An accumulation of restrictive legislation and strict enforcement policies resulted in an unprecedented surge in border apprehensions even though migration had stabilized, sparking public outrage and fueling conservative populism and xenophobia. This inflamed public opinion further and contributed to their growth.
The Biden administration has introduced comprehensive immigration reform proposals that would offer millions of undocumented immigrants a pathway to citizenship, update family-based visa rules, revise employment-based visa policies and enhance diversity visa programs.
DACA Updates and Pathway to Citizenship
As Congress struggles to craft an immigration policy solution, the Obama administration is taking measures to limit unlawful migration and open legal pathways – including addressing visa application backlogs which often force individuals to wait years before legally entering the US.
The administration is making it easier for those fleeing gang violence and natural disasters in other countries to find refuge here in the US, while offering expanded parole processes to allow more noncitizens permanent residency status. Together these changes should reduce incentives to illegal entry while increasing access to education, health care and essential government benefits.
Even amid uncertainty created by federal administration actions, Dreamers and other immigrants continue to contribute significantly to US economy. 6 out of 10 Dreamers are employed and pay $13 billion in federal, state, and local taxes each year; their presence is widely supported across both parties with 8 in 10 voters (including majority Republicans) supporting a pathway for Dreamers towards citizenship. American Immigration Council stands ready to assist lawmakers pass laws which enable Dreamers to reach their full potential within our society.
Border Security Measures and Enforcement
The Biden Administration’s approach to migration management centers around strengthening border security, encouraging people to use legal pathways when entering the United States, and addressing root causes. This involves rebuilding relationships with key partners across Western Hemisphere countries; securing commitments from 20 leaders at Los Angeles Declaration on Migration and Protection to control people flow; expanding legal pathways that support orderly migration; and expanding and expediting them as quickly as possible.
Additionally, the Administration is allocating resources to address a historically high immigration benefits backlog, reduce deported individuals who do not qualify to return, and improve refugee processing in order to meet President Trump’s goal of admitting 125,000 refugees during fiscal 2018. Introducing asylum processing improvements will allow us to fulfill our humanitarian responsibilities while safeguarding those seeking shelter from dangerous conditions in their home countries.
As part of its strategy, the Administration has taken measures to strengthen border security by increasing Border Patrol agents and increasing joint Mexico-U.S. enforcement against human smugglers and criminal networks that exploit migrants. Furthermore, weekly flights that remove individuals who do not meet admissibility criteria have dramatically increased and expedited removal is now increasingly used as well as expedited removal procedures are intensified.
Refugee Resettlement Adjustments
Since the mid-1980s, Congress has passed multiple pieces of immigration legislation designed to decrease legal migration. For instance, in 1996 the Illegal Immigration Reform and Immigrant Responsibility Act authorized deportations without hearing, limited resident visa allocation annually to 720,000 per year and required sponsors of legal immigrants to submit an affidavit of support that demonstrated household incomes greater than 125 percent of federal poverty level (IPRA).
In 1965, Congress made an attempt to rid immigration laws of their racist legacy by replacing national origin-based quotas with a preference system awarding residence visas based on family reunification and labor force needs – shifting most immigrants away from Northwestern Europe as sources. Unfortunately, however, citizen relatives still enjoyed an exemption quota exemption, leading more families toward defensive naturalization through defensive naturalization procedures.
The Refugee Protection Act of 2022 seeks to lessen the incentives that lead individuals to flee their homes, risk their safety, and risk death at sea in search of asylum by offering renewable two-year grants of protection from deportation, work permits and identity documents. Refugees are identified through referrals from UN High Commissioner for Refugees offices or nongovernmental organizations and undergo multiple security screenings and background checks that typically last 18-24 months before receiving final clearance to go back into society.
Legal Immigration Reforms
Comprehensive immigration reform bills will likely include a “Dignity Program” to provide earned legal status to individuals who register with the government, undergo background checks and fulfill various conditions. Over a seven-year period, participants could earn citizenship or lawful permanent resident status (obtain a green card) by learning English, keeping tax payments up to date, passing criminal background checks, paying fines or fees and learning English.
This program would also expand refugee admissions and preserve deportation relief for undocumented immigrants who came to America as children, without enforcing the public charge rule denying green cards to individuals who might use certain public benefits such as Medicaid. Furthermore, this bill would lift caps on a visa category that grants permanent residency to scientists and engineers with advanced degrees from American universities, while streamlining access to green cards via an immigrant investor program for people of extraordinary ability.
The bill would address due process issues raised after mass arrests at an Iowa meatpacking plant brought into focus the inequities of an enforcement-driven immigration system and repeated deaths of migrants detained for immigration purposes. Furthermore, it would reform the Board of Immigration Appeals so it is more transparent while increasing diversity of experience for judges.
Temporary Protected Status
The Biden administration has reversed some of Trump’s restrictions on immigration, such as increasing refugee admissions and maintaining deportation relief for immigrants who entered as children. Furthermore, they converted family visas to employment visas; and removed a rule which prevented noncitizens who use public benefits like Medicaid from becoming lawful permanent residents (also known as green card holders).
Additionally, Homeland Security has expanded TPS for people from countries facing extreme conditions – such as Haiti, El Salvador and Nicaragua – such as Haiti. President Trump and his administration have attempted to end TPS protections for thousands of immigrants from El Salvador, Honduras and Haiti but their attempts have been hindered by both immigration lawsuits filed by immigrants as well as political pressure.
TPS recipients may apply for citizenship three years after receiving their green card through TPS, one year sooner than those receiving it through other channels. Congress should pass a large, bipartisan immigration bill which provides TPS holders a pathway towards citizenship; otherwise, the Supreme Court is set to hear arguments on their status being taken away without due cause in 2021.
Public Charge Rule Revisions
Under the Trump Administration, immigration officials began applying a “public charge” test when making decisions on visa or Lawful Permanent Resident (LPR) status applications. This test assesses whether or not noncitizens would likely become heavily reliant upon government aid such as cash benefits or long-term institutionalization at taxpayer expense.
Immigration officers’ new policy of taking into account several factors to assess a person’s likelihood of needing government aid caused considerable fear and confusion among immigrants, leading some to forgo benefits they were eligible for out of fear that they might cause their applications for immigration status to be denied or delayed.
In November 2020, a district court judge issued a ruling overturning the frequently amended public charge rule. He found that its implementation violates both the Administrative Procedure Act and Congress’s statutory authority; for now, USCIS is applying the old rules outlined in its 1999 interim field guidance until further notice. ILCM will remain closely monitoring this situation and providing updates as new developments unfold.
Employment-Based Immigration Policies
United States immigration policies do not reflect a deep knowledge of the factors driving international migration; rather, they reflect popular fears and anxieties coupled with nationalist ideology and conservative economic beliefs (Timmer & Williamson 1998; Meyers 2004).
Current immigration rules of 140,000 employment-based green cards annually has created backlogs affecting millions of individuals waiting legally to work in the US. A system should be put into place that attracts and retains skilled labor to address historic labor demand in America.
Congress should also enact legislation to eliminate per-country caps, which prevent immigrants from any one country from controlling the flow of permanent residents into the U.S. Instead, adopt a points-based immigration model similar to some countries with awards given for educational achievement, work experience, entrepreneurship skills development, English language ability proficiency, age family connections or any other qualifications that meet U.S. immigration criteria.
The United States must also decrease deportations rates and create an easier pathway to citizenship for unauthorized immigrants and refugees, while also encouraging their integration and civic participation through funding community-based organizations, universities, not-for-profits and local governments that improve access to education and increase English-language instruction.
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