All Eyes on Immigration Relief

February 22nd, 2013 by William Z. Reich

Jockeying for posture, Congress and the President are attempting to promote their immigration agenda. The President is saying if Congress does not act, he has a proposal that he will push forward.  The framework of any agreement is likely to include a pathway for illegal residents to become legalized, calls for heightened border security, and seeks to penalize employers who knowingly hire unauthorized workers. For many years, our broken “immigration system” has needed overhauling.  With an estimated twelve million out of status illegal residents, a comprehensive solution would be more than welcome.

SRW endorses this approach which would allow us to remain competitive in the global marketplace, increasing tax revenues, and have more control over our border security.  The following ideas should be considered:

First, foreign nationals who have violated our immigration laws but have been good and obedient residents should have a path (future) to legal immigration with certain conditions – such as learning English language, paying taxes (including back-taxes) and possibly even a penalty (similar to 245(i)). The details can be worked out in negotiations.   Understandably so, those with lengthy criminal records should not be afforded this same opportunity as they fall into ICE’s civil enforcement immigration priorities.

Second, we need better training of border officials in enforcement, security and understanding the fundamentals of our immigration laws.  These officers cannot enforce what they don’t understand. It is not just about making money available to CBP – its training and improved communications between border officials and their legal team on complex legal issues – everyone needs to be on the same page.

Third, combat the root of illegal immigration – individuals seeking to pursue better employment opportunities than available in their home country.  Stronger and stricter employer compliance will help to combat this opportunity by punishing employers who facilitate illegal employment and thus encourage illegal immigration.  By educating employers, keeping in mind the needs of the U.S. market place, and allowing sufficient numbers of both highly skilled and professional workers into the U.S., legislation can be implemented to dissuade employers from hiring unauthorized workers.

To put it simply, our current laws are outdated and highly in need of reevaluation and restructuring.  Talk is cheap and has been cheap – for many years there has been conversation of overhauling our immigration system.  However, based on the correct political climate, this time –  it may actually happen.

 

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