Obama Immigration Plan vs. 'Gang of Eight': How They Differ

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Immigration Reform: Obama Unveils His Plan

Seeking swift action a day after a group of influential senators unveiled their own proposal, President Obama unveils his own vision on how to overhaul the country's immigration system.

President Barack Obama laid out his plan for comprehensive immigration reform Tuesday that largely mirrored an immigration proposal unveiled by a bipartisan group of senators a day earlier – with some important differences.

Both plans agree on the same four core principles for comprehensive immigration reform: strengthening border security, create an employee verification system, a pathway to citizenship, and fixing the legal immigration system.

But here is how they differ:

Pathway to Citizenship
The most striking difference between them is how to get an estimated 11 million undocumented immigrants already in the United States on the pathway to citizenship.

The Senate plan, presented by eight U.S. Senators, known as the 'Gang of Eight,' creates a pathway to citizenship for undocumented immigrants already in the United States that would begin only after increased border security measures are increased. A commission of lawmakers and border-state community leaders would assess when security measures are completed.

Obama's plan stresses that the pathway to citizenship should begin as quickly as possible – and should not be contingent on the completion of more stringent border security measures.

U.S. Senator Marco Rubio (R-FL), a member of the ‘Gang of Eight,’ says he will not support Obama’s bill if the pathway to citizenship is not directly tied to better border security.

“If, in fact, this bill does not have real triggers in there, if there is not language in this bill that guarantees that nothing else will happen unless these enforcement mechanisms are in place, I won’t support it,” Rubio told conservative radio talk show host Rush Lambaugh on Tuesday.

Same Sex Couples

Another difference is over how to deal with same-sex couples.

The senate deal does not include a provision allowing sponsorship of a same-sex partner.

Obama's deal allows U.S. citizens and permanent residents to sponsor a visa for same-sex partners.

Members of the immigrant LGBTQ community have asked Obama to use his executive power to halt the deportation of undocumented immigrants while immigration reform is being debated.

“We need President Obama to show real and tangible leadership on immigration issues, and to immediately call for a moratorium on deportations. Hundreds of thousands of LGBT immigrants like myself would benefit from that call in enormous ways while we wait for Congress to act," said Felipe Sousa-Rodriguez, National Field Director for GetEQUAL, and a beneficiary of the Deferred Action for Childhood Arrivals program instituted by Obama last year.

Agricultural Worker Program

The Senate deal lays out a proposal for a program that allows the agricultural industry in the United States to hire low skilled jobs that Americans don’t want to do. The program would offer strong labor protections and would offer green cards to those who are successful over many years in the United States.

Obama's plan does not include a specific program for agricultural workers.

Below is a breakdown on both plans:

PATH TO CITIZENSHIP
Senate:
— Create a path to citizenship for an estimated 11 million undocumented immigrants already in the country, but not until increased border security measures are completed.
— Create a commission of lawmakers and border-state community leaders to make a recommendation about when security measures are completed.
— While security measures are under way, undocumented immigrants can register, pass background checks and pay fines and back taxes to earn "probationary legal status."
— Once security measures are in place, immigrants on "probationary legal status" could apply for permanent residency behind other immigrants already in the system after they prove their employment history and learn English and civics.
Obama:
— Create a path to citizenship for an estimated 11 million undocumented immigrants, with "provisional legal status" and a green card as intermediary steps, regardless of whether border security measures are completed.
— Undocumented immigrants can earn "provisional legal status" by registering, passing background checks and paying fees and penalties.
— Immigrants on "provision legal status" could get in line for permanent residency behind other immigrants already in the system.
— Five years after receiving permanent residency, immigrants can apply for citizenship.

BORDER SECURITY
Senate:
— Add unmanned drones, surveillance equipment and more agents at and between ports of entry.
— Create an entry-exit system to track whether people in the U.S. on temporary visas have left as required.
Obama:
— Improve infrastructure at ports of entry and use public-private partnerships to boost investment in technology for foreign visitor processing.
— Create new criminal penalties for those who smuggle people, drugs, weapons or money across the border and crack down on passport and visa fraud.
— Deport convicted criminals at the end of their prison sentences and streamline the process for removing those who overstay their visas or pose a national security threat.

YOUNG IMMIGRANTS
Senate:
— People brought to the U.S. as children would have a quicker path to citizenship.
Obama:
— People brought to the U.S. as children would have same path to citizenship, but could expedite that path by attending college or serving for two years in the military.

LEGAL IMMIGRATION
Senate:
— Reduce backlogs in family and employment visas.
— Allow more lower-skilled immigrants to come to the country when the economy is creating jobs than when it's not.
— Permit workers who have succeeded in the workplace and contributed to their communities over years to earn green cards.
— Create an agricultural worker program and allow employers to hire immigrants if they can demonstrate that American workers aren't available.
Obama:
— Raise the annual cap for how many family-sponsored immigrants can come from any given country from 7 percent to 15 percent.
— Temporarily increase annual visa numbers by an unspecified amount.
— Create "startup visa" for job-creating entrepreneurs and expand visa opportunities for those who invest in the U.S.
— Allow greater flexibility to add countries to the visa waiver program for tourists and let the State Department waive interview requirements for very low-risk visitors.

HIGHLY SKILLED IMMIGRANTS
Senate:
— Award green cards to immigrants who obtain advanced degrees in science, technology, engineering or math from American universities.
Obama:
— Award green cards to immigrants who obtain advanced degrees in science, technology, engineering or math from American universities.
— Create a new visa category for highly skilled immigrants to work in federal science and technology labs on national security programs after being in the U.S. for two years and passing background checks.

SAME-SEX COUPLES
Senate:
— Does not include a provision allowing sponsorship of a same-sex partner.
Obama:
— Allows U.S. citizens and permanent residents to sponsor a visa for a same-sex partner.

AGRICULTURAL WORKERS
Senate:
— Farm workers in the country illegally would have a quicker path to citizenship.
Obama:
— Farm workers in the country illegally would have the same path to citizenship.

EMPLOYMENT VERIFICATION
Senate:
— Create a nonforgeable electronic system for requiring prospective workers to demonstrate legal status and identity.
— Stiff fines and criminal penalties for employers who knowingly hire undocumented immigrants.
Obama:
— Create a fraud-resistant Social Security card and create nonforgeable documents for those without Social Security cards.
— Increase penalties for employers who knowingly hire undocumented immigrants.
— Over five years, phase in mandatory electronic employment verification, with exemptions for some small businesses.

The Associated Press contributed to this report.