Powell J. Encyclopedia Of North American Immigration

Подождите немного. Документ загружается.

The investment of $400,000 is locked in for approxi-

mately five years, after which it is repaid without interest.

Investments are guaranteed by participating provinces and ter-

ritories. Quebec operates its own investor program.

b. Entrepreneurs. Entrepreneur applicants must have legally

obtained a net worth of at least $300,000. They must also have

controlled a portion of the equity of a qualifying business that

was not operated primarily for the purpose of deriving invest-

ment income (such as interest, dividends or capital gains).

Applicants must intend and be able to own and actively

manage at least one-third of a business that will contribute to

the Canadian economy and create at least one full-time job,

other than for the entrepreneur and family members.

Entrepreneurs and their family members are granted per-

manent residence under conditions that are monitored by CIC.

They must report at specified intervals to an immigration offi-

cer in Canada on their progress in establishing a business which

meets specified requirements and show that they have met these

requirements for at least one year within three years of admis-

sion to Canada.

To be eligible for selection as a business immigrant, appli-

cants must first meet the applicable business immigration def-

inition of the class in which they are applying (investor,

entrepreneur or self-employed). Applicants are then assessed

against a selection system.

Entrepreneurs, investors and self-employed applicants are

assessed against five selection criteria. Applicants must obtain a

minimum of 35 points. However, the pass mark can change at

the direction of the Minister.

Factors Assessed Maximum Points

Education 25

Experience 35

Age 10

Proficiency in English and/or French 24

Adaptability 6

TOTAL 100

c. Self-employed. Self-employed applicants must demonstrate

that they have the relevant experience and the intention and

ability to become economically established in Canada by cre-

ating their own employment and contributing significantly to

Canada in one of the following areas:

1. Canada’s cultural life, either through performance at a

world-class level or self-employment in the discipline,

as in the case of dancers or experienced choreographers.

2. Canada’s ability to compete in athletics, either through

performance at the world-class level or self-employ-

ment in the discipline, as in the case of figure skaters

and coaches.

3. Canada’s economy, through the purchase and manage-

ment of a farm in Canada.

Applicants are expected to establish a business and become

self-supporting, but are not required to make a minimum

investment, employ others or report on progress towards the

establishment of the business.

Business applicants destined for Quebec

The Canada-Quebec Accord gives Quebec the right to

select its business applicants using its own selection criteria.

Business applicants destined for British Columbia

A business immigration pilot project was jointly launched

in British Columbia by Citizenship and Immigration Canada

and the B.C. Ministry of Employment and Investment in

1999.

The program provides information to prospective

entrepreneurs on business opportunities in British Columbia.

Entrepreneur applicants are encouraged to visit B.C. and

attend an immigration and investment seminar.

C. Refugees and other persons in need of protection.

Canada has a long humanitarian tradition of helping people in

need and lives up to its international commitments by wel-

coming between 20,000 and 30,000 Convention refugees and

other displaced persons into Canada each year. Refugees are

accepted into Canada under the following classes:

1. Convention refugees or persons needing protection

selected at a visa office abroad;

2. persons in Canada accepted by the Immigration and

Refugee Board as Convention refugees or persons in

need of protection; and

3. persons in Canada granted protection under a Pre-

Removal Risk Assessment (PRRA).

I. Refugees selected abroad

The Immigration and Refugee Protection Act allows foreign

nationals to apply for refugee protection while outside Canada

and to be selected for resettlement in Canada. To be eligible,

refugees must have no lasting alternative, such as voluntary

repatriation, resettlement in their country of asylum or reset-

tlement to a third country, or there must be no possibility of

such an alternative within a reasonable period of time. Three

classes of people are eligible for this program.

A. Convention Refugees Abroad Class. Convention refugees

seeking resettlement are people who are outside their

country of citizenship or habitual residence and who

have well-founded fears of persecution for reasons of

race, religion, political opinion, nationality or mem-

bership in a particular social group.

B. Country of Asylum Class. The Country of Asylum Class

includes people who are outside their country of citi-

zenship or habitual residence and who have been and

continue to be seriously and personally affected by civil

war, armed conflict or massive violations of human

rights.

