Immigration Reform

Department of Homeland Security, Secretary Janet Napolitano made her first major speech outlining the administration’s efforts to push for comprehensive immigration reform in early 2010 on Friday the 13th at the Center for American Progress in Washington, D.C. Advocates on both sides of the immigration fence have started to doubt the President’s promise for immigration reform. President Obama, who is currently in Asia, has plenty on his plate; namely overhaul of the health care system and the spiraling economy. With unemployment rate hitting an all time high of 10%, it is surprising to hear the Secretary confirm the President’s promise to tackle immigration reform in early 2010. Secretary Napolitano argued that CIR (Comprehensive Immigration Reform) will enhance national security and protect American workers from having to compete with lower-paid illegal immigrants. Under the current plan, illegal immigrants already present in America would have to register, pay fines, pay all taxes owed, pass a criminal background check and learn English. The administration emphasizes that allowing illegal immigrants a legal pathway will strengthen the economy because millions of presently illegal immigrants will become full-paying taxpayers. Members of Congress from both sides have been working diligently to present a CIR bill to the President soon.

In a measure passed last week by the Senate, U.S. Senators moved to end the practice known as the widow’s penalty. The widow’s penalty is a government practice that revokes foreigner’s applications for permanent residency when their U.S. citizen spouse dies short of the two year marriage anniversary. This measure, if signed into law by President Obama, would allow foreigners married to U.S. citizens for less than two years to submit their own petitions for residency with two years of the spouse’s death. The foreigner spouse can do this as long as he/she has not remarried and can prove a good-faith marriage to the now deceased spouse. The law is retroactive and therefore any immigrant whose spouse died within the two year anniversary, no matter how long ago, will have two years from the time the law is enacted to petition for residency. This law is a relief for many and will prevent unnecessary deportation of many.Source: New York Times 

A rally held in support of comprehensive immigration reform was a success. The rally was held in Washington D.C. on Tuesday, October 14, 2009. Thousands of immigrants showed up to give comprehensive immigration reform a voice. Representative Luis V. Gutierrez, Democrat of Illinois and chairman of the Immigration Task Force of the Congressional Hispanic Caucus unveiled his immigration bill. His plan focuses on family unity, effective border protection and a legalization path for the millions of undocumented immigrants living in America.

Proponents of immigration reform are hoping that with the President’s commitment to immigration reform and the changes already taking place in within the system that comprehensive immigration reform will see the light of day. According to the demonstrators and participants the main focus of the rally was to highlight how current immigration laws split families apart. In a statement made by Representative Gutierrez, he said “we simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it.”

Source:     New York Times; Representative Luis Gutierrez

In America we give a lot of credence to tradition and history. After all, learning from our past should be the way to improve our future. But the problem is that sometimes we forget to learn and repeat the same mistakes. For example U.S. Citizenship and Immigration Services cannot recognize a proxy marriage unless the marriage was consummated after the marriage takes place. USCIS takes this position based on a piece of legislation written in the 1950s. Proxy marriages are common place in the U.S. military and they allow couples who are physically separated to marry each other. So unless the proxy marriage is consummated after the date, U.S. immigration will not recognize the marriage and will not issue a marriage based immigrant visa to the foreign national spouse. Such conflict of law issues should be a focus for the new administration when immigration reform is put back on the agenda in 2010.  Source:

Earlier this year the President Obama administration effectively squashed immigration reform and pushed it off into next year. But the topic of immigration reform is so volatile and prevalent that it can take center stage in any debate, even one involving President Obama’s health care reform agenda. Presently, President Obama is working overtime trying to convince Congress and more importantly the American public that his health care reform will work. Unfortunately for him, not many people believe him. During the summer break, Congress members all over America were fielding questions from their constituents regarding this health care plan and how it will affect them. One major concern is illegal immigrants; many Americans and the members of the Congress are concerned that the President Obama’s agenda does not have the proper screening mechanisms in place for illegal immigrants. This concern leads many to believe that the President’s plan will provide undocumented immigrants most of the government subsidized health care benefits reserved for American citizens. This debate is ongoing with no clear resolution in sight; only time will tell whether or not the President’s healthcare plan will see the light of day.  

Permalink: The New York Times