Make a Payment 
<a href="https://secure.blueoctane.net/forms/E8TLX753GRBB">Click Here To Load This Formexperts.com Form</a>
Share

NPZ Immigration Law Blog

Friday, March 1, 2013

IMMIGRATION REFORM, WHAT TO EXPECT, PART I

As the fiscal cliff deal left the debt ceiling and so-called sequestration disputes unresolved, pundits speculated that immigration might get pushed to the side. But congressional aides, lawmakers, and advocates say the plans are on track and we should expect to see the first concrete steps sometime between President Obama's inauguration on Jan. 20 and his State of the Union address a couple weeks later.

Work began on a bill following the elections among a bipartisan group of senators, dubbed the "gang of eight" by Politico, but which has now shrunk in size according to Washington insiders. The group is expected to take the first public step in the process by releasing a set of principles sometime after the inauguration. Full legislative language is not expected until March or April, according to the Senate aide and Beltway advocates, and a vote probably won't come down until June at the earliest.

Both parties start the year in the red on immigration.

Republicans have for years blocked all action on immigration reform, including the passage of the DREAM Act in 2010. Democrats, for their part, also have some making up to do. Obama gained political points from progressives and Latinos in 2012 for using his executive power to protect some immigrants, most notably by granting work permits and permission to stay in the country to DREAM Act youth. But his administration also deported historic numbers in the past four years.

Just before Christmas, the Department of Homeland Security announced that in 2012, 409,000 people were deported, more than in any other year recorded. And 90,000 of these deportees were the parents of U.S. citizens, according to government data.

So both parties say they now want to do right by immigrants, and immigration rights advocates say they're gearing up for a ground game to push for the broadest possible legislation. "All our efforts have to be focused on comprehensive reform like a laser beam," said Sylvia Ruiz, head of the Immigrant Justice Campaign for the two million-member SEIU labor union. "The goal is winning federal reform in this legislative cycle."

What's inside the bill will make all the difference. The Senate deliberations remain in the weeds and insiders say there's nothing yet in writing. But, there are some things that we know, at least about the parameters. Over the past six years of failed legislative efforts at reform, comprehensive bills have involved a path to legal status for at least some unauthorized immigrants; a reworked legal system for new immigrants and guest workers; and shifts in enforcement to stop undocumented immigrants at the border, deport those in the interior and stop employers from hiring unauthorized workers.
Legalization

Arguably the most important item immigration reformers hope to solve is the presence of over 11 million people who live in the country without papers, and thus often without access to the benefits and responsibilities of legal residency or citizenship, but with the threat of deportation and exploitation by employers. Lawmakers intend to legalize at least some undocumented immigrants.

But what legalization will look like is entirely up for debate.

First and foremost, there's a question of whether the path to legalization will lead ultimately to citizenship or, instead, some kind of extended residency.

Advocates for an expansive citizenship program note that more Latino, Asian, Caribbean, and other citizens of color equal more voters who tend to vote Democrat, which Republicans have cause to resist. Indeed, in November, Republicans introduced a bill they called the Achieve Act, a GOP alternative to the DREAM Act. The bill, which didn't become law, would have granted legal status, but no path to citizenship to undocumented young people. Republicans could push a broader legalization bill that similarly denies access to citizenship.

Democrats are unlikely to put their weight behind a legalization plan that does not include some route to citizenship. And insiders say that at least in the opening gambits from the White House and the bi-partisan Senate group, proposals will include a path to citizenship. "Legalization with a path to citizenship is not all that controversial," the Democratic aide told me about the initial deliberations.

Even the most expansive immigration legalization plan would not create a path for all of the 11 million undocumented immigrants in the U.S. Those who have been deported in the past and returned to the country will almost certainly be excluded, as will immigrants who've been convicted of felonies and some misdemeanors.

