Citizenship and U.S. Immigration: Week Four
Citizenship and U.S. Immigration: Week Four
Lecture Six: U.S. Immigration Reform Photo credit: Arasmus Photo, wiki commons
Recent immigration reform attempts: • 2004-2007: President Bush pushed for immigration reform, including a guestworker program. • 2010: Comprehensive immigration reform bill was sidelined in Congress. • DREAM Act passed in the House of Representatives but failed by 4 votes to overcome a Senate filibuster. • State laws – some constitutional, some not (e.g. Arizona SB 1070).
Deferred Action Criteria: A Presidential DREAM Act • Two year “reprieve” available to any person who • arrived in the United States while under the age of 16 • has continuously resided in the United States for at least the preceding five years and was present in the U.S. on the date of the memorandum by Secretary of Homeland Security Janet Napolitano announcing deferred action • is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the U.S. Coast Guard or Armed Forces • has not been convicted of a felony, a significant misdemeanor, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety, and • is not above the age of 30.
Current proposals: • No change in asylum and refugee provisions. • No change in the grounds for inadmissibility or the grounds for deportation. • Enhanced border security; visa exit system; more enforcement resources for detention and deportation. • Elimination of the Diversity Visa lottery, to reallocate 50,000 visas per year to other visa categories.
Current proposals: • Broader employment opportunities for foreign workers. • But US employers must pay foreign workers above the prevailing wage, and labor shortage certification requirements will continue. • All employers would be required to use the federal E-Verify system.
Current proposals: • More visas available for close family members to address the current backlog, by eliminating immigration categories for more distant relatives. • Some undocumented agricultural workers and some people brought to the U.S. as children could get green cards in five years.
Current proposals: • After specified border security measures are in place, undocumented aliens could register for “provisional legal status,” allowing those who have lived in the U.S. since Dec. 31, 2011, to work for any employer and travel outside the U.S. • But these persons would not be eligible for federal benefit programs. They would be required to pay a $500 penalty, assessed taxes and a processing fee. Aliens would be disqualified if convicted of a felony or three misdemeanors, among other grounds.
Current proposals: • Undocumented aliens cannot receive permanent residency status until the Homeland Security secretary and other officials declare the border goals to have been met. However, the bill also says undocumented aliens who have registered can apply for permanent status after 10 years (with payment of penalty).
Predicting the future? • Passage in the Senate of the bi-partisan bill is uncertain. • The House of Representatives will not consider the bill until later in 2013. • House members have already said that they will consider the major provisions separately. • Some states will continue to enact immigration measures, with uncertain constitutionality.
Lecture Six: U.S. Immigration Reform Photo credit: Arasmus Photo, wiki commons
Recent immigration reform attempts: • 2004-2007: President Bush pushed for immigration reform, including a guestworker program. • 2010: Comprehensive immigration reform bill was sidelined in Congress. • DREAM Act passed in the House of Representatives but failed by 4 votes to overcome a Senate filibuster. • State laws – some constitutional, some not (e.g. Arizona SB 1070).
Deferred Action Criteria: A Presidential DREAM Act • Two year “reprieve” available to any person who • arrived in the United States while under the age of 16 • has continuously resided in the United States for at least the preceding five years and was present in the U.S. on the date of the memorandum by Secretary of Homeland Security Janet Napolitano announcing deferred action • is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the U.S. Coast Guard or Armed Forces • has not been convicted of a felony, a significant misdemeanor, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety, and • is not above the age of 30.
Current proposals: • No change in asylum and refugee provisions. • No change in the grounds for inadmissibility or the grounds for deportation. • Enhanced border security; visa exit system; more enforcement resources for detention and deportation. • Elimination of the Diversity Visa lottery, to reallocate 50,000 visas per year to other visa categories.
Current proposals: • Broader employment opportunities for foreign workers. • But US employers must pay foreign workers above the prevailing wage, and labor shortage certification requirements will continue. • All employers would be required to use the federal E-Verify system.
Current proposals: • More visas available for close family members to address the current backlog, by eliminating immigration categories for more distant relatives. • Some undocumented agricultural workers and some people brought to the U.S. as children could get green cards in five years.
Current proposals: • After specified border security measures are in place, undocumented aliens could register for “provisional legal status,” allowing those who have lived in the U.S. since Dec. 31, 2011, to work for any employer and travel outside the U.S. • But these persons would not be eligible for federal benefit programs. They would be required to pay a $500 penalty, assessed taxes and a processing fee. Aliens would be disqualified if convicted of a felony or three misdemeanors, among other grounds.
Current proposals: • Undocumented aliens cannot receive permanent residency status until the Homeland Security secretary and other officials declare the border goals to have been met. However, the bill also says undocumented aliens who have registered can apply for permanent status after 10 years (with payment of penalty).
Predicting the future? • Passage in the Senate of the bi-partisan bill is uncertain. • The House of Representatives will not consider the bill until later in 2013. • House members have already said that they will consider the major provisions separately. • Some states will continue to enact immigration measures, with uncertain constitutionality.
