Stars May Be Aligning for Immigration Reform

Author: Michael Cardman, XpertHR Legal Editor

The chances of Congress passing comprehensive immigration reform in 2013 are better than they have been in years, according to the American Council on International Personnel (ACIP), an immigration advocacy group that represents employers.

This year there is both momentum and bipartisan interest, "something we haven't had on the immigration debate for years," Rebecca Peters, ACIP's Director and Counsel for Legislative Affairs, said at the Society of Human Resource Management 2013 Employment Law and Legislative Conference.

The role that strong turnout among Hispanic voters played in reelecting President Obama in 2012 combined with a growing number of job openings in the private sector has helped propel the issue forward, according to Peters.

Unlike the Comprehensive Immigration Reform Act of 2007, which was brought straight to the Senate floor and never came to a vote, this year's legislation is expected to go through the Senate Judiciary Committee first. This will likely result in a more bipartisan bill that has a greater chance of passage, Peters said.

If a bill passes Congress and is signed into law, Peters said employers should expect:

  • Mandatory participation in the e-Verify system;
  • The elimination of green card backlogs;
  • More H-1B visas;
  • Greater penalties for employers that don't comply with immigration requirements; and
  • Work authorizations for spouses and partners.