The Comprehensive Immigration Reform: The Wait Continues

Posted on by Ruby Powers in immigration bill, Immigration Law, Legislative Reform, pathway to citizenship Leave a comment

The Comprehensive Immigration Reform: The Wait Continues  

The wait for a Comprehensive Immigration Reform (CIR) has been long and is not quite over. President Obama has promised to make it a priority for his second term and both sides have finally agreed to negotiate possibilities of relief for unlawfully present immigrants in the US. Yet still, we are nowhere near a concrete comprehensive reform. It could be a long time before we see a detailed final version for it to pass and even longer before it is implemented and we don’t even know what it will look like.

The immigration reform proposals are vague and imprecise. Many questions are unresolved in regards to the legalization portion of the plan. We do not know how complex the process will be, the qualifications for admissibility, if there will be fines, the overall costs, etc. Most importantly, once enacted, we do not know how long the process will take. Because all cases and time frames are different, this could take many years and a lot longer than expected. Overall, there is only one thing we are certain about: the Comprehensive Immigration Reform is only in its beginning stage.

In the midst of uncertainty, the smart thing to do is to focus on what we do know and what we do have, the Provisional Waiver. Unlike the CIR, the waiver rules are clear certain and will begin accepting applications on March 4th, 2013. We have concrete dates for its implementation; we know the costs, the requirements and the results. We do not know what to expect of the CIR and rather than waiting around for answers we should take action, move forward and focus on what we know works.

The Law Office of Ruby L. Powers specializes strictly on immigration law with a particular focus on family-based immigration and I-601/I-601A waivers. Contact us to make a consultation and discuss your particular case.

Daniella Romero (Ruby L.Powers Law)

 

 

 

 


President Obama: Get immigration reform done by summer

Posted on by Ruby Powers in immigration bill, Immigration Law, Immigration Trends, Legislative Reform Leave a comment
President Obama: Get immigration reform done by summer
By: Jennifer Epstein
January 30, 2013 06:52 PM EST
President Barack Obama hopes to see Congress to pass a major immigration reform bill by early summer, he said Wednesday, as he blamed resistance on Capitol Hill for the failure to get the reforms done during his first term.

“I’m not a king,” he told Telemundo, as he followed up on his Tuesday trip to Las Vegas to unveil his proposals for reform with interviews with Spanish-language television networks. “You know, my job as the head of the executive branch ultimately is to carry out the law. And, you know, when it comes to enforcement of our immigration laws we’ve got some discretion. We can prioritize what we do. But we can’t simply ignore the law.”

Obama took executive action last year to change the federal enforcement of immigration laws, helping young adults avoid deportation if serving in the military or pursuing higher education.

He said he would push for legislation to make further changes. Though he’s left it to Congress to work out the details, the president said the White House has already written its own that he’ll send for an up or down vote if lawmakers are too slow.

“I’ve got a bill drafted. We’ve got language,” he said.

But he said that he hoped Congress would not force things to come to that.

“I think this is something we should be able to get done certainly this year and I’d like to see if we could get it done sooner, in the first half of the year if possible,” Obama said.

In an interview with Univision also taped Wednesday, Obama said he’s confident that immigration reform will pass before the end of the year. “Si, se puede,” he said at the prompting of interviewer Maria Elena Salinas, repurposing the slogan used by farm workers that was then turned into the English-language rallying cry for his 2008 campaign as “Yes we can.”

What’s still holding back action “is not so much technical as it’s political,” Obama said in his interview with Telemundo, which was conducted by Jose Diaz-Balart. “It’s a matter of Republicans and Democrats coming together and finding a meeting of the minds and then making the case. I’m hopeful that this can get done, and I don’t think that it should take many, many months.”

Diaz-Balart said he’d checked with the offices of Sen. Marco Rubio (R-Fla.) and other Republicans supportive of the immigration reform proposal put out by a bipartisan group of eight senators on Monday, and that none of them reported having heard from Obama on the issue.

Obama said he was open to talking to anyone, but indicated that the outreach had to come from Capitol Hill. “I am happy to meet with anybody, anytime, anywhere to make sure that this thing happens,” he said. “You know, the truth is oftentimes what happens is members of Congress prefer meeting among themselves to build trust between Democrats and Republicans there.”

“They want assistance from us but sometimes they want it through back channels,” he added. “And, you know, if they want a public meeting, if they want private meetings, anything that is necessary to move this thing forward, we’re happy to.”

Some immigrants-rights groups have urged Obama to put a moratorium on all deportations until Congress works through its current reform push. But Obama said it’s his responsibility to continue overseeing the enforcement of existing federal laws.

“There are still going to be stories that are heartbreaking with respect to deportations until we get comprehensive immigration reform,” he said in his interview with Univision. “That’s one of the reasons I think it’s so important for us to go ahead and get this action done.”

Though both interviews focused on Obama’s new push on immigration reform, there were some questions on other issues, including gun control and the gun violence in Chicago that left dead a teenager who performed in Obama’s inaugural parade barely a week before her murder.

Obama didn’t speak specifically to the Tuesday killing of Nadiya Pendleton, 15, but he did address the rash of gun violence plaguing his hometown of Chicago. The city, where his former chief of staff Rahm Emanuel is mayor, has strict gun laws yet high levels of violence. That’s led some pro-gun advocates to argue that gun control laws don’t work.

