 |
|
 |
 |
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
 |
|
July
2009 Newsletter July 1, 2009 DEAR CLIENTS AND FRIENDS: As we enter the Fourth of July Independence Day holiday weekend, I would like to take a few moments to share some current thoughts on perhaps the single most defining element of the American experience – IMMIGRATION. It is a widely held reality that our current immigration system is irreparably broken. We have a large, undigested population of unauthorized foreign nationals living in the shadows of our society; our borders are porous; immigration adjudications are conducted by an outmoded, creaky, and seemingly dysfunctional adjudication system; the backlogs and delays in permanent residence grow at an alarming rate and are predicted by the U.S. Department of State to substantially lengthen, thereby splitting up families and depriving U.S. employers of critically needed foreign talent and investment capital. But perhaps most alarmingly, there has developed a seemingly pervasive hostility among many U.S. government adjudicators who raise needless bureaucratic obstacles toward the attainment of lawfully authorized immigration benefits. It is as if the economic downturn has led to a resurgence of a Fortress America mentality in which foreign nationals and, more generally, the whole immigration system has been called to blame for the structural and economic inadequacies that have now beset our nation over the past year. But to quote Tom Friedman, writing in the Sunday New York Times, issue of June 28, 2009:
Throughout the recent Presidential campaign, both candidates not only identified immigration reform as an important U.S. priority, but also embraced a systematic overhaul of the U.S. immigration system. As recently as June 25, 2009, President Obama convened the Congressional leadership to explore the prospects for passage of Comprehensive Immigration Reform. In many ways, the current environment resembles the situation existing over 20 years ago when the last piece of comprehensive, major immigration reform legislation was passed – the Immigration Reform and Control Act (IRCA). At that time, the widespread belief was that Congress had painted itself into a stalemate and that Comprehensive Immigration Reform was dead. But surprisingly, out of the death throes of immigration reform emerged in hurried, backroom deals and late night action the passage of IRCA. And we have been living with its consequences since 1986 – balancing out immigration enforcement through worksite enforcement + an amnesty program intended to clear up the unauthorized foreign national population + more stringent criteria accompanied by liberalized immigration quotas. Unfortunately, this legislation neither eliminated the illegal population nor effectively enforced our laws nor meaningfully streamlined the whole immigration process. But we have presumably learned much from this largely failed previous effort. We can now do better. As I try (probably inartfully) to fathom the prevailing Congressional sentiment, I simply do not see in the near future the likely prospect for passage of Comprehensive Immigration Reform for two principal reasons: 1) quite simply, immigration reform will most likely get squeezed off of the Congressional agenda owing to other issues requiring legislative attention – healthcare reform, economic revitalization, deficit reduction, Middle East politics, environmental protection, energy politics, etc. and 2) immigration is unquestionably a wedge issue that deeply divides this country, pitting immigration enforcers vs. immigration liberalizers vs. ethnic communities vs. globalization proponents. Any meaningful immigration reform initiative needs to balance out five (5) separate although intertwined concepts:
At present, Congress appears to be highly polarized on the immigration reform debate, and the Administration seems unwilling to challenge key constituencies to compromise on deeply felt core beliefs. One large bloc of Congress, chiefly although not exclusively spearheaded by the Hispanic Caucus, refuses to consider any incremental immigration legislation so as to exert major pressure on enacting widespread, comprehensive immigration reform measures that will liberalize the entire system and increase the quota ceilings, particularly for family-based immigration. There is another bloc of equally ardent Congressional proponents who adamantly refuse to consider any type of liberalization measures unless and until this country implements strong and effective (perhaps even procrustean) border security and enforcement measures. So, where does this leave us as we mark the halfway point of the Administration’s first year in office? Given that I just do not see any major, Congressionally driven overhaul of our entire immigration system, I think we will instead see certain incremental measures within the U.S. government agencies to streamline the process and create better enforcement mechanisms. To this end, the Obama Administration has enacted the following administrative measures in light of the ongoing Congressional inaction:
The measures appearing above are, at best, minor palliatives to curing the dysfunctionality within our system. If there is any single act that could very well spur a more concerted push toward immigration reform, it appears in a recent announcement of the U.S. Department of State that predicts massive and pervasive backlogs in the immigrant visa quota lines that threaten to inject interminable delays in both family-based and employment-based immigration cases. The United States maintains quotas that limit the number of immigrants allowed into this country. However, these quota ceilings are quite simply inadequate in a modern, globalized society with the result that visa numbers are being used up at an unprecedentedly fast pace. In the realm of employment, professionals in skilled labor in the worldwide quota have become completely unavailable. Advance Degree Professionals from China and India now face quota backlogs of up to eight years, and there is a legitimate possibility that such backlogs will spread to the worldwide quota as well. For family-based cases, many of the preference categories also show significant and growing backlogs, meaning that family members – including spouses – face major periods of separation. Ultimately, I think that this meltdown of our immigration system and the interminable delays it produces will become the impetus for a recommitment in the Congress to Comprehensive Immigration Reform. Family separation runs counter to fundamental values of our country and major delays in employers’ recruitment programs run counter to economic competitiveness in a globalized world. As was the case with the federally underwritten economic stimulus plan, the call to action – here, a recommitment to Comprehensive Immigration Reform – will only occur when the meltdown hits Main Street. In my own opinion, that date truly is coming. As always, please feel free to distribute this Newsletter to other interested recipients and by all means, please bring any questions or comments to our attention. It is always a pleasure to hear from those whom we serve. Cordially, ROBERT D ARONSON This memorandum is one of a series of communications prepared as a general public service to our clients and friends. The information herein presented is not intended nor should it be utilized as legal advice on any specific situation. Furthermore, given the rapid pace of change, the veracity of this information is constantly subject to modification and/or reversal. Rather, this piece represents a good faith attempt to orient clients and other interested parties served byAronson& Associates to current immigration developments. This piece in no manner supercedes the need to seek competent legal advice when engaged in activities carrying possible immigration-related consequences. |
Aronson & Associates,
P.A. |