Res. No. 474

Resolution calling upon the United States Congress to enact, and the President to sign, the Safe, Orderly, Legal Visas and Enforcement (SOLVE) Act of 2004 in order to provide meaningful and fair immigration reform.

By Council Members Rivera, Barron, Clarke, Comrie, Monserrate, Palma, Seabrook and Stewart

                     Whereas, The United States of America is a nation that was built, and continues to be reinvigorated, by immigrants from all over the globe who come here seeking a better life and to contribute in countless ways to our nation; and

                     Whereas, It is universally recognized that our immigration system is in dire need of reform to address the needs of both workers and businesses and create a fair system that encourages respect for the law; and 

Whereas, The SOLVE Act of 2004 would comprehensively reform the nation’s immigration policy by legalizing hardworking immigrants, providing a means to reunite the families of immigrants, reform the temporary worker system and strengthen worker protections; and

Whereas, The SOLVE Act would allow for the legalization of immigrants, as well as their  immediate families, regardless of undocumented status, who have been in the country for five or more years, can demonstrate two years of employment and  have paid all taxes owed; and

Whereas, The Act also provides for transitional status for those immigrants who have not yet met the five-year residence and two-year work requirements, whereby such persons would be eligible for adjustment of their status upon meeting those requirements; and

Whereas, Additionally, the Act would provide for the timely reunification of families by exempting immediate relatives from the current law’s cap on family-based immigrant visas; and  

Whereas, Provisions of the Act would also reform the current temporary worker system through the creation of a fair temporary worker program that provides legal visas, family reunification, labor rights and labor mobility for temporary workers, as well as a means to obtain permanent legal status; and

Whereas, Furthermore, the Act would provide protections to immigrant workers by repealing the Hoffman decision, which prevents undocumented workers from receiving back pay even when they prevail in legal challenges against employers, preventing the government from using information on immigration status acquired during labor investigations, increasing penalties against employers who have committed certain labor violations and providing stays of removal for undocumented workers involved in unfair labor disputes; and

Whereas, Supporters of the Act maintain that the proposed legislation will encourage legal immigration through the provision of an orderly and transparent mechanism to obtain legal status in the United States and promote security through requirements for background checks before work permits are issued; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the United States Congress to enact, and the President to sign, the Safe, Orderly, Legal Visas and Enforcement (SOLVE) Act of 2004 in order to provide meaningful and fair immigration reform.