364 ENCYCLOPEDIA OF NORTH AMERICAN IMMIGRATION

C. Source Country Class. This class includes people who

would meet the definition of Convention refugee but

who are still in their country of citizenship or habitual

residence. It also includes people who are suffering seri-

ous deprivations of the right of freedom of expression,

the right of dissent or the right to engage in trade

union activity, and who have been detained or impris-

oned as a consequence. Only citizens or habitual resi-

dents of specific countries are eligible under this class.

The government may sponsor members of the Convention

Refugees Abroad and Source Country classes. Members of any

of the three classes may be privately sponsored. People selected

for resettlement, regardless of their class, must demonstrate

their ability to eventually re-establish in Canada and must

undergo medical, security and criminality screening.

Members of these classes must be referred to a visa office by

the United Nations High Commissioner for Refugees

(UNHCR) or another organization with which CIC has an

agreement. In exceptional circumstances, they may apply directly

to the visa office. If the UNHCR refers them as in urgent need

of protection, the visa office will expedite processing. When fam-

ily members are separated, they may be included in the applica-

tion and allowed to come to Canada within one year after the

principal applicant receives a permanent resident visa.

Sponsoring refugees

Organizations, groups of Canadian citizens and perma-

nent residents may sponsor refugees under the P

rivate Spon-

sorship of Refugees Program. Sponsoring groups commit to

providing assistance in the form of accommodation, clothing,

food and settlement assistance for one year from the refugee’s

date of arrival. There are three types of sponsoring groups.

1. Sponsorship agreement holders and their constituent

groups. A number of organizations and groups across

Canada have signed sponsorship agreements to facili-

tate the sponsorship process. Sponsorship agreement

holders are essentially pre-approved sponsors. They

may sponsor refugees themselves or their constituent

groups may sponsor refugees with the approval of the

agreement holder.

2. Groups of five. A group of five Canadian citizens or per-

manent r

esidents can partner to sponsor refugees liv-

ing abroad. Each member of the group must be at least

18 years of age, live in the community where the

refugee will live and personally provide settlement assis-

tance and support.

3. Community sponsors. Other groups interested in spon-

soring refugees may consider a community sponsor-

ship. This type of sponsorship is open to organizations,

associations and corporations that have the necessary

finances and that can provide adequate settlement assis-

tance to refugees. Community sponsors must be

located in the community where the refugee will live.

II. In-Canada Refugee Program

A person who has arrived in Canada seeking protection

may make a claim for refugee protection by notifying an immi-

gration officer, who determines if the person is eligible to claim

refugee protection.

Claiming refugee protection

Anyone may claim refugee protection at a port of entry or

after entry to Canada. After completing an application form,

efugee protection claimants are photographed and have their

fingerprints taken. A decision on the eligibility of a refugee

claim must be made within three working days or the claim is

referred to the IRB. The decision may be suspended pending a

decision on criminal charges or an admissibility hearing on

issues of security, human rights violations, serious criminality,

or organized criminality. A refugee protection claimant is issued

a conditional removal order that does not come into force

unless the claim is refused. If eligible, the person’s claim is

referred to the Refugee Protection Division for a refugee pro-

tection hearing. If an immigration officer receives new infor-

mation that makes a person ineligible to make a claim, the

officer may reconsider the previous eligibility decision.

Refugee protection hearings

In general, an oral hearing is held to determine refugee

protection. Hearings usually take place in private to protect the

safety of claimants and their families, but in some cases they are

held in public. In these cases, the RPD takes necessary precau-

tions to ensure confidentiality when the life, liberty or security

of any person might be endangered. Representatives of the

UNHCR may observe the hearing.

The hearing is non-adversarial and allows claimants to

put forward their cases as thoroughly as possible. Claimants

enjoy the protection of the Canadian Charter of Rights and

Freedoms, have the right to participate fully in the process, be

represented by counsel and, if necessary, be provided with the

services of an interpreter. The hearing normally takes place

before one member of the Refugee Protection Division.

If the Refugee Protection Division accepts a claim, the per-

son applies for permanent residence within 180 days. The

applicant may include family members in Canada and abroad.

Permanent resident status may not be granted if there are con-

cerns about identity or if the person is inadmissible for serious

criminal or security reasons.

