-oriented bill written by Heath Shuler, D-N.C. A similar move by Charles Boustany Jr., R-La., could force the summer visa issue to the House floor after the spring recess.
Although discharge petitions are traditionally a long shot, unusual political alliances and election pressures on immigration make the issue unpredictable.
Until recently, the conventional wisdom had been that immigration legislation would be a non-starter in this presidential election year. But an electorate seemingly exasperated with illegal immigration has yielded a flurry of get-tough proposals from conservatives in both parties.
The more immediate impetus to action, though, is an impending shortage of H2B visas for summer workers — an issue that cuts across regions, parties and ideologies. If that issue isn’t addressed, lawmakers say, summer businesses — from fisheries in Maine to crawfish-shelling facilities in New Orleans and carnival operators on the Jersey shore — will be scrambling to find temporary employees.
Hitting the Ceiling
The H2B visas give foreign workers non-immigrant status to work seasonal jobs that can’t be filled by Americans. Congress capped the visas in 1990 at 66,000 annually, but the need has far exceeded that, so in recent years lawmakers have enacted exemptions that raised the cap. In fiscal 2006, an additional 50,000 workers were admitted.
Last year, though, efforts to renew the exemption got caught up in the nasty fight over broader immigration issues. Bills to address the H2B shortage (HR 1843, S 988) were filed by Rep. Bart Stupak, D-Mich., and Sen. Barbara A. Mikulski, D-Md., but they have languished in committee. The issue is complicated by the fact that Congressional Hispanic Caucus members have been unwilling to support any H2B visa increases absent other immigration reforms.
Visas vs. Enforcement
Lawmakers on both sides of the aisle are now struggling to find vehicles that would allow them to correct the H2B problem, while also addressing their respective political agendas.
For Democrats, the primary vehicle for discussion is a new proposal from Stupak that would build on his earlier H2B bill but add a sprinkling of other immigration liberalization proposals — enough to earn support from the Hispanic Caucus. Among the changes being discussed: an initiative that would expedite legal immigration for family members of U.S. military personnel and a temporary, five-year visa program for illegal immigrants already working in the country, according to sources familiar with the plan. A draft, backed by the Hispanic Caucus, was being circulated among House members for input late last week.
The clock on those discussions effectively started March 6, when Boustany filed a resolution (H Res 1025) with the House Rules Committee to bring Stupak’s existing H2B bill to the floor for debate. If the panel doesn’t approve his rule, Boustany is expected to file a discharge petition after the spring recess, which, if successful, would force a vote on H2B visas alone.
Democratic leaders have other options to consider. They might offer Stupak’s enhanced package of proposals concurrently with the enforcement-focused bill being offered by Shuler. Or they could augment Stupak’s proposals with enforcement measures of their own, to look tough. But that might run afoul of the Hispanic Caucus.
‘Blue Dogs’ Key
That’s not the only worry for the Democratic leadership. Conservative Democratic “Blue Dogs” like Shuler’s bill. A successful discharge petition on that measure could force Democrats either to rush to present their own proposal or to maneuver to bring Shuler’s legislation to the floor under a rule that would permit them to propose amendments.
Shuler’s bill (HR 4088) enjoys wide support among the House’s 198 Republicans and has nearly 50 Democratic cosponsors, but it is unclear whether enough Democrats will sign a discharge petition to reach the 218-signature threshold that would bring the bill directly to the floor.
Observers say Democrats might be more likely to sign a discharge petition on Boustany’s proposal, as there is a widespread feeling of urgency that something must be done soon to address the dearth of work permits for summer laborers.