We Belong Together: Women for Common-Sense Immigration Reform Analysis of the Senate Immigration Bill (S. 744) Amendments: Impact on Women and Families We Belong Together’s priorities for immigration reform that will treat women fairly include: • An inclusive roadmap to citizenship • Family reunification • Workers rights protections and fairness in employment-based immigration • Protections for survivors of violence and trafficking • Due process and protections for families P Helps Women • Immigrant integration W Harms Women TITLE II, SUBTITLE A

P

Leahy8 (ARM13607), Hirono12 (ARM13554): To allow the registered provisional immigrant status (RPI) penalty to be paid in installments.

Impact: Would increase access to RPI status for low-income women and families and ensure that families do not fall out of status at RPI renewal due to cost.

W

Grassley7 (ARM13621): To increase penalty to $5,000.

Impact: Would make the pathway to citizenship inaccessible for many women and families. Hatch5 (MDM13411): To raise the income requirement for individuals applying to renew RPI status from 100% to 125% of the federal poverty level and require them to maintain this income “throughout” the period of admission as an RPI (rather than allowing them to demonstrate an “average” income of 100% FPL at renewal and 125% FPL at adjustment). Impact: Many common occupations held by undocumented women, such as food preparation, child care, nursing aides, and domestic worker pay under 125% of FPL. Many low wage women and families would not qualify.

W

W W

Lee10 (ARM13485): To require the payment of back taxes to include all income and employment taxes owed while in country unauthorized

Impact: Would prevent many families from advancing on the roadmap to citizenship Grassley9 (ARM13539): To prohibit an extension of the initial application period for RPI status or blue card status.

Impact: It may take low-income families time to save. An extension would keep the path accessible to women and families. Hirono17 (ERN 13174): To count time in RPI or Blue Card status toward 5-year bar for federal means tested programs (Medicaid, CHIP, TANF, SNAP); allow states to eliminate 5-year bar to full Medicaid for lawfully present, DREAMERs, and blue card. Impact: Would help women and families access medical programs needed to raise families and attain economic security faster, by counting their time in RPI status toward their five-year bar.

P  

Page 1 of 9 Page of 10

Questions? [email protected]

1

P Helps Women W Harms Women

W

Grassley13 (ARM13501), Lee12 (MDM13378): To exclude sworn affidavits from the documents submittal in connection with applications for registered provisional immigrant status.

Impact: NELP reports that in a survey of low-income workers, 98% of surveyed undocumented nannies, 92 % of maids and housecleaners, 77 % of garment workers did not receive any pay stubs. The broadest set of possible documentation/verification avenues would ensure that workers in the paperless economy qualify for RPI renewal. Affidavits provide flexibility that many workers require.

W

Grassley37 (MDM13359): To prohibit the Secretary of Homeland Security from designating additional documents to verify the identity and work authorization of an individual.

Impact: Additional documents could improve access to roadmap and provide flexibility workers in paperless economy need. Sessions10 (MRW13340): To alter the long-standing public charge test to consider the use of health care or nutrition assistance in determining whether an individual is likely to be self-sufficient in the future; prevents individuals from adjusting to lawful permanent residence if they have used Medicaid or SNAP. Impact: Children and pregnant women are the most likely to secure health care benefits while lawfully present or in a “qualified” status prior to obtaining lawful permanent residence. It is particularly problematic to prevent children and pregnant women from getting the health care and nutrition that they need to grow and develop properly.

W W

Sessions17 (ARM13553): To ensure that granting of registered provisional immigrant status does not result in the admission of immigrants likely to become public charges.

Impact: Historically, women have been disproportionately impacted by policies that attempt to assess whether in the future an individual will be a public charge. Sessions18 (ERN13166), Sessions19 (ERN13167), Sessions25 (ERN13165), Sessions26 (ERN13156), Sessions27 (ERN13157), Sessions28 (ERN13158): To add an option to demonstrate that a registered provisional immigrant is not likely to become eligible for State means-tested assistance to the conditions for adjustment of status to lawfully admitted for permanent residence. Impact: States may allow access to means tested benefits for low-income individuals who are above the federal poverty line. Access to services provides help for families in troubled times and can ensure kids and moms stay healthy.