If the Refugee Protection Division rejects a claim, the con-

ditional removal order comes into force, and the claimant must

leave Canada immediately. The removal order is stayed if the

claimant applies for leave for judicial review of the decision.

People who have been issued a removal order can apply for a

Pre-Removal Risk Assessment.

III. PRE-REMOVAL RISK ASSESSMENT

The Immigration and Refugee Protection Act provides a formal

structured process for reviewing risk before a person is removed.

The Pre-Removal Risk Assessment (PRRA) gives persons who

APPENDIX A 365

may be exposed to compelling personal risk if removed the

opportunity to apply to remain in Canada.

A PRRA review is conducted immediately before removal.

It is done by a CIC officer who has specialized training in mat-

ters relating to personal risk and who has access to up-to-date

information on conditions in other countries.

The PRRA officer assesses the risk to the individual case

based on the same protection grounds as those considered by

the IRB, including the criteria in the Convention on Refugees

and the Convention against Torture, and risk to life or risk of

cruel and unusual treatment or punishment.

IV. THE NORTH AMERICAN FREE TRADE

AGREEMENT

Under Chapter 16 of the North American Free Trade Agree-

ment (NAFTA), citizens of Canada, the United States and

Mexico can gain quicker, easier temporary entry into the three

countries to conduct business-related activities or investments.

All provisions are equally available to citizens of the three coun-

tries. NAFTA applies to four specific categories of business per-

sons: business visitors, professionals, intra-company transferees

and persons engaged in trade or investment activities, all of

whom can enter Canada without a labour market test being

applied.

For more information, please refer to the booklet Tempo-

rary Entry to Canada under the NAFTA—A Guide for Ameri-

can and Mexican Business Persons.

V. WHAT HAPPENS AT THE PORT OF ENTRY

A. Examinations. Section 18 of the Act requires everyone seek-

ing to enter Canada—whether visitors, newcomers, temporary

residents, returning residents or citizens—to be examined by an

immigration officer at the port of entry.

In the case of foreign nationals seeking permanent status

or temporary residents intending to study or work temporarily

in Canada, a more detailed interview may be required before

entry will be granted. Individuals who want to become perma-

nent residents must establish that they have the necessary visa

or any other document required by regulations and that they

have come to Canada to establish permanent residence.

Individuals who want to become temporary residents

must satisfy an immigration officer that they have the neces-

sary visa or any other document required by regulations, and

that they will leave Canada by the end of the period authorized

for their stay.

Individuals who want to become permanent residents and

who are subject to a province’s sole selection responsibility

under a federal-provincial agreement must establish that they

hold a document issued by the province indicating that they

comply with the province’s selection criteria.

Possession of a visa or a permit does not guarantee a per-

son’s admission to Canada. The examining officer at the port of

entry must be satisfied that the visa or permit is valid, that the

person’s circumstances have not changed since the visa or per-

mit was issued, and that the person’s presence in Canada will

not contravene any of the provisions of the Immigration and

Refugee Protection Act and its Regulations.

B. Security deposits. When in doubt about the intention of a

temporary resident to live up to the terms of admission, the

examining officer may require payment of a deposit, or the

posting of a guarantee, prior to granting entry. Cash deposits

will be returned as soon as possible after all entry conditions

have been met.

C. Inadmissible classes. Division 4 of Part I of the Act prohibits

the admission of people to Canada on gr

ounds related to secu-

rity, human or international rights violations, criminality and

organized criminality (sections 3437). Individuals can also be

denied entry to Canada if they pose a threat to public health,

if they have no visible means of support, if they misrepresent

themselves or if they fail to comply with other measures in the

Act (sections 3841).

Exclusions on health grounds are based solely on danger to

public health or safety, or on excessive demands on health or

social services in Canada. Inadmissibility on criminal grounds

is determined by the sentence that could be given for equivalent

offences under Canadian law.

The Immigration and Refugee Protection Act also protects

the Canadian public by providing for the removal from Canada

of persons identified as inadmissible, such as those involved in

organized crime, espionage, acts of subversion, terrorism, war

crimes, human or international rights violations, criminality

and serious criminality.

