Immigration Reform: Questions & Answers

WASHINGTON (AP) -- The Senate is debating legislation that could lead to the broadest overhaul of immigration law since 1986.

Senators began a weeklong vacation Friday while in the middle of the debate. Some details of a compromise negotiated by leading Democrats and Republicans and endorsed by President Bush are subject to change.

Based on the proposal and amendments approved so far, here are answers to some of the most frequently asked questions about the bill:

Q: How long before this bill becomes law? A: A long way. First it must pass the Senate. The House then would consider a bill of its own. If each chamber passes a different bill, more negotiations would be in store to reconcile differences. The Senate and House would have to pass the resulting compromise bill. Bush has said he would like to sign a final bill in August.

Q: Is this amnesty? A: Opponents say it is because people who illegally entered the U.S. can obtain visas that allow them to stay and work in the country indefinitely. These immigrants also could -- but would not have to -- apply to become legal permanent residents, which eventually leads to citizenship. Supporters of the bill say it is not amnesty because immigrants must work several years, learn English, pay fines and fees.

Q: How will the government get the illegal immigrants to step forward? A: Six months after the bill is passed, the Homeland Security Department would begin registering illegal immigrants who want legal status. The government would take their fingerprints and check their backgrounds. All this will be done over one year. After an illegal immigrant submits his fingerprints and an application, he would get an interim legal status that makes him eligible for a "Z" visa and to hold a job. Illegal immigrants who do not step forward risk deportation. Some could be found ineligible because of criminal records or other information arising out of the background checks.

Q: Is that all these immigrants must do? A: No. First some border security measures need to be accomplished; that is expected 18 months after the bill becomes law. After that, illegal immigrants who registered would get the Z visa. This would allow them to remain legally in the country, work and travel. To get this visa, immigrants must pay a $1,000 fine, up to a $1,500 processing fee and a $500 state impact fee. They also must show they are trying to learn English and pass a background check. The visa would be good for four years, but can be renewed every four years at a cost of no more than $1,500 each time. On the second renewal, the immigrant has to pass the naturalization test, but is not eligible for citizenship.

Q: Does an illegal immigrant have to leave the U.S. to get this Z visa? A: No. He only has to return to his country of origin if he wants to become a legal permanent resident. He would not be able to get a green card until the backlog of people already in line is cleared; that is expected to take about eight years. All owed back taxes also must be paid first. The cost to go from a Z visa holder to a legal permanent resident would be $4,000, plus the $325 green card application fee and $70 fingerprinting fee. Both fees could rise.

Q: What about an illegal immigrant's family? A: Family members illegally in the U.S. since before Jan. 1, 2007, also could apply for a visa -- Z-2 for spouses, Z-3 for minor children. They have to pay a $500 fine and a processing fee of up to $1,500 for each visa.

Q: What about border security? A: Before immigrants can get Z visas, 20,000 Border Patrol agents must be hired, trained and in place. Also, there must be 370 miles of fencing and 300 miles of vehicle barriers along the U.S.-Mexico border. The Border Patrol now has about 14,000 agents. The bill calls for installing 105 ground-based radar and camera towers and deploying four unmanned aerial surveillance craft and their support systems along the southern border. A practice of releasing detained illegal immigrants on personal recognizance must have ended.

Q: What is the plan to stop employers from hiring illegal immigrants? A: Eighteen months after the bill is enacted, employers would have to check the documents of new hires through an electronic system that the Homeland Security Department had set up. The agency also hopes to make it possible for employers to check photos on immigrant documents to prevent identity theft. Three years after the bill is enacted, employers would have to run all of their workers, an estimated 140 million, through the verification system. Employers found to have hired illegal workers could be fined up to $5,000 per employee for a first offense. Fines would rise to $75,000 per illegal worker for repeat offenses. Employers could be sentenced for up to six months in jail for repeat offenses. Under current law, employers can be fined up to $10,000 for each illegal worker on their payroll.

Q: What happens to people who enter the country illegally in the future? A: Along with deportation, illegal immigrants could face fines for the first offense to 20 years in detention for repeated offenses.

Q: Would the Senate proposal punish people who give water to someone entering the country illegally? A: No. The bill says providing emergency humanitarian assistance, including emergency medical care and food or taking an illegal immigrant to a place to get help without compensation is not aiding and abetting illegal entry.

Q: Does the Senate plan have a new temporary worker program? A: Yes. Foreigners who want to work in the U.S. would be able to apply for temporary worker visas. About 200,000 two-year "Y" visas would be available annually. The number of visas would rise or fall based on job availability. The visa could be renewed up to two more times, but the worker would have to home for a year between renewals.

Q: Can temporary workers in the new program earn legal permanent residency? A: No. After a maximum of six years of work, with one-year breaks every two years, temporary workers would have to return home permanently. They could apply to become legal residents while in their home country. But they would have to be considered for a visa under a new system that awarded points based on education, job skills, market needs, English proficiency and family ties.

Q: What about agriculture workers? A: The bill would create a five-year pilot program under which as many as 1.5 million illegal farm workers could acquire legal status through new "Z-A" visas. To qualify, they have to have worked at least 150 days in U.S. agriculture within the two years ending Dec. 31, 2006. They then would have at least 150 more days over three years or 100 days over five years to be eligible for legal permanent residency.

Q: What about family members who have applied to enter the country legally? A: Lawmakers say they will speed up the awarding of visas and green cards to family members of U.S. citizens who applied by May 1, 2005. The Homeland Security Department estimates it will take the government eight years to process that backlog of applicants. Anyone who applied after that date falls out of the line. They can try to get visas through the new "point" system.

Q: How does this affect people who want to apply for visas to join family in the U.S. in the future? A: The Senate bill would limit green cards for parents of U.S. citizens; the cards now are unlimited. In addition, after about eight years, when a backlog of applications for visas is cleared, siblings and adult children of U.S. citizens and legal permanent residents no longer would be eligible for visas solely because of their family ties. They would have to apply through the point system that gives preference to education and job skills.

Q: Does the Senate proposal make English the official language of the U.S.? A: No. It would recognize English as the common language of the United States. An amendment could be offered to try to make English the national language.

Q: How much would all this cost? A: The costs and benefits roughly offset each other on the government's books. The Congressional Budget Office estimates the immigration overhaul would cost the government up to $77 billion over the next 10 years. The biggest single cost would be refundable tax credits for low-income workers who formerly had illegal status. The budget office also estimates the proposed changes in immigration laws will produce an added $70 billion to $

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