Congress could create a path to citizenship only for a limited group of immigrants, like the DREAMers, for example. Likewise, if lawmakers do legislate a citizenship plan, they'll have to construct the path-and the length and treachery of the journey to citizenship matters. In past proposals for immigration reform, legislators have put forward plans in which it would take up to a decade to gain citizenship. In other iterations, the process has been tied to steady employment. Advocates note that in this time of high joblessness and unsteady work, that's something of a set up for failure.

'Future Flow'

Though most conversations about immigration reform focus on undocumented immigrants who are already here, lawmakers are also grappling with what to do about those who want to come in the future, or the so-called "future flow."

"A future flow program is probably most controversial part right now," the Democratic aide said.

New immigrants tend to be treated as two distinct groups: high-skilled and low-skilled. Most agree that "high-skilled" and often "higher-wage" workers should be allowed in. In November, Republicans in the House passed the STEM Jobs Act, which would have granted permanent residency to immigrants who receive masters and doctorate degrees from U.S. universities in the sciences. The bill aligned with Obama's own desire, offered in last year's debates, to try to keep well-educated foreigners in the U.S., rather than sending them "home to invent new products and create new jobs somewhere else."

But the bill died in the Senate because, in order to make room for the new visas, it would have cut spots in the Diversity Immigrant Visa Program, a lottery system that tends to help lower-skilled immigrants, largely from African nations. Democrats were unwilling to make such a trade.

This Democratic reticence aside, generosity toward low-skilled immigrants has not been a feature of American Immigration law. The heftiest piece of the future flow is the question of temporary workers, or guest workers. Each year hundreds of thousands enter the country on temporary visas to work in hotels, construction sites, factories, and food processing plants.

They're often subjected to sub-par labor conditions and lack strong workplace protections. Unions, immigrant rights advocates and many Democrats say that is because the current structure of guest worker programs ties visas to having and keeping a job.

"Workers are tied to one employer in terms of their visa and as soon as they are no longer employed, they are deportable," said Saket Soni, director of the National Guestworker Alliance. "They are legal only as long they comply with their employer. That's the fundamental rule of the game."

Many argue that guest worker programs like the one that exists should be replaced with a system that puts the ownership of visas in immigrants' hands, not in those of employers. But business interests push back, arguing that the guest worker program is vital to the health of the small business economy. Some business owners and their representatives like the Chamber of Commerce say there simply are not enough U.S. workers who want the jobs and the businesses require a contingent work force to fill labor needs.

"It comes down to a back and forth between business and labor," said the Democratic aide.

For more information, please feel free to contact the Immigration and Nationality Lawyers at the NPZ Law Group at 201-670-0006 or by e-mailing us at info@visaserve.com.