VI. THE RIGHT TO ENTER OR REMAIN

IN CANADA

A. Canadian citizens. Canadian citizens have an absolute right

to come to or remain in Canada regardless of whether their

citizenship was acquired through naturalization, parentage or

place of birth. On entering Canada, however, they cannot

merely claim that they have that status; in order to enter, they

must satisfy an officer of their status.

B. Indians. People registered under Canada’s Indian Act,

whether or not they are Canadian citizens, also have an abso-

lute right to come to or remain in Canada. They must also be

prepared to prove their status to an immigration officer.

C. Permanent residents. Persons who have been admitted to

Canada as permanent residents have the right to come to the

country and remain here, provided they have not lost that sta-

tus or it has not been established that they have engaged in

activities, such as criminal acts, that would otherwise subject

them to removal. Conditions may be imposed for a certain

period on some permanent residents, such as entrepreneurs. A

permanent resident must live in Canada for at least 730 days

(two years) within a five-year period. In some situations, time

spent outside Canada may count. All permanent residents

366 ENCYCLOPEDIA OF NORTH AMERICAN IMMIGRATION

must comply with this residency requirement or risk losing

their status.

Like Canadian citizens, permanent residents also enjoy all

the rights guaranteed under the Canadian Charter of Rights and

eedoms, such as equality rights, legal rights, mobility rights,

freedom of religion, freedom of expression and freedom of asso-

ciation.

D. Permanent Resident Card. The Immigration and Refugee

Protection Act provides for the introduction of a Permanent

Resident Card to make it easier for permanent residents to re-

enter Canada after travelling abroad.

As of June 28, 2002, all new permanent residents will

receive Permanent Resident Cards. Existing permanent resi-

dents may apply for the card after October 15, 2002. Effective

January 2004, permanent residents travelling outside Canada

will need it for status identification in order to return to

Canada.

The card is revoked if it is lost or stolen, if the permanent

resident becomes a Canadian citizen, or if the person loses per-

manent resident status. If the card is lost, permanent residents

may apply for a travel document in order to return to Canada,

but they must satisfy an officer that they meet the residency

requirements.

E. Temporary residents. Temporary residents may enter or

remain in Canada temporarily as long as they comply with any

conditions imposed upon them. They must leave Canada by

the end of their authorized stay. Temporary residents may lose

their status and privileges if they:

1. do not comply with the terms and conditions of their

visit;

2. extend their stay without permission;

3. violate the conditions of their study or work permits; or

4. fail to comply with the Immigration and Refugee Protec-

tion Act.

. Protected persons. A protected person is a person on whom

refugee pr

otection is conferred. If they meet the specified

requirements, protected persons acquire permanent resident

status and have the same rights to enter and remain in Canada

as permanent residents.

G. Arrests and detention. Immigration officers can arrest for-

eign nationals and permanent residents who are suspected of

breaching the Immigration and Refugee Protection Act. While

arrests of foreign nationals can be made with or without a war-

rant, immigration officers must have a warrant to arrest a per-

manent resident or a protected person.

Immigration officers can detain people who are suspected

of breaching the Immigration and Refugee Protection Act if they

have reasonable grounds to believe that:

1. the person will not appear for immigration proceedings

such as an admissibility hearing or removal from

Canada;

the person poses a risk to the public because of past

crimes, a medical condition or a history of physical vio-

lence; or

3. the person refuses to provide information to an immi-

gration officer on his or her identity during an immi-

gration proceeding.

Immigration officers can detain a permanent resident or a

foreign national at a port of entry in order to complete an

examination, or if there are reasonable grounds to believe that

the person is inadmissible for reasons of security or for violat-

ing human or international rights. Children under the age of

18 are detained only as a last resort. The child’s best interests are

taken into account when making a decision on detention.

Whenever individuals are arrested or detained, the Cana-

dian Charter of Rights and F

reedoms requires that CIC officers

inform them of the reasons for their arrest or detention, their

right to legal representation, and their right to notify a repre-

sentative of their government that they have been arrested or

detained. Within 48 hours of a person’s detention, immigration

officers must review the reasons for the detention. A person

who has been detained for 48 hours must appear as soon as pos-

sible before a member of the Immigration Division of the

Immigration and Refugee Board, where a CIC officer presents

information to justify the detention. The member reviews the

case and decides if the individual should remain in detention or

be released with or without conditions. If the person is not

released, a member of the Immigration Division must review

the case again in seven days and then again within every 30

days.

