Some Initial Thoughts on the Senate Immigration Reform Outline

Today the Senate released a bi-partisan set of principles on immigration reform that represented a step forward in passing Congressional legislation which includes some form of a pathway to citizenship for undocumented immigrants.

While the process for citizenship outlined here is a long  and arduous, it is worth noting that this blueprint would provide relief for many undocumented immigrants, keep families together and fix many of the problems associated with our current immigration system.

The first part of the bipartisan framework outlines the process and triggers for a pathway to citizenship. From the document: “Our legislation will provide a tough, fair, and practical roadmap to address the status of unauthorized immigrants in the United States that is contingent upon our success in securing our borders and addressing visa overstays.” The principles presented here are indeed tough, creating a long process for eventual citizenship.

The pathway presented in this blue print is divided into three parts legal status, lawful permanent residency and finally citizenship through a green card. Upon the enactment of the legislation all undocumented immigrants seeking citizenship are required to register with the government pass a background check, pay a fine and back taxes, in order to earn probationary legal status. This probationary legal status allows them to live and work legally in the United States but does not mean that they are in line to achieve citizenship. Rather they are now eligible to apply for a lawful permanent residency provided that two enforcement triggers are met. To achieve full on citizenship, the principles outlined require that two enforcement benchmarks - securing our border and addressing the problems around visa overstays- are met. These two triggers present two very distinct and difficult undertakings.

As the Senate principles rightly acknowledge there have been great strides in making the border secure but more must be done. As such the details outlined in the principles are fairly straight forward: more technology, aerial drones, investment between ports of entry, an increase in oversight over the border patrol and the creation of a commission of Governors, attorney generals, and community leaders living along the southwest border to monitor the progress of securing our border.

As Simon noted in his recent statement we have already had significant success on the border with  “additional resources, better strategies, and enhanced cooperation with Mexico have brought about significant improvement in the border region.  Net migration of undocumented immigrants into the US has dropped from 500,000 a year a decade ago to zero today, crime on the US side of the border has plummeted, all while legal trade and tourism with Mexico have grown at very rapid levels.”

The second trigger, fixing the problem of visa overstays is more complicated. The language in the text of the principles focuses solely on the completion of an “entry-exit system that tracks whether all persons entering the United States on temporary visas via airports and seaports have left the country as required by law.” In this regard fixing the Visa Overstay problem is a much larger undertaking then securing our border. Far more people enter the U.S. legally and over stay their visa’s than cross our southwest border illegally. There has been much less emphasis on visa overstays, partly because of the prohibitive cost of monitoring, tracking and removing immigrants who enter the country in this manner.

After these two triggers have been met those undocumented immigrants with probationary legal status will be required to go to the back of the line of current prospective legal immigrants, pass an additional background check, pay taxes, learn English and civics, demonstrate a history of work, and current employment in the U.S. to apply for lawful permanent residency. Those who successfully complete these requirements can eventually earn a green card. There is of course more: individuals who are present without lawful status will only receive a green card after every individual who is already waiting in line for a green card, at the time this legislation is enacted, has received their green card.

Believe it or not all of this is progress; if this outline as legislation is passed, it would bring immediate relief too many undocumented immigrants, keep families together, and address many of the problems currently facing our immigration system. It is likely that these principles will change further once legislation is actually drafted but on its face as a bipartisan legislative frame work for a pathway to citizenship this is more than a good start. It is a reason to hope that this year after so long Congress will finally pass meaningful reform of our immigration system.

Stay tuned for my thoughts from Las Vegas tomorrow, on the Presidents big immigration speech.