Archived Posts

2017
August
July
June
Veto migratório de Trump entra em vigor parcialmente esta noite
TRUMP'S TRAVEL BAN 2.0 GOES INTO EFFECT TODAY (6/29/2017) NIGHT
Will NAFTA be Trumped? by Veronique Malka
ICLE immigration law panel for the immigration basics program given at the loss center in New Brunswick
USCIS Introduces New I-485 Form
Cuidados que estudantes com o visto F-1 precisam ter nas férias
Promoting Cultural Exchange with a J-1 Visa
VISA BULLETIN UPDATE FROM DOS: June 13, 2017
Visto P-3, o visto para artistas e profissionais do mundo do entretenimento
Intercâmbio Cultural com o visto J-1
Exploring the P-3 Visa for Artists or Entertainers in a Culturally Unique Program
IIFA FESTIVAL 2017 ANOTHER REASON TO LOVE NEW YORK! NEW YORK IIFA EVENT 2017! . . . JULY 14TH & 15TH!
Governo Trump anula programa criado por Obama para proteger imigrantes ilegais cujos filhos estão em situação regular nos EUA
Yeni Girişimci Şartlı Tahliye Kuralları 15 Temmuz 2017'de geçerli.
Why Every Immigrant Needs a Lawyer
YEŞİL KART'IN AİLE SPONSORLUĞUYLA YAPILMASI: ABD'ye Göç Etmek İçin Bir Yol
GÖÇMENLİK ÜZERİNE BAŞKANLIK EMİRLERİ
COMO AGIR AO SER ABORDADO POR UM AGENTE DE IMIGRAÇÃO
Departamento do Trabalho dos EUA adota medidas para ampliar proteção aos americanos
Como migrar do visto de turista ou de negócios para o visto de estudante
A Look at the O-1B Artist Visa
La Nouvelle Dérogation pour les Entrepreneurs prendra effet le 15 juillet 2017.
Turistas podem verificar via site o prazo limite de sua permanência nos EUA
DOL updates: US SECRETARY OF LABOR PROTECTS AMERICANS, DIRECTS AGENCIES TO AGGRESSIVELY CONFRONT VISA PROGRAM FRAUD AND ABUSE
CBP Reminds Travelers of Departure Date with New I-94 Website Feature
O visto EB-5 como alternativa ao H-1B
Imigrantes ilegais que trabalham no campo estão na mira do governo americano
May
Check Out the Redesigned Stakeholder Webinars Page
DHS UPDATE: One Year of the 24-month STEM OPT Extension
DHS UPDATE: B-1/B-2 Visitors Who Want to Enroll in School
DHS UPDATE: Summer Vacation Reminders for F-1 Students
Saiba como solicitar o green card no caso de casamento
Nova regra para empreendedores estrangeiros nos EUA entra em vigor em 15 de julho
As the H-1B Visa is Dismantled, Indian Immigrants Look to the EB-5 Visa
Illegal Farm Workers Fear Immigration Crackdown
Mudanças nas regras do visto H1B e a anatomia das auditorias do governo
VISAS MANTIS and Implications for Trump’s “Extreme Vetting”
DOS UPDATE: VISA BULLETIN FOR JUNE 2017
ANÁLISE: As ordens executivas de Trump sobre imigração
Obtaining a Green Card Through Marriage
Estrangeiros vítimas de certos crimes nos EUA têm direito ao chamado Visto U
The New Entrepreneur Parole Rule will be Effective on July 15, 2017.
EXECUTIVE ORDERS ON IMMIGRATION: An Analysis on the Present State of President Trump’s Travel Ban Attempts By: Snehal Batra, Esq.
ANATOMY OF H-1B AUDITS AND INVESTIGATIONS
Green Card por meio de relação familiar
EUA começam a devolver petições para o visto H1B que não foram selecionadas
USCIS: Cap Gap for Students Without a H-1B Application Rejection or Decision
Amor a la “Green Card” no Canadá
GETTING THE GREEN CARD THROUGH FAMILY SPONSORSHIP: One Way To Immigrate to the U.S.
Trabalhadores religiosos podem obter visto específico para os EUA
IMMIGRATION LAWYER VERONIQUE MALKA GIVES INTERVIEW ON NATIONAL RADIO ABOUT THE EFFECTS ON CANADIAN IMMIGRATION FOLLOWING THE TRUMP ELECTION.
Love à La “Green Card” - Canada Immigration
COMUNICADO OFICIAL: DHS cria escritório para vítimas de crimes praticados por imigrantes ilegais
April
Will the U.S. Extend Temporary Protected Status for Eligible Haitians?
Boletim do Departamento de Estado dos EUA para Maio de 2017
DOS UPDATE: VISA BULLETIN FOR MAY 2017
SPIRITUAL ENLIGHTENMENT AND U.S. IMMIGRATION: Understanding the Religious Visa (R Visa).
DHS Announces Launch of new Office for Victims of Illegal Immigrant Crime
Mudança recente no credenciamento de escolas e faculdades nos EUA afeta vistos de alguns estudantes
