Here’s an e-mail from Kerrie Rushton of the White House responding to, and clarifying, something I wrote the other day:

This is wrong. Applying for Z status is NOT merely an option. Illegal immigrants may not even obtain probationary status without applying for the Z visa. And the bill is very clear that probationary status is valid only so long as the application for the Z visa is pending. Once the application is adjudicated, the probationary status terminates, and it is “up or out”: the illegal immigrant must transition to a Z visa (if he is granted that opportunity) or leave the country. The removal process will still be carried out by Immigration and Customs Enforcement (ICE). However, there are several improvements over the status quo embedded in the bill: First, for aliens whose applications are rejected because they are criminals, frauds, terrorists, and so on, immigration authorities will be able to use any information in the application to hunt down the alien. There are stronger deterrents to remaining unlawfully, as the bill imposes a 10-year mandatory minimum bar on returning to the U.S. for those here unlawfully (compared with a 3-year minimum today). Furthermore, aliens will be part of a significantly smaller pool of illegals in the country — a smaller pool that will be much easier for the immigration authorities to identify. Finally, aliens here unlawfully will not be able to be verified for work and employers will face much stronger penalties if they employ illegal workers. All employers will be required to use EEVS for new hires, and DHS records will unequivocally show that these individuals are not eligible to work. EEVS will verify document validity and help identify document fraud. Employers will have a lawful avenue to hiring lawful workers. Those who nonetheless try to hire illegal workers will face significant fines, as high as $75,000 per illegal worker for repeated offenders. And let’s just go over, once again, the requirements in order to obtain a Z visa: pay a $1,000 fine for head of household and $500 per dependent; pay up to $1,500 in processing fees; pay $500 state impact assistance fee; pass a background check on criminal and security history; show employment; and agree to meet accelerated English and civics requirements.
It’s also important to note a Z visa is not a green card or citizenship – recipients have no access to government benefits and they can be deported for crime.
Granted, a Z visa holder may opt not to apply for a green card. However, if such a person wishes to remain in the country under their Z visa indefinitely, they would still have to renew the visa every four years. Renewing the Z visa means more processing fees. Over time, an alien who remains in Z status for life will pay several thousand dollars – as much as or more than the $4,000 fine for obtaining a green card, depending on how long the alien lives.