But Obama said the problem is that the laws aren’t widespread. “The problem is that a huge proportion of those guns come in from outside Chicago,” he told Telemundo. “What is absolutely true is that if you are just creating a bunch of pockets of gun laws without having sort of a unified, integrated system — for example of background checks — then, you know, it’s gonna be a lot harder for an individual community, a single community to protect itself from this kind of gun violence. That’s precisely why we think it’s important for Congress to act.”

Obama listed implementing a universal background check system, limiting the size of magazines and cracking down on gun trafficking as key priorities, but didn’t mention renewing the assault weapons ban, something he’s said he supports. His omission of the ban comes after Vice President Joe Biden left it out during remarks on guns he last week in Virginia.


Pitfalls ahead for senators’ immigration plan

Posted on by Ruby Powers in citizenship, immigration bill, Immigration Law, Immigration Trends, Legislative Reform Leave a comment

Pitfalls ahead for senators’ immigration plan

By  and , Published: January 29

The release of a new bipartisan Senate plan to overhaul the nation’s immigration laws and a policy address expected Tuesday from President Obama have launched dramatic new momentum on a long-stalled issue.

Now the hard part begins.

The blueprint unveiled by senators Monday amid warm bipartisan unity settled some of the most difficult questions that have bedeviled efforts to change immigration laws, particularly by endorsing a path to citizenship for an estimated 11 million illegal immigrants. But it left unanswered dozens of key questions, all of which must be meticulously negotiated in the coming weeks under competing political pressures. And nobody thinks that will be easy.

“We still have a long way to go,” Sen. Charles E. Schumer (D-N.Y.) said Monday, while calling the broad framework a major breakthrough.

“A first step in what will continue to be difficult — but achievable,” said Sen. John McCain (R-Ariz.).

The politics for passage are quite treacherous, with a number of key Republicans already labeling this latest iteration of immigration proposals as amnesty for the nation’s 11 million illegal residents. But even before the group of four Democrats and four Republicans can focus on the persistent GOP opposition, they must translate their broad statement of principles on the issue into a detailed bill that can withstand intense legislative scrutiny.

That means tackling a number of extremely difficult issues by the end of March, when the group has said it hopes to draft a bill. A bipartisan group is also working on legislation in the House, but most proponents believe legislative action will start in the Democratic-held Senate.

For instance, the Senate plan calls for offering illegal immigrants the chance to quickly achieve probationary legal residency, provided they register with the government and pay a fine and back taxes. But it does not outline how large a fine or how long the applicants would have to pay off their taxes.

“I think the question is, how broad will the road to citizenship be?” said Ai-Jen Poo, director of the National Domestic Workers Alliance. “We have to make sure that it’s not so expensive and onerous that it doesn’t leave millions of people in limbo for an extended period of time.”

More critical to the coming debate is the senators’ requirement that illegal immigrants could not seek a green card — the first step to full citizenship — until the U.S.-Mexican border is secure and other enforcement measures are in place. The measures include a system for employers to verify the legal status of workers and a new way to track legal visa holders.

But the framework is silent on how federal officials would certify that the border is secure. It envisions the creation of a commission of governors, attorneys general and others living along the border to “make a recommendation regarding when the bill’s security measure outlined in the legislation are completed.” But it is not clear whether that recommendation would be considered advisory or would by law allow those with probationary status to seek permanent residency.

The commission, which would probably include immigration hard-liners elected to statewide office in recent years in Arizona and elsewhere, has already emerged as a potential flash point, making immigrants’ advocates and some Democrats deeply nervous.

President Obama is expected Tuesday to unveil his own immigration reform proposal, which would not include such a delay and which otherwise supportive Republicans are warning could sap bipartisan backing for the effort.

“All these things must happen before — before — there’s a path to a green card,” Sen. Marco Rubio (R-Fla.) told conservative talk show host Sean Hannity on Fox News on Monday, in one of a series of interviews Rubio has been conducting to sell the senators’ plan to GOP opinion makers.

Laura Lichter, president of the American Immigration Lawyers Association, said she was concerned that the proposal placed too much emphasis on border control.

She also questioned another key plank the Republicans had required: that illegal immigrants would be sent to the back of the green card line behind those who had legally applied for residency.

“It’s really not appropriate to create a group of second-class non-citizens,” she said. “Do people realize how long the lines are? The lines are 10 years and sometimes two decades. Putting someone behind the 30-year line is not going to work.”

Another potentially tricky issue is what is known as “future flow” — how many new legal visas to give out and in what fields.

On Monday, Schumer called that issue “one of the shoals upon which the good ship ‘Immigration Reform’ has floundered” because it pits big business — which wants access to cheap labor — against the unions, which seek to require businesses to hire Americans.

Schumer said the AFL-CIO has been quietly meeting with the U.S. Chamber of Commerce to work out an agreement that would link future immigration flow to unemployment rates. But details need to be fleshed out.

Dozens of other similar pitfalls abound.

The senators call for withholding federal benefits, including Medicare and Medicaid, from illegal immigrants who have met the demands to live and work in the country. But immigrant advocates question how, then, will often low-income immigrants get access to affordable health care?

The senators are silent, too, about whether same-sex partners would be eligible for the same benefits as married couples, a divisive question within more socially conservative portions of the immigrant community.

Obama will probably call for addressing the issue in his Las Vegas speech.


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