WASHINGTON — The Senate immigration-reform bill would put a huge roadblock on the path to citizenship for some of America’s 11 million undocumented aliens, who could immediately be denied legal status because of past run-ins with the law.
The bill, which was ready to be introduced last night, includes a long list of “disqualifiers” that prevent applicants from becoming legal residents if they have any felony convictions or at least three misdemeanor convictions.
Illegal immigrants also would remain illegal if they were ever convicted of an a criminal offense under foreign law, voted unlawfully in the United States or are determined by the feds to be a criminal, national security or public health threat, according to the legislation.
Immigration advocates were howling.
“There are serious civil rights concerns,” said Cecillia Wang, director of the American Civil Liberties Union’s Immigrants’ Rights Project. “There shouldn’t be any kind of automatic disqualifiers.”
She even cited New York’s stop-and-frisk policing as a way illegals could rack up misdemeanors through stops that lead to arrests, and thus lose their chance to become legal US residents under the bill.
Sen. Charles Schumer (D-NY), one of the bipartisan Gang of Eight that wrote the legislation, said the bill strikes the right balance.
“If the ACLU drew up their bill, it wouldn’t pass the Senate,” said Schumer. “We’ve made it clear, if you commit a serious crime, you shouldn’t be on the path to citizenship.”
He stressed that three misdemeanors is nothing to sneeze at. “It’s three!” he declared.
The bill would exempt criminal convictions that stem from the applicants’ illegal status, which could include convictions for forging work documents and driving violations in states that deny licenses to illegals.
Immigrant-rights groups insisted that a significant number of illegals would be disqualified for non-violent criminal convictions.
Under the bill, illegal aliens also would have to pay a $500 fine and show that they’ve been in the United States continually since before Dec. 31, 2011. They also have to prove they’ve been employed, earning above the federal poverty level, and paying all taxes.
The roadblock to citizenship is just one measure already drawing fire in the massive overhaul of immigration laws.
The National Restaurant Association blasted the new guest-worker program in the bill as “unworkable” because it creates a paperwork burden for employers.
Immigration advocates railed against the enhanced border security — a cornerstone for building Republican support for the bill, saying it further “militarizes” the southern border.
Schumer and Sen. John McCain (R-Ariz.), another Gang of Eight member, met yesterday with President Obama to review the bill, which next goes to a hearing Friday before the Senate Judiciary Committee.