Latest On IMMIGRATION TOPICS

By: Robert Gard

 

The Republicans in the House of Representatives Have Finally Issued Their “Set of Principles” to Guide Immigration Reform In June of this year, after many months of bipartisan negotiating in good faith, a bipartisan comprehensive immigration bill (S.744) was passed in the U.S. Senate by a vote of 68 – 32. That bill was then passed on to the House of Representatives for consideration, but Speaker of the House, John Boehner (R-Ohio), has refused to allow the Senate bill to come up for a vote on the House floor, even though, by most estimates, there are enough Democratic and Republican votes to pass the Senate bill in the House. There has been another bill introduced with bipartisan sponsorship (including at least three House Republicans) in the House of Representatives, HR.15, that closely mirrors the Senate bill, but without the overwrought and insanely expensive “border security” provisions (replacing those provisions with House Homeland Security Committee legislation that requires the DHS to develop a strategy to control the border within two years.) Either the Senate bill or the bipartisan house bill, HR. 15, would likely pass, and a bipartisan CIR bill could be sent to the President for his signature, but Speaker Boehner has consistently refused to let any CIR bill come up for a vote, and has instead proposed “piecemeal” legislation to deal with individual immigration issues that would most likely NOT include a pathway to citizenship for longtime resident undocumented immigrants. The Speaker of the House let all of 2013 slip away, hinting that he would re-visit the issue in 2014. Indicating that he may just be willing to take up CIR, Speaker Boehner hired a respected immigra tion consultant at the end of 2013, and promised that the House Republicans would study the issue during their mid-Winter retreat at the end of January 2014. So, now that the Republicans have returned from their spiritual retreat up Mt Olympus for renewal and divine inspiration, what have the legislative sojourners wrought? Not a draft piece of CIR legislation; not even an outline of point-by-point provisions to be included in draft legislation; but a single page of text, titled “Standards for Immigration Reform”, and the sniping within the party since those vague “Standards” were released to the public on January 31st indicates that there is little agreement within the Republican House and Senate even on these threadbare “Standards”. There is a growing fear within the Republican legislators that moving forward on these “Standards” now would depress conservative voter turn-out in the 2014 mid-term elections. “There is actually something to the premise,” said Jack Pitney, a political scientist at Claremont McKenna College. “In the long run, Republicans have to do better with Hispanic voters. But candidates don’t run in the long run — they run in the election that’s coming up. Most House Republicans do not have large Hispanic constituencies, and a decline in the base vote could cost them some otherwise winnable seats.” And as the Cook Political Report pointed out last year, of the 108 minority-majority districts in the House, Republicans represent just nine of them. The average House Republican represents a district that is 75 percent white, which may mean these congressman face little pressure from their constituents to take up the issue. The “Standards are set forth as follows:

PREAMBLE

Our nation’s immigration system is broken and our laws are not being enforced. Washington’s failure to fix them is hurting our economy and jeopardizing our national security. The overriding purpose of our immigration system is to promote and further America’s national interests and that is not the case today. The serious problems in our immigration system must be solved, and we are committed to working in a bipartisan manner to solve them. But they cannot be solved with a single, massive piece of legislation that few have read and even fewer understand, and therefore, we will not go to a conference with the Senate’s immigration bill. The problems in our immigration system must be solved through a step-by-step, commonsense approach that starts with securing our country’s borders, enforcing our laws, and implementing robust enforcement measures. These are the principles guiding us in that effort.

Border Security and Interior Enforcement Must Come First

It is the fundamental duty of any government to secure its borders, and the United States is failing in this mission. We must secure our borders now and verify that they are secure. In addition, we must ensure now that when immigration reform is enacted, there will be a zero tolerance policy for those who cross the border illegally or overstay their visas in the future. Faced with a consistent pattern of administrations of both parties only selectively enforcing our nation’s immigration laws, we must enact reform that ensures that a President cannot unilaterally stop immigration enforcement.

Implement Entry-Exit Visa Tracking System

A fully functioning Entry- Exit system has been mandated by eight separate statutes over the last 17 years. At least three of these laws call for this system to be biometric, using technology to verify identity and prevent fraud. We must implement this system so we can identify and track down visitors who abuse our laws.