Detention reviews before the Immigration Division are

open to the public, except those that concern refugee protec-

tion claimants. Persons who are arrested and detained under

the Immigration and Refugee Protection Act can be released only

by an immigration officer or a member of the Immigration

Division of the Immigration and Refugee Board.

VII. SAFEGUARDING LAW AND ORDER

The Immigration and Refugee Protection Act introduces several

new offences and sets severe penalties for breaches of the Act.

Under Part 3 of the Act, new offences of human smuggling and

trafficking in persons are introduced, with penalties of up to life

in prison and fines of up to one million dollars. These provi-

sions bring Canada into compliance with two new United

Nations protocols on smuggling of migrants and on traffick-

ing in persons, which require state parties to criminalize the

act of smuggling and trafficking in humans. The Act also makes

it an offence to disembark a person or a group of people at sea

for the purposes of entering Canada illegally.

New offences related to possession, use, import or export,

or dealing in passports, visas and other documents to contra-

vene the Act are also introduced, with prison terms of up to five

years for possession and 14 years for the use, import or export,

or dealing in these documents. The Act also sets higher penal-

ties for a number of other offences under the Act and expands

the provisions of a number of offences under the previous

APPENDIX A 367

Immigration Act, which the Immigration and Refugee Protection

Act replaces.

VIII. A FINAL NOTE

Under any immigration law, there are obligations on the part of

both the host country and the immigrant or visitor.

Canada welcomes newcomers and visitors. At the same

time, our immigration law works in the interests of Canada: to

ensure the total number of permanent residents admitted to

Canada and their skills and experience are linked more closely

to demographic and labour market needs, and to protect the

health and safety of Canadian residents.

Source: Citizenship and Immigration Canada, Minister of Public

Works and Government Services Canada, 2002, available online,

URL: http://www.cic.gc.ca/english/pub/imm%2Dlaw.html, accessed

March 6, 2004.

Speech of President George W. Bush,

Proposing New Temporary

Worker Program, 2004

As governor of Texas (1994–2000), George W. Bush developed

a strong record of friendship with bordering Mexico. He was

determined to bring his good working relationship with Mexi-

can president Vicente Fox to the White House in order to regu-

larize the participation of Mexican laborers in the U.S.

economy. Negotiations were temporarily delayed in the wake of

September 11, 2001, but on January 7, 2004, Bush proposed

a Temporary Worker Program that would “match willing for-

eign workers with willing American employers, when no Amer-

icans can be found to fill the jobs.” More controversially, it

would provide temporary workers legal status, even if they were

undocumented.

Thanks for coming, thanks for the warm welcome, thanks for

joining me as I make this important announcement—an

announcement that I believe will make America a more com-

passionate and more humane and stronger country.

I appreciate members of my Cabinet who have joined me

today, starting with our Secretary of State, Colin Powell. I’m

honored that our Attorney General, John Ashcroft, has joined

us. Secretary of Commerce, Don Evans. Secretary Tom Ridge,

of the Department of Homeland Security. El Embajador of

Mexico, Tony Garza. I thank all the other members of my

administration who have joined us today. I appreciate the

members of Congress who have taken time to come: Senator

Larry Craig, Congressman Chris Cannon, and Congressman

Jeff Flake. I’m honored you all have joined us, thank you for

coming. I appreciate the members of citizen groups who have

joined us today. Chairman of the Hispanic Alliance for

Progress, Manny Lujan. Gil Moreno, the President and CEO

of the Association for the Advancement of Mexican Ameri-

cans. Roberto De Posada, the President of the Latino Coali-

tion. And Hector Flores, the President of LULAC. Thank you

all for joining us.

