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(Tucson) ARIZONA DAILY STAR: Kyl measure adds steps for entrants to work U.S. jobs CAPITOL MEDIA SERVICES ARIZONA DAILY STAR People in this country illegally could continue to work here - but only if they first go back to their home countries under the terms of immigration legislation introduced Tuesday by Sen. Jon Kyl, R-Ariz. The measure co-sponsored by Sen. John Cornyn, R-Texas, would let illegal entrants remain in the United States for up to five years after the measure is enacted. But they would have to register and could not work legally. Those with jobs - and employers who want to keep them - would have to go back to their home countries to apply for the necessary visa to remain - a process Kyl said could take "literally days, or perhaps a couple of weeks." Those without an employer to sponsor them could apply for one of several new work visas created by the bill, one of which would let people work here for up to two years and be renewable for a maximum of six years. But those who want to become eligible for those visas would have to apply in their home countries, with no guarantee they ever would be allowed to re-enter legally. The plan differs sharply on several key points from a bill sponsored by Sen. John McCain, R-Ariz. That legislation, co-sponsored by Sen. Edward Kennedy, D-Mass., as well as Reps. Jim Kolbe and Jeff Flake, both Arizona Republicans, allows people already in this country illegally to petition to remain. Kyl called that "amnesty" and said it is unacceptable. Kyl's legislation has been cautiously welcomed by immigration restrictionists and criticized by migrant advocates for perpetuating the criminalization of people who've come to the U.S. to work. Like other immigration reform proposals, this one will have a hard time passing muster in Congress. Last week, Senate Majority Leader Bill Frist predicted that Congress is unlikely to act on immigration reform legislation this year. But Frist promised to "look at" the various proposals sometime "within the next 12 months." That would put the issue before Congress in the middle of an election year for all 435 members of the House of Representatives and a third of the Senate, including Kyl. "The Kyl-Cornyn bill is punitive," said the Rev. Robin Hoover of Tucson-based Humane Borders, which places water stations in the Arizona desert to aid illegal entrants. He said the Kyl bill, with its emphasis on law enforcement, "will continue to criminalize the migration that the United States created." Randy Graf, a Republican congressional candidate in Arizona's 8th District, said the Kyl bill is a good place to begin the discussion on immigration reform. He said he appreciates the Kyl bill's "serious approach to the enforcement side of the issue." The National Immigration Forum, which supports public policies that welcome immigration, released a statement saying the bill offers little reason for illegal border crossers to make themselves known to the U.S. government. "Instead of offering carrots to draw the 11 million out of the shadows so they register with the government, submit to screenings, pay a fine and get in line for eventual permanent residency, it presents mostly sticks that would keep them in the shadows," the statement said. Kyl acknowledged his plan depends on the more than 10 million illegal entrants already in the United States - many working undetected - opting to come forward. He said surveys showing most illegal entrants would rather work here legally and eventually return to their own countries suggest that that's not an unreasonable assumption. "We provide that," he said. "And it's available immediately." But Kolbe, who said that because of the threats posed to homeland security "it's essential that we know who's living in our borders," questioned whether illegal entrants would actually come forward. "I just don't think these people come out of the woodwork,'' he said. By contrast, he said the bill he is co-sponsoring with McCain provides an incentive to come forward by allowing people to stay. But the Kyl-Cornyn legislation is not entirely premised on voluntary compliance: The plan calls for 10,000 new federal agents who will audit employers who hire undocumented workers. And companies that break the law would be subject to harsher penalties. Kyl said he believes businesses will not object because his plan would make verifying legal workers much easier, reducing the documentation required. With no cap on the number of workers who can be brought into this country, employers will "have an opportunity to use this labor if they have to, less expensively, more easily than currently is the case," Kyl said. The legislation would also add 10,000 Border Patrol agents as well as 1,250 Customs and Border Protection officers, who work at ports of entry. It would also provide $5 billion over five years for everything from cameras and sensors to new checkpoints. Kyl did not have a bottom-line figure for the cost of the package, but he said the price tag will not be a political problem. McCain would not comment on the specifics in Kyl's plan but issued a statement saying he welcomes all parties to the debate on immigration reform. Star reporter C.J. Karamargin contributed to this report. TEXT BOX: Side by side ● Key differences between the McCain/Kennedy/Kolbe/Flake immigration bill and the new Kyl/Cornyn immigration bill: Status of existing illegal immigrants: ● Kyl - Can remain for up to five years after registration but must go back to home country to apply for guest worker program or visa. ● McCain - Can apply for temporary visas while in the United States and apply for permanent status after paying a fee. Border security: ● Kyl - Additional 10,000 Border Patrol agents, additional 10,000 detention beds. ● McCain - Directs the secretary of Homeland Security to come up with a plan and make recommendations to Congress. Employer enforcement: ● Kyl - 10,000 additional agents to investigate employers who hire undocumented workers, with increased penalties; creates secure, machine-readable Social Security card. ● McCain - Electronic work authorization system to replace paper-based I-9 system. Temporary worker program: ● Kyl - Establishes new visa category for workers when no U.S. residents are available, with no numeric limits; two-year limit on visa. ● McCain - Creates new program for 4 million foreign workers to fill jobs that require few or no skills. Health care: ● Kyl - Requires aliens to have minimum health coverage provided by home country, alien or employer. ● McCain - Provides federal reimbursement of hospitals for emergency care to both illegal entrants and those with work visas.
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