Employment Verification and Workplace Enforcement

In the 21st Century, it is unacceptable that the majority of employees have their work eligibility verified through a paper based system wrought with fraud. It is past time for this country to fully implement a workable electronic employment verification system.

Reforms to the Legal Immigration System

For far too long, the United States has emphasized extended family members and pure luck over employment-based immigration. This is inconsistent with nearly every other developed country. Every year thousands of foreign nationals pursue degrees at America’s colleges and universities, particularly in high skilled fields. Many of them want to use their expertise in U.S. industries that will spur economic growth and create jobs for Americans. When visas aren’t available, we end up exporting this labor and ingenuity to other countries. Visa and green card allocations need to reflect the needs of employers and the desire for these exceptional individuals to help grow our economy. The goal of any temporary worker program should be to address the economic needs of the country and to strengthen our national security by allowing for realistic, enforceable, usable, legal paths for entry into the United States. Of particular concern are the needs of the agricultural industry, among others. It is imperative that these temporary workers are able to meet the economic needs of the country and do not displace or disadvantage American workers.

Youth

One of the great founding principles of our country was that children would not be punished for the mistakes of their parents. It is time to provide an opportunity for legal residence and citizenship for those who were brought to this country as children through no fault of their own, those who know no other place as home. For those who meet certain eligibility standards, and serve honorably in our military or attain a college degree, we will do just that.

Individuals Living Outside the Rule of Law

Our national and economic security depend on requiring people who are living and working here illegally to come forward and get right with the law. There will be no special path to citizenship for individuals who broke our nation’s immigration laws – that would be unfair to those immigrants who have played by the rules and harmful to promoting the rule of law. Rather, these persons could live legally and without fear in the U.S., but only if they were willing to admit their culpability, pass rigorous background checks, pay significant fines and back taxes, develop proficiency in English and American civics, and be able to support themselves and their families (without access to public benefits). Criminal aliens, gang members, and sex offenders and those who do not meet the above requirements will not be eligible for this program. Finally, none of this can happen before specific enforcement triggers have been implemented to fulfill our promise to the American people that from here on, our immigration laws will indeed be enforced. While no one could be faulted for believing that the Republican Party simply lacks the political will to pass anything resembling reasonable CIR legislation, it seems more likely that a significant number of Republican legislators simply don’t trust President Obama to enforce the restrictive measures that they would be willing to pass, and many Republican legislators have stated that they will not advance a bill until President Obama leaves the White House. The fact that Obama has consistently ramped up the enforcement machinery to remove nearly 2 million mothers and fathers, has ramped-up border security and the removal machinery to the point where there is about $18 Billion per year spent on immigration enforcement, and a net decrease in the number of illegal border crossers, the anti-immigrant caucus is not impressed. One wonders what “enough enforcement” would look like to these folks. Others believe that the Republicans will win the Senate in 2014 or even the Presidency in 2016, so they see no urgency to move on legislation that could provide “a path to citizenship” for people who are expected to eventually vote for candidates from the Democratic Party. Keep in mind that CIR was torpedoed by House and Senate Republicans in the years from 2005 – 2007, when the Republicans had a Republican President who favored responsible CIR legislation, so the stars may never properly align, as far as some of the Republican legislators are concerned, and they sure will not align to the point where Republicans control the Senate, House and White House, without passing some form of reasonable CIR.

COPYRIGHT BY AUTHOR — 2014 This article is designed to provide accurate and authoritative information in regard to the subject matter covered. It is published and distributed with the understanding that the publisher is not engaged in rendering legal, accounting or other professional service. It is submitted for publication by the author with the understanding that each individual case is different, and this article is not a formal legal opinion and should not be relied upon as advice by the author in a particular legal situation. Mr. Gard has been engaged in the practice of immigration law since 1977. He is a frequent writer and lecturer in the American Immigration Lawyers Association and has served that professional organization as a Chapter Chair of the Greater Chicago Chapter, and as a Director. Written questions may be submitted to Mr. Gard. At his discretion, selected questions or issues may be addressed in subsequent articles.