Many of you here today are Americans by choice, and you

have followed in the path of millions. And over the genera-

tions we have received energetic, ambitious, optimistic people

from every part of the world. By tradition and conviction, our

country is a welcoming society. America is a stronger and bet-

ter nation because of the hard work and the faith and

entrepreneurial spirit of immigrants. Every generation of immi-

grants has reaffirmed the wisdom of remaining open to the tal-

ents and dreams of the world. And every generation of

immigrants has reaffirmed our ability to assimilate newcom-

ers—which is one of the defining strengths of our country.

During one great period of immigration—between 1891

and 1920—our nation received some 18 million men, women

and children from other nations. The hard work of these immi-

grants helped make our economy the largest in the world. The

children of immigrants put on the uniform and helped to lib-

erate the lands of their ancestors. One of the primary reasons

America became a great power in the 20th century is because

we welcomed the talent and the character and the patriotism

of immigrant families.

The contributions of immigrants to America continue.

About 14 percent of our nation’s civilian workforce is foreign-

born. Most begin their working lives in America by taking hard

jobs and clocking long hours in important industries. Many

immigrants also start businesses, taking the familiar path from

hired labor to ownership.

As a Texan, I have known many immigrant families, mainly

from Mexico, and I have seen what they add to our country.

They bring to America the values of faith in God, love of fam-

ily, hard work and self reliance—the values that made us a great

nation to begin with. We’ve all seen those values in action,

through the service and sacrifice of more than 35,000 foreign-

born men and women currently on active duty in the United

States military. One of them is Master Gunnery Sergeant

Guadalupe Denogean, an immigrant from Mexico who has

served in the Marine Corps for 25 years and counting. Last year,

I was honored and proud to witness Sergeant Denogean take the

oath of citizenship in a hospital where he was recovering from

wounds he received in Iraq. I’m honored to be his Comman-

der-in-Chief, I’m proud to call him a fellow American.

As a nation that values immigration, and depends on

immigration, we should have immigration laws that work and

make us proud. Yet today we do not. Instead, we see many

employers turning to the illegal labor market. We see millions

of hard-working men and women condemned to fear and inse-

curity in a massive, undocumented economy. Illegal entry

across our borders makes more difficult the urgent task of

securing the homeland. The system is not working. Our nation

needs an immigration system that serves the American econ-

omy, and reflects the American Dream.

Reform must begin by confronting a basic fact of life and

economics: some of the jobs being generated in America’s grow-

368 ENCYCLOPEDIA OF NORTH AMERICAN IMMIGRATION

ing economy are jobs American citizens are not filling. Yet these

jobs represent a tremendous opportunity for workers from

abroad who want to work and fulfill their duties as a husband

or a wife, a son or a daughter.

Their search for a better life is one of the most basic desires

of human beings. Many undocumented workers have walked

mile after mile, through the heat of the day and the cold of the

night. Some have risked their lives in dangerous desert border

crossings, or entrusted their lives to the brutal rings of heart-

less human smugglers. Workers who seek only to earn a living

end up in the shadows of American life—fearful, often abused

and exploited. When they are victimized by crime, they are

afraid to call the police, or seek recourse in the legal system.

They are cut off from their families far away, fearing if they

leave our country to visit relatives back home, they might never

be able to return to their jobs.

The situation I described is wrong. It is not the American

way. Out of common sense and fairness, our laws should allow

willing workers to enter our country and fill jobs that Ameri-

cans have are not filling. We must make our immigration laws

more rational, and more humane. And I believe we can do so

without jeopardizing the livelihoods of American citizens.

Our reforms should be guided by a few basic principles.

First, America must control its borders. Following the attacks

of September the 11th, 2001, this duty of the federal govern-

ment has become even more urgent. And we’re fulfilling that

duty. For the first time in our history, we have consolidated all

border agencies under one roof to make sure they share infor-

mation and the work is more effective. We’re matching all visa

applicants against an expanded screening list to identify terror-

ists and criminals and immigration violators. This month, we

have begun using advanced technology to better record and

track aliens who enter our country—and to make sure they leave

as scheduled. We have deployed new gamma and x-ray systems

to scan cargo and containers and shipments at ports of entry to

America. We have significantly expanded the Border Patrol—

with more than a thousand new agents on the borders, and 40

percent greater funding over the last two years. We’re working

closely with the Canadian and Mexican governments to increase

border security. America is acting on a basic belief: our borders

should be open to legal travel and honest trade; our borders

should be shut and barred tight to criminals, to drug traders, to

drug traffickers and to criminals, and to terrorists.

