The Senate Judiciary Committee “struggled to reach a compromise on an immigration reform bill today, trying to bridge an ideological divide between those who favor eventual citizenship and those who reject amnesty for people who entered the country illegally.”

After “days of street demonstrations” from California to the grounds of the U.S. Capitol, today, with a vote of 11- 6, the Senate Judiciary Committee passed Senator Kennedy’s amendment for a guest-worker program. Kennedy’s measure — which is a key part of the McCain-Kennedy plan — creates a new temporary visa to allow foreign workers to enter the US. The visa is valid for 3 years, and can be renewed one time for a total of 6 years. The measure contains strong labor protections for all workers, visas for family members, a path to permanent residence and citizenship, and a flexible market-based cap beginning at 400,000.

“The passage of my guest-worker amendment was a strong step forward as the Judiciary Committee continues its negotiations of comprehensive immigration reform,” Senator Kennedy said. “This measure is part of the three-part strategy for effective reform: stronger enforcement to improve our national security, a workable temporary worker program to address future flows, and a path to earned legalization for those who are already here. This plan reflects our best values as a nation—opportunity, fairness, and respect for the law.”

Kennedy’s measure amended the Chairman Specter’s proposal, which didn’t have an option for citizenship and was not capped. Below is background on the measure:

KENNEDY TEMPORARY WORKER AMENDMENT #6375

Many sectors of our economy today rely on the hard work and contributions of immigrants. Their work is indispensable to the continued growth of the American economy. The nation’s dependence on immigrants will be even greater in coming years.

The data clearly shows that immigrant workers are vital to our economy. Our current immigration laws are out of touch with current economic realities and have no way to meet future economic trends. According to the Pew Hispanic Center, more than 400,000 illegal immigrants arrive each year to work – and we need them to keep our economy growing. But current immigration law provides visas for only 5,000 lower-skilled workers.

There is virtually no legal way for a foreign worker to enter the country and take a full-time, year-round job. With so few legal channels for foreign workers, the current system essentially guarantees an illegal flow. Businesses can’t find the workers they need. Entire industries operate on the wrong side of the law. Millions of foreign workers live in the country illegally. The immigration system doesn’t work for anyone.

Labor needs can be met by enabling employers to obtain a legal, reliable, secure supply of workers, making it unnecessary for businesses to resort to illegal workers. At the same time, by establishing an equitable temporary worker program with strong labor protections, fair wages, and portability, the measure will provide temporary workers with the same rights and protections as American workers. This formula will improve the working conditions for all workers.

Temporary workers will be able to bargain for wages and benefits just as U.S. workers do. If they don’t like their jobs or the way they are treated, they will be permitted to change jobs. They will have the same right that American workers have to join or organize a union. Employers hiring temporary workers will be required to comply with all federal, state and local labor laws.

Senator Specter has created a generous temporary worker program that that has good labor protections. It will provide visas for foreign workers to come legally and safely to the U.S. to fill jobs when Americans workers are not available.

The amendment builds on that foundation, making a few but important modifications. First, the measure strikes the requirement that H2C workers spend at least 1 year outside the U.S. before they are eligible to obtain an extension of their 3-year visa. This requirement is not beneficial to business or workers. Employers want to retain experienced and trained workers. Workers who have played by the rules should be allowed to extend their status. We grant this benefit to high-skilled workers. Lower skilled workers should be treated the same.

It also give temporary workers who have lost their jobs a little more time to find a new employer. The Specter bill only gives a worker 45 days. Kennedy’s amendment extends it to 60 days. Sixty days is still significantly little time. The average length of unemployment for a lower-skilled U.S. worker is 16 weeks.

The amendment also strikes provisions in the Specter bill that curtail access to administrative and judicial review. We should not give unfettered discretion to an agency, which is prone to make mistakes.

Senator Specter’s Mark requires employers to pay a prevailing wage. Kennedy’s amendment strengthens this requirement by precluding the use of unreliable private independent wage surveys. In order to make sure that these workers are paid fair wages and they don’t undercut the wages of U.S. workers, the plan requires the payment of a prevailing wage rate under the Service Contract Act if it is a job is covered under that Act.

In order to ensure that H2C workers are covered by all federal and state employment and labor laws, the measure modify Senator Specter’s definition of employer to also cover employees. Moreover, the plan specifies that these terms have the same meaning as the Fair Labor Standards Act.

Senator Specter’s Mark establishes an administrative complaint process whereby the Secretary of Labor may review claims by aggrieved parties, including U.S. workers, and award back pay and benefits to workers and impose penalties and fines on employers who violate the terms of the program. Kennedy strengthens this process by making sure that workers can bring complaints for violations of the worker recruitment requirements, attestation process and prevailing wage requirements.

The last two changes are the most important. The Specter temporary worker program fails to include a cap on the number of H2C visas that may be issued in a given year. Kennedy’s amendment would impose a flexible market-based cap, which would start at 400,000 per year. That number would gradually increase or decrease based on demand.

Finally, the amendment provides temporary workers with an opportunity to become permanent residents, should they chose to do so. An employer could petition for the temporary worker at any time. In the alternative, a worker who has worked for at least 4 years as a temporary worker could self-petition to obtain permanent residence, provided he is admissible under our immigration laws.

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