W W

Grassley18 (ARM13537): To require all RPI applicants to disclose all names and social security numbers ever used to obtain employment. Failure to comply results in revocation of RPI status.

Impact: Would discourage people from applying for legalization, esp. as they may face criminal liability under Grassley 34. Sessions24 (MDM13373), Lee8 (MDM13342): To strike the provision that authorizes the Secretary to permit immigrants who were previously deported from the United States and are outside the United States, or have reentered the United States illegally after, to apply for registered provisional immigrant status. Impact: During a two year period from 2010-2012, over 200,000 parents of U.S. citizen children were deported, separating families and communities, and creating a humanitarian crisis. Reuniting families should be a top priority.

W W

Sessions29 (KER13175): To require demonstration of employer-sponsored health insurance coverage and modify income requirements to the period of admission for registered provisional immigrants to 400% FPL.

Impact: Would leave in the shadows many who are not able to meet income and health insurance requirements. Page 2 of 9 Page of 10

3

P Helps Women W Harms Women

W

Lee7 (EAS13516): To modify the physical presence requirement for application for registered provisional immigrant status to 12/31/09.

Impact: Would exclude numerous families that are unable to prove residency before this date, but who have established deep roots in the U.S. since then. Sets up the need for another immigration reform down the road.

W

Lee11 (EAS13518): To prohibit the waiver or reduction of penalties payable in connection with applications for adjustment to registered provisional immigrant status.

Impact: Hardworking, low-income women and families would benefit from a potential waiver.

W

Grassley14 (ARM13502): To change the exception for education or employment requirement when renewing RPI status from "circumstances outside the control of the alien’’ to ‘‘extraordinary circumstances outside the control of the alien (including acts of God)’’.

Impact: Decreases flexibility and may prevent low-income families who have fallen on hard times from renewing status.

W

Cruz3 (DAV13373): To provide that no person who has previously been willfully present in the United States while not in lawful status shall be eligible for United States citizenship.

Impact: Would dismantle the roadmap to citizenship, and the dream of citizenship and full civic participation and integration.

P

Feinstein14 (MDM13496): To change the date at which aliens had to have entered the United States to qualify for registered provisional immigrant status from December 31, 2011, to the date of the enactment of this Act.

Impact: Would ensure that all unauthorized immigrants in the country can apply for RPI status.

P

Blumenthal11 (MDM13458): To exempt RPIs from the minimum income or resources requirement if their income was adversely impacted due to a labor or employment law violation.

Impact: Many immigrant women, including domestic workers, work in isolated workplaces where labor and employment law violations are common. No worker should be prevented from qualifying for RPI renewal as a result of violations of their rights.

P

Blumenthal18 (EAS13448): To prohibit withholding of employment records as an unfair immigration-related employment practice. (Title III)

Impact: In isolated and informal workplaces it is unrealistic to expect workers to ask their employers for documentation, especially immigrant workers with little control over the terms and conditions of their work. And often, employers who are asked for documentation simply fire their workers fearing their own liability. This amendment would provide critical protections for women workers and will help them have the documentation they need for RPI renewal and to adjust status. Hirono14 (MDM13541): To permit RPIs to petition for their dependent spouse and children who are not physically present in the United States to become registered provisional immigrant dependents if they meet the other eligibility requirements for such status. Impact: Would provide relief to separated families, while addressing one of the root motivations of undocumented immigration: joining family when there is no viable pathway to do so legally.

P

Page 3 of 9 Page of 10

4

P

P Helps Women W Harms Women Blumenthal1 (BAG 13307): "Little Dreamers Amendment" To ensure that children under age 18 aren’t excluded from the five year path to citizenship.

Impact: Would include a clear and expedited roadmap to citizenship for the approximately 1 million undocumented children under 18 in the United States, and would increase the overall stability of families. TITLE II, SUBTITLE B

P

Leahy5 (MDM13417): To allow spouses and children of certain agricultural workers to come as derivatives and be authorized to work.