Second, new immigration laws should serve the economic

needs of our country. If an American employer is offering a job

that American citizens are not willing to take, we ought to wel-

come into our country a person who will fill that job. Third, we

should not give unfair rewards to illegal immigrants in the cit-

izenship process or disadvantage those who came here lawfully,

or hope to do so. Fourth, new laws should provide incentives

for temporary, foreign workers to return permanently to their

home countries after their period of work in the United States

has expired.

Today, I ask the Congress to join me in passing new immi-

gration laws that reflect these principles, that meet America’s

economic needs, and live up to our highest ideals. I propose a

new temporary worker program that will match willing for-

eign workers with willing American employers, when no Amer-

icans can be found to fill the jobs. This program will offer legal

status, as temporary workers, to the millions of undocumented

men and women now employed in the United States, and to

those in foreign countries who seek to participate in the pro-

gram and have been offered employment here. This new system

should be clear and efficient, so employers are able to find

workers quickly and simply.

All who participate in the temporary worker program

must have a job, or, if not living in the United States, a job

offer. The legal status granted by this program will last three

years and will be renewable—but it will have an end. Partici-

pants who do not remain employed, who do not follow the

rules of the program, or who break the law will not be eligible

for continued participation and will be required to return to

their home.

Under my proposal, employers have key responsibilities.

Employers who extend job offers must first make every reason-

able effort to find an American worker for the job at hand. Our

government will develop a quick and simple system for employ-

ers to search for American workers. Employers must not hire

undocumented aliens or temporary workers whose legal status

has expired. They must report to the government the tempo-

rary workers they hire, and who leave their employ, so that we

can keep track of people in the program, and better enforce

immigration laws. There must be strong workplace enforce-

ment with tough penalties for anyone, for any employer vio-

lating these laws.

Undocumented workers now here will be required to pay

a one-time fee to register for the temporary worker program.

Those who seek to join the program from abroad, and have

complied with our immigration laws, will not have to pay any

fee. All participants will be issued a temporary worker card

that will allow them to travel back and forth between their

home and the United States without fear of being denied re-

entry into our country.

This program expects temporary workers to return perma-

nently to their home countries after their period of work in the

United States has expired. And there should be financial incen-

tives for them to do so. I will work with foreign governments

on a plan to give temporary workers credit, when they enter

their own nation’s retirement system, for the time they have

worked in America. I also support making it easier for tempo-

rary workers to contribute a portion of their earnings to tax-

preferred savings accounts, money they can collect as they

return to their native countries. After all, in many of those

countries, a small nest egg is what is necessary to start their own

business, or buy some land for their family.

Some temporary workers will make the decision to pursue

American citizenship. Those who make this choice will be

allowed to apply in the normal way. They will not be given

unfair advantage over people who have followed legal proce-

dures from the start. I oppose amnesty, placing undocumented

APPENDIX A 369

workers on the automatic path to citizenship. Granting

amnesty encourages the violation of our laws, and perpetuates

illegal immigration. America is a welcoming country, but citi-

zenship must not be the automatic reward for violating the laws

of America. The citizenship line, however, is too long, and our

current limits on legal immigration are too low. My adminis-

tration will work with the Congress to increase the annual

number of green cards that can lead to citizenship. Those will-

ing to take the difficult path of citizenship—the path of work,

and patience, and assimilation—should be welcome in Amer-

ica, like generations of immigrants before them.

In the process of immigration reform, we must also set

high expectations for what new citizens should know. An

understanding of what it means to be an American is not a for-

mality in the naturalization process, it is essential to full partic-

ipation in our democracy. My administration will examine the

standard of knowledge in the current citizenship test. We must

ensure that new citizens know not only the facts of our history,

but the ideals that have shaped our history. Every citizen of

America has an obligation to learn the values that make us one

nation: liberty and civic responsibility, equality under God, and

tolerance for others.