USCIS UPDATE: Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs Affected by the ACICS Loss of Accreditation
H-1B GÖÇMEN OLMAYAN ÇALIŞMA VİZESİ GÜNCELLEMESİ: USCIS (Amerika Vatandaşlık ve Göçmenlik Ofisi), 2018 Yılı H-1B Cap Rastlantısal Seçim Sürecini Tamamladı
USCIS, Yeniden Tasarlanmış Yeşil Kartlar ve Çalışma İzin Belgelerini Yayımlıyor
GOVERNO DOS EUA LANÇA NOVAS VERSÕES DO GREEN CARD E DO DOCUMENTO DE AUTORIZAÇÃO DE TRABALHO
ATUALIZAÇÃO SOBRE O VISTO DE TRABALHO H-1B: USCIS conclui processo de seleção via loteria para o ano fiscal de 2018
Esclarecimentos sobre os procedimentos de deportação
USCIS Reminds Beneficiaries of Temporary Protected Status for Guinea, Liberia, and Sierra Leone of May 21 Termination
USCIS Will Issue Redesigned Green Cards and Employment Authorization Documents
H-1B NONIMMIGRANT WORK VISA UPDATE: USCIS Completes the H-1B Cap Random Selection Process for FY 2018
Immigration Arrests Double in Just 11 Years
THERE HAS BEEN A RECENT INCREASE IN IMMIGRATION ENFORCEMENT ACTIONS: What Defenses Are Available to Persons Facing Deportation?
Alvos das ações do ICE
o Departamento do Trabalho dos EUA, por meio da Divisão de Salário e Horas (WHD), continua promovendo auditorias e investigações relacionadas ao visto H-1B
Barreiras de três e dez anos: Como novas regras ampliam elegibilidade para pedido de perdao
O NPZ LAW GROUP CONTINUA A INCENTIVAR QUE EMPREGADORES QUE SOLICITAM OS VISTOS H-1B E L-1 ENTENDAM AS VISITAS AO LOCAL DE TRABALHO FEITAS PELO FDNS REFERENTES AOS VISTOS H-1B E L-1
H-1B NONIMMIGRANT WORK VISA UPDATE: With a Looming Cloud of Anticipated Investigations, Audits and Site Visits, USCIS Reaches FY 2017-2018 H-1B Cap.
USCIS ALERT: BATTLING FRAUD AND ABUSE IN THE H-1B VISA PROGRAM.
WHAT IF MY CASE DID NOT GET CHOSEN IN THE H-1B LOTTERY: EXPLORING WORK VISA OPTIONS BEYOND THE H-1B CAP [i] (PART VII of an VIII Part Series)
Justice Department Cautions Employers Seeking H-1B Visas Not to Discriminate Against U.S. Workers
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
December
H-1B SEASON IS UPON US . . . WILL THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON MAY BE THE KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S.
THE NEW EXPRESS ENTRY SYSTEM EXPLAINED
"Know Before You Go": NPZ Law Group Helps Ease The Stress of Holiday Travel For Certain Foreign Nationals.
5 Cosas que se deben saber sobre cómo las acciones del Presidente Obama impactarán a Inmigrantes Indocumentados.
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte I)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte II)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte III)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte IV)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte V)
Acción Ejecutiva de Responsabilidad de Inmigración fue anunciada por el presidente Obama. ¿Es usted o alguien que usted conoce un Beneficiario? (Parte VI)
EL RECIENTE ANUNCIO DEL PRESIDENTE OBAMA SOBRE LA RESPONSABILIDAD INMIGRACIÓN PRESENTA MUCHOS BENEFICIOS PARA MUCHAS COMUNIDADES DE INMIGRANTES!
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part VI)
PRESIDENT OBAMA'S RECENT ANNOUNCEMENT ABOUT IMMIGRATION ACCOUNTABILITY PRESENTS MANY BENEFITS FOR MANY IMMIGRANT COMMUNITIES!
November
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part IV)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part V)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part I)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part II)
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part III) Changes to Provisional Waivers and "Extreme Hardship Definition.
Immigration Accountability Executive Action Was Announced By President Obama. Are You or Someone You Know a Beneficiary? (Part IV)
5 Things to know about how President Obama's Actions Impacts Undocumented Immigrants.
Programa de Refugiados y de Admisión Condicional para menores de edad de El Salvador, Guatemala y Honduras con padres legalmente presentes en los Estados Unidos.
ÚLTