Future Flows and Worker Rights in S. 744: A Guide to How the Senate Immigration Bill Would Modify Current Law

"On June 27, 2013, the U.S. Senate passed the Border Security, Economic Opportunity, and Immigration Modernization Act (also known by its bill number, S. 744) by a vote of 68 to 32.  If enacted into law, S. 744 would require extensive reforms of all major aspects of the U.S. immigration system.  Many of these reforms would directly affect the U.S. labor market by, for example, modifying rules and annual limits in permanent and temporary foreign worker programs, by creating new protections for foreign and U.S. workers, and by giving unauthorized migrant workers and their families the opportunity to apply for a newly created “provisional” legal status if they meet specified requirements.

This document is intended as a resource for anyone seeking to understand how S. 744’s provisions would modify current—or create new—immigration laws regarding future flows of foreign workers, including the recruitment of foreign workers, the rights of U.S. and foreign workers, and how the status of unauthorized workers and their families would be regularized.  Other useful guides to S. 744 exist, but most broadly summarize the law, and none lays out the elements of these provisions in as much detail.  However, the provisions in Title III that reform the electronic employment verification system (also known as “E-Verify”) have been intentionally omitted because they primarily deal with immigration enforcement, although they include some new due process protections for job applicants.

This guide shows that S. 744 would affect U.S. and foreign workers, their families, and employers in the following ways..." -  Daniel Costa, Nov. 12, 2013.