This new temporary worker program will bring more than

economic benefits to America. Our homeland will be more

secure when we can better account for those who enter our

country, instead of the current situation in which millions of

people are unknown, unknown to the law. Law enforcement

will face fewer problems with undocumented workers, and will

be better able to focus on the true threats to our nation from

criminals and terrorists. And when temporary workers can

travel legally and freely, there will be more efficient manage-

ment of our borders and more effective enforcement against

those who pose a danger to our country.

This new system will be more compassionate. Decent,

hard-working people will now be protected by labor laws, with

the right to change jobs, earn fair wages, and enjoy the same

working conditions that the law requires for American workers.

Temporary workers will be able to establish their identities by

obtaining the legal documents we all take for granted. And they

will be able to talk openly to authorities, to report crimes when

they are harmed, without the fear of being deported.

The best way, in the long run, to reduce the pressures that

create illegal immigration in the first place is to expand eco-

nomic opportunity among the countries in our neighborhood.

In a few days I will go to Mexico for the Special Summit of the

Americas, where we will discuss ways to advance free trade, and

to fight corruption, and encourage the reforms that lead to

prosperity. Real growth and real hope in the nations of our

hemisphere will lessen the flow of new immigrants to America

when more citizens of other countries are able to achieve their

dreams at their own home.

Yet our country has always benefited from the dreams that

others have brought here. By working hard for a better life,

immigrants contribute to the life of our nation. The tempo-

rary worker program I am proposing today represents the best

tradition of our society, a society that honors the law, and wel-

comes the newcomer. This plan will help return order and fair-

ness to our immigration system, and in so doing we will honor

our values, by showing our respect for those who work hard

and share in the ideals of America.

May God bless you all.

Source: “President Bush Proposes New Temporary Worker Program.”

White House Web site, available online, URL: http://www.white-

house.gov/news/releases/2004/01/print/20040107-3.html, accessed

March 6, 2004.

370 ENCYCLOPEDIA OF NORTH AMERICAN IMMIGRATION

MAPS

1. World Political Units, 2004

2. North America, 2004

3. Early European Exploration of North America, 1492–1595

4. European Claims in North America, 1700

5. French and British Settlement in Northeastern North America, ca. 1700

6. African Slave Trade, 1619–1760

7. Ethnic and Racial Diversity in the British Colonies prior to 1775

8. Immigrant Settlement in the United States, 1860

9. Nationalities of the Austro-Hungarian Empire, ca. 1900

10. Europe, ca. 1900

11. Europe, 1923

12. Foreign-Born U.S. Population by State, 2000

GRAPHS AND TABLES

13. Old World Ethnic and Racial Groups in the British Mainland Colonies, 1700 and 1755

14. Immigrants and Their Children in U.S. Cities, 1920

15. Foreign-Born Population and Percent of Total Population for the United States, 1850–2000

16. Origin of U.S. Population by Region of Birth, Selected Years, 1850–2000

17. Foreign-Born U.S. Population by Region of Birth, 2000

18. Immigration to the United States, Fiscal Years 1820–2002

19. Immigration by Region and Selected Country of Last Residence, Fiscal Years 1820–2002

20. Ethnicity in Texas, 1850

21. Immigrant Arrivals in Canada, 1852–2002

22. Immigration to the United States from Austria-Hungary, 1861–1920

23. Country of Birth of Other British-born and the Foreign-born Population, Census Dates,

1871–1971

24. Refugees and Asylees Granted Lawful Permanent Residence Status in the United States by

Region and Selected Country of Birth, Fiscal Years 1946–2002

25. Refugees and Asylees Granted Lawful Permanent Residence Status by Region and Selected

Country of Birth, Fiscal Years 1991–2002

26. West Indian Immigrants to the United States, 1956–1995

27. Immigrants Admitted by State of Intended Residence, Fiscal Years 1988–2002

28. Refugee Arrivals in the United States by Country of Chargeability, Fiscal Years 1990–2002

29. Persons Naturalized by Region and Country of Birth, Fiscal Years 1991–2002

30. Canadian Immigration by Top 10 Source Countries, 1996–2000

31. Austrian Empire Ancestry Groups in the United States, 2000

371

Appendix B

MAPS, GRAPHS, AND TABLES

}

372 ENCYCLOPEDIA OF NORTH AMERICAN IMMIGRATION

APPENDIX B 373