Impact: Would allow families to stay together and spouses to contribute fully. TITLE II, SUBTITLE C Leahy6 (MDM13298): To permit permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents. Impact: Families in committed same sex bi-national partnerships would gain stability in their lives, knowing they will not have to choose between love of each other and country.

P P

Leahy7 (MDM13374): To recognize, for purposes of immigration, any marriage entered into in full compliance with the laws of the State or foreign country within which such marriage was performed.

Impact: Families in committed same sex bi-national partnerships would gain stability in their lives, knowing they will not have to choose between love of each other and country.

W

Sessions48 (MDM13428): To remove brothers and sisters of United States citizens from the point allocation under the merit-based immigrant program.

Impact: Would likely result in limited inclusion of women and families in future immigration flows. Hirono11 (MDM13540): To require the Comptroller General to conduct a study of the merit-based immigration system established under section 203(c) of the Immigration and Nationality Act, as amended by section 2301 of the bill. Impact: If discrimination exists in the merit system, a report would illuminate lack of inclusion of women (among other issues) and make recommendations for improvement.

P P

Hirono10 (ARM13626): To allocate a certain percentage of visas for family- sponsored immigrants to address separations that result in extreme hardship.

Impact: Families are at their best when they can stick together in times of need.

P

Hirono9 (EAS13312): To extend the period that a married son or daughter or brother or sister of a citizen of the United who is eligible for a merit-based immigrant visa may be in V nonimmigrant status.

Impact: Would allow families to be together for longer periods of time. Page 4 of 9 Page of 10

5

P Helps Women W Harms Women Hirono8 (MDM13305): To modify the age at which married children of United States citizens qualify for certain immigration benefits to 39, including points toward tier 1 merit-based immigrant visas, familybased immigrant visas, and V non- immigrant visas. Impact: Would make the merit system more inclusive of women and families. Hirono7 (MDM13535): To restore the family-sponsored immigrant categories for older married sons and daughters of United States citizens and siblings of United States citizens 10 years after the date of the enactment of this Act. Impact: Would ensure that women, who primarily immigrate to the U.S. through family immigration channels, would be able to continue to do so. Hirono6 (MDM13534): To retain the family-sponsored immigrant categories for older married sons and daughters of United States citizens and siblings of United States citizens.

P P P

Impact: Would ensure that women, who primarily immigrate to the U.S. through family immigration channels, would be able to continue to do so. Hirono5 (MDM13425): To authorize United States citizens and permanent residents to sponsor up to two members of their extended family to immigrate to the United States if they have not previously sponsored any other family members. Impact: Would provide opportunities for families to be together. Sessions2: To impose a numerical limitation on the number of aliens that may be admitted as lawful permanent residents or receive adjustments of status to that of aliens lawfully admitted for permanent residence, to require the Secretary to issue employment authorization documents to all nonimmigrants authorized to work in the United States, and to impose a numerical limitation on the issuance of such documents. Impact: Would impose restrictive caps on future immigration, and could result in many people not being able to access the goal of citizenship.

P

W

TITLE II, SUBTITLE E Sessions40 (MDM13370): To strike the section that authorizes the Secretary of Homeland Security to award $50,000,000 in grants to nonprofit organizations to assist aliens to apply for registered provisional immigrant status. Impact: Women are often isolated as workers and caregivers in the domestic sphere. Their access to the roadmap to citizenship, including much-needed information, English and civics classes, depends on non-profit organizations that can reach them.

W

TITLE III, SUBTITLE A Blumenthal7 (ARM13582): To clarify and improve the prohibition on discrimination based on national origin or citizenship under INA to include compensation, terms, conditions, privileges of employment (instead of just hiring and firing). Impact: Would improve workplace protections for authorized immigrants

P

Page 5 of 9 Page of 10

6

P Helps Women W Harms Women

P

Blumenthal13 (ARM13612): To provide for the suspension of enforcement actions during workplace investigations of protected workplace activities.

Impact: Would encourage workers to speak out against workplace abuses by offering temporary protection from immigration enforcement. Franken1 (HEY 13247): To require the participation of small businesses (