Last year, the world witnessed a dramatic upsurge in the struggle for immigrant rights. A mass movement for civil rights emerged in the heart of world capitalism. The central demand was, and remains, full legalization of the estimated 12 million undocumented immigrants in the United States.
Since then, the issue of immigration reform has been a top concern for the U.S. ruling class and millions of workers.
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Congress is now considering the Border Security and Immigration Reform Act of 2007, presented to the Senate on May 17. The bill has bipartisan support and the blessings of President Bush. For the past few days, amendments have been put forward by different politicians in an effort to shape the debate.
This bill, which is already loaded with repressive measures against immigrants, is under assault by the most racist and right-wing forces in Congress. Passage of any immigration bill is in great doubt.
The current legislation is the most recent in a long line of proposals put forward since spring 2006. All were crafted by the capitalists with their interests in mind, but all have contained some provisions that, if codified, could lead to the legalization of millions.
The earlier Sensenbrenner bill, H.R. 4437, was different. It was promoted by hard-right, anti-immigrant forces to further criminalize immigrants. But, instead, it served as the catalyst that brought millions of workers into the streets. Nationwide mobilizations from March through May 2006 smashed the draconian bill and forced the issue of legalization onto the table.
Government repression
Facing a movement of millions demanding democratic rights, the ruling class mobilized against it. It aimed to crush the movement by force while also persuading some within the movement to channel their efforts into “safe” outlets like lobbying and voting. With notable exceptions, there have been few large demonstrations since May 1, 2006.
Hundreds of thousands of immigrants have been deported by federal authorities. Local governments introduced and, in some cases, passed racist “English only” and similar laws. And bourgeois pundits and media outlets supported the growth of neo-fascist groups like the Minuteman Project.
The recent police attack on the May Day immigrant rights action in Los Angeles was part of the overall campaign targeting the immigrant rights movement. The capitalists want to settle the immigration issue in Congress, if possible, and discourage any further mass mobilizations.
The current Senate bill
Without doubt, the current Senate bill contains odious, racist, anti-worker provisions. It cites “national security” as a
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But serious working-class activists cannot abstain from the discussion. The bill is being debated by the ruling class. There is no other bill on the table. The only alternative is the status quo—raids, repression and unabated racism against immigrants. It is imperative to have an objective analysis of what the bill, if passed, could mean for the undocumented.
A fundamental question facing the immigrant rights movement is whether the Senate bill will provide material gains for immigrants. The bill should be understood in the context of the past 15 months of movement struggle, growth and then contraction.
Legalization is the key concern for the vast majority of undocumented workers. Under the Senate bill, millions of workers could be eligible for legalization, but the costs are high. The bill would allow undocumented workers to apply immediately for a work visa after paying a fee. They could then petition for a Z visa that would last for three years, renewable indefinitely.
To reach legal status, undocumented workers would have to return to their country of origin for an undisclosed period of time and pay a $5,000 fine. It may take 13 years to complete the legalization process.
Another component of the Senate bill is a thoroughly anti-worker “guest worker” program. It is similar to the proposal in last year’s Hagel-Martinez bill, but even worse.
Under Hagel-Martinez, a worker could apply for a green card after six years as a “guest worker.” The new Senate bill makes it much harder, if not practically impossible, for guest workers to become permanent residents. It contemplates a guest worker visa or “Y visa” that lasts two years and could be renewed three times with one year intervals between each renewal.
After this, the guest worker could apply for a “Z-A” visa and pay a $5,000 fine if they meet the criteria of a newly developed point system. The point system is based on the level of skill and education of each worker. This system is the biggest point of contention in Congress right now.
The point system would set back immigration reform to 1965, when immigration quotas were set according to what countries workers came from. Currently, the vast majority of visas are allocated according to family ties. Far fewer are employment-based visas.
The Senate bill proposes to reverse this, making employment and “merit” the primary considerations. Family visas would be reduced dramatically and would only go to spouses and minor children—extended family, parents, siblings, and sons and daughters over age 21 no longer would be eligible. This provision would divide families and must be opposed.
All bills that have been proposed over the past year, including the current Senate bill, also include measures to further militarize the U.S.-Mexico border and increase surveillance on immigrants.
The Senate bill calls for an additional 18,000 Border Patrol agents and millions of dollars worth of high-tech surveillance, including unmanned aerial vehicles, radars and camera watch towers.
The bill would create a massive database to monitor the work eligibility of all workers, verified by the Department of Homeland Security. Errors on the database could not be challenged. All U.S. workers would have to carry a Social Security card for identification.
Stay in the streets
The detestable parts of the Senate bill are clear. But the people can intervene decisively in the debate to get rid of them. Rather than summarily accept or reject the bill, the provisions should be points of struggle.
The “guest worker” program, the point system, militarization of the border, the division of families—these aspects can be defeated if the level of struggle is high enough.
This is a reason to intensify the struggle now and not to harbor illusions that the Democratic Party will align itself with the immigrant rights movement after the 2008 elections.
The question for the ruling class—Democrats and Republicans alike—is how to exploit undocumented workers most effectively and, at the same time, pacify and neutralize the movement.
The question for progressives and revolutionaries in the immigrant rights movement is how we can achieve full rights for immigrants and force the capitalists to make as many concessions as possible along the way.
The upcoming June 24 march for immigrant rights in Los Angeles will be a key step in the struggle. Taking to the streets to demand “Full legalization now” is more important than ever.
