President Obama dedicated significant attention to immigration reform in his State of the Union address last night. To set the tone, he introduced the issue by tying it to the economy:
Our economy is stronger when we harness the talents and ingenuity of striving, hopeful immigrants. And right now, leaders from the business, labor, law enforcement, and faith communities all agree that the time has come to pass comprehensive immigration reform.
Because border security and the “enforcement first” mentality has historically impeded us from moving the immigration debate forward, the president then made the case that the border is already secure. He pointed to his administration’s track record of “putting more boots on the southern border than at any time in our history and reducing illegal crossings to their lowest levels in 40 years.”
On the question of the 11 million undocumented people in the United States, the president outlined what a responsible, earned path to citizenship would include:
…passing a background check, paying taxes and a meaningful penalty, learning English, and going to the back of the line behind the folks trying to come here legally.
The problem with “going to the back of the line,” however, is that it could last decades, even longer than a lifetime, for many aspiring citizens who are already part of our schools and communities. While the president did address the need to cut waiting times and reduce bureaucracy, Congress must increase the availability of green cards to make “the line” practical and fair. (Read more about NAFSA’s specific recommendations on green cards at www.nafsa.org/113thcongress.)
Before moving on to other economic issues in his address, the president signaled the urgency for immigration reform.
Send me a comprehensive immigration reform bill in the next few months, and I will sign it right away and America will be better for it.
Sitting in the federal building between immigration hearings today. I can verify that Obama has increased border security and deportations are way up under his administration. Practicing in the state with the largest U.S./Mexico border, I can say I rarely see any clients who entered without inspection after 2008–particularly since 2010. I also saw about 8 people take voluntary departure this morning–all of whom claimed U.S. citizen wife’s and/or children. They’ll be departs on or before June 13, 2013, and without luck and good lawyering, they will be separated from their families before immigration reform ever happens.
Also, immigrants only have to “wait in line” if they are not immediate relatives–e.g. adult or married children, siblings petit nine for siblings. For minor children, spouses, or parents of U.S. citizens, there is no line whatsoever and the process only takes a matter of months. The real problem that is never discussed with the public is the bars. The 3/10 and permanent bars prevent people who are already in line from being able to get their visa–green card. The interesting thing is that to get “in line” you just line an I-130 Petition. You can do that and still be anywhere in the world–including in the U.S. legally illegally or legally. The real problem is people here in the U.S. who are “in line” cannot go home to the consulate for the green card interview because as soon as they the U.S. border, the 10 year bar clamps down. Then, they have to apply for an I-601 waiver for being in the U.S. for more than 1 year without status. That waiver, historically, takes about a year–and most are not approved. So, people can’t come back for 10 years because of the bars–not because of “lines.” It isn’t that they “have to get back in line.” It’s the bars.
Previously section 245(i) allowed people to pay a $1000 fine if their citizen or Legal Permanent Residence spouse had filed an I-130 petition. If the petition was approved, instead of having to leave the U.S. and triggering the bars, the immigrant with the approved petition was allowed to pay a $1000 fine and adjust status in the U.S., so they could become Legal Permanent residents without trigger the bars and, therefore, without the need for an I-601 extreme hardship waiver, which many simple don’t have horrible enough lives to warrant approval by USCIS under current legal standards.
So while “comprehensive” reform might help a wider group of people, simply reinstating 245(i) of the INA and allowing the payment of a fine, as they didn’t 12 years ago, would help the vast majority of immigrants. Nothing more complex is needed with regard to family immigration–business immigration is another beast. It’s just that wit the bars as they currently stand, people here without papers are punished FOR LEAVING the U.S., but they also don’t qualify to get out of line and be interviewed for that visa petition mom filed for them in 1994. They, instead, have to live in limbo.
Good blog post! It’s great that you are so plug into the issue. I just have three hours between hearings, so wanted to add the above. Since it is now cool to talk about immigration reform (yeeeaaaayyy), I like to educate and add to the discussion, as most people don’t even know the Visa Bulletin or LPR status exists.
http://travel.state.gov/visa/bulletin/bulletin_5885.html