August 2009 Archives

Some good news out of the White House on the topic of comprehensive immigration reform.  Over the past few months, many immigration advocates had begun to lose faith in the Obama administration's commitment to reforming our current immigration system.  I, myself, had become concerned with the direction that the administration was moving in after reading a New York Times article on current policies being asserted by the Department of Homeland Security.  However, a recent meeting between White House officials and key interest groups concerned with the country's immigration system has re-affirmed the administration's commitment to immigration reform. 

There are a few key points from the meeting that I feel are worth mentioning.  The first, and perhaps most important piece of news, is that Obama aide Nick Shapiro actually came out and stated that immigration reform will be pursued this year.  Recently, it had been widely speculated and acknowledged that immigration reform would be postponed until next year, taking a back seat to the current health care debate.  I firmly believe that it would be unwise to delay attacking the currently flawed immigration system, as it has been documented that immigration reform could potentially help kickstart the nation's struggling economy. 

Another aspect of the meeting that is noteworthy is the diverse set of groups that were in attendance.  The interests that were represented at the meeting can be divided into 5 groups: law enforcement officials, labor representatives, business leaders, immigration advocates and the faith-based community.  While much can be made of the measures that should be included in immigration reform legislation, the most important issue is that the legislation drafted must have a chance at passing through Congress.  The only way that immigration reform legislation will have a shot at passing is if input is sought from all groups that have an interest in new policies.  Providing an opportunity for groups like law enforcement and business leaders to reconcile differences with the immigration advocacy community is the best way to achieve consensus and compromise, and to put forth a bill that Congress will pass. 

News of this meeting is an encouraging sign for those who had been disheartened by current DHS policies. 

For answers to your immigration questions and problems, please contact us at www.portnerandshure.com

For information on the new report published by the Cato Institute describing the potential positive outcomes of providing undocumented workers with a path to legal status, please visit our website at www.portnerandshure.com.

I read an interesting article recently in the New York Times documenting the evolution of the Obama administration's immigration policy. 

The majority of activity by the administration has involved toughening enforcement measures against undocumented aliens.  Janet Napolitano and the Department of Homeland Security (DHS) have expanded a number of programs designed to assist in identification of the undocumented.  One program that DHS has pushed hard over recent months is the E-Verify program.  E-Verify is a program that is designed to allow employers to identify the immigration status of prospective employees prior to hiring.  Proponents of expansion of this program point to the fact that over the past year only 0.3% of 6.4 million E-Verify checks have lead to false denials of jobs.  However, opponents believe that the program is loaded with inaccuracies, and point out that the 0.3% false denial rate still means that 19,000 U.S. citizens and prospective employees have been denied a job under false pretenses.  Other recent activity by DHS has included promotion of programs designed to increase cooperation between Federal and State authorities, and prosecution of immigration violators at higher levels than in years past. 

While DHS has worked hard to stiffen enforcement, little to no progress has been made toward providing the millions of undocumented aliens currently in the U.S. with a path to securing legal status.  The other side of the equation in fixing our broken immigration system is to grant undocumented aliens a discerable path to legal status, so that enforceable wage and labor standards can apply to all workers in the U.S.  Without the creation of a path to legal status for undocumented aliens, the American worker will continue to suffer as employers exploit undocumented laborer for wages far below our minimum standards.  Enforcement measures are critical in solving the immigration crisis, but enforcement measures should target employers who continually employ the undocumented and avoid paying their workforce a fair wage. 

An added benefit of creating a path to legal status for undocumented aliens is that the government would see a large increase in tax revenue.  Allowing the undocumented a way to become legal gives the government the right to regulate them in a fair manner.  The Obama administration has taken some noticeable actions regarding our immigration policy thus far, but until the importance of a path to legal status is understood, our immigration system will still be a broken one.  Here's hoping that heightened enforcement will be complemented with providing the undocumented a way to get legal in the near future.

For answers to your immigration questions, please visit our website at www.portnerandshure.com.    

For information on the recent USCIS memo clarifying how an I-751 Petition filed prior to the termination of a marriage will be adjudicated, please visit our website at www.portnerandshure.com

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