Catch-22 Seen in Immigration Plan

Illegal migrants who want green cards leading to U.S. citizenship might face hurdles under President Bush’s immigration plan that discourage them from coming forward, say immigrant advocates and congressional aides.

“It’s a Catch-22 situation,” said Judith Golub, a lobbyist for the American Immigration Lawyers Assn., which has praised Bush for tackling reforms but criticized his program as too tightfisted.

Under the president’s plan, illegal immigrants accepted as temporary guest workers would be able to apply for a permanent residency visa, or green card, through existing channels, with no special advantages. But while there are an estimated 8 million to 11 million illegal immigrants in the United States, the government awards only 140,000 employment-related green cards a year -- just 5,000 to low-skilled workers.

And the line for those green cards is already long.

“You’re going to have a huge number of people in the funnel and a drip, drip, drip on the other end,” said Frank Sharry, executive director of the National Immigration Forum, which promotes immigrant rights.

The vast majority of green cards are reserved for highly trained professionals or skilled workers. Most applicants are sponsored by relatives who are already citizens or permanent residents. But under complex rules, even some categories of family-related immigrant visas have numerical limitations.

In his speech, Bush said encouraging illegal immigrants to come forward would promote national security. “Our homeland will be more secure when we can better account for those who enter our country, instead of the current situation in which millions of people are unknown, unknown to the law,” he said.

But Sharry said that if there is little chance for long-term illegal residents to get green cards under Bush’s plan, they may not come forward to register. By identifying themselves to the government in order to receive one of the guest worker permits, which are valid for three years, they might risk deportation after the permits expire.

“I don’t think most people are going to want to come forward once they study the implications,” Sharry said. “The word on the street is going to be, ‘It’s a trap; it’s not worth it.’ If you’ve been here 10 or 12 years, why risk everything for a three-year work permit?”

Bush said he intends to ask Congress to increase the number of work-related green cards under the program. But the administration has not decided by how many.

Aside from the disparity between supply and demand for green cards, there are other legal hurdles. Under current law, undocumented immigrants who want to apply for a green card can do so only by returning to their home countries. However, once they get there, they face waiting periods as long as 10 years, a consequence of having violated U.S. immigration laws.

White House spokeswoman Claire Buchan said the administration would negotiate with Congress to craft an exemption from such restrictions for immigrants in the temporary worker program.

“The president has said we want to encourage people to participate in the program, and we want people to be able to come and go freely to their countries,” Buchan said. “So we will work with Congress.” The exemption, she stressed, “would be specific to those participating in the temporary worker program.”

An immigration proposal by Republican lawmakers from Arizona, which served as a model for Bush’s program, took a more expansive approach.

The legislation -- introduced by Sen. John McCain and Reps. Jim Kolbe and Jeff Flake -- would set no numerical limit for illegal immigrants who join a guest worker program and then decide to seek acceptance as permanent residents.

“It would encourage a path to citizenship for people who want to stay,” said a congressional aide working on an updated draft of the bill, introduced last summer. “We think some of these people could make the best citizens; they are hard-working and committed to staying here.” The measure also would waive the waiting period requirements.

The issues raised illustrate the range of problematic details that would have to be resolved before Bush’s plan can become law.

“The differences in these things can mean all the world,” said Golub, the immigration lobbyist. “They are not just details. They are central to the goals of any program.”

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Where Democratic candidates stand

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Most of the nine Democratic presidential candidates have voiced strong opposition to President Bush’s plan for a guest worker program that would allow illegal immigrants to apply for permanent residency visas. Here are comments from the Democrats, along with their immigration platforms.

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Carol Moseley Braun

“We must begin to ... [treat] immigrants with dignity and immigration as an opportunity -- not a threat.” No formal proposal available.

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Wesley K. Clark

Labeling Bush’s immigration plan “too little, too late,” Clark supports access to legal status -- and eventually citizenship -- for undocumented immigrants while maintaining rigorous homeland security standards.

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Howard Dean

Believes the Bush immigration policy will “create a permanent underclass of service workers with second-class status.” Advocates legalization for law-abiding undocumented individuals, creating a temporary worker program to help them organize, reunite with families and become citizens. Also backs enforcement in trade agreements to help raise labor standards in countries with high migration.

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John Edwards

Supports immigration policy that would guarantee citizenship for undocumented individuals who are employed and pay taxes.

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Dick Gephardt

Describes Bush’s immigration proposal as a “half-measure.” Helped draft legislation in 2001 to help reunite families and assist undocumented immigrants who meet residency and employment requirements to become citizens.

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John F. Kerry

Characterized Bush’s relationship with Mexican President Vicente Fox as “in tatters.” Hopes to institute an earned legalization program, with citizenship contingent upon residency, employment and a background check.

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Dennis J. Kucinich

Calls Bush’s immigration proposal “disastrous.” Favors potential citizenship for all immigrant workers in the U.S., as well as reuniting families and protecting their civil rights.

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Joe Lieberman

Supports earned legalization for employed, taxpaying undocumented immigrants. Would work to eliminate visa backlogs and establish an “American Dream Fund” to provide immigrants greater access to English classes.

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Al Sharpton

Could not be reached for comment.

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Researched by Times staff researcher Susannah Rosenblatt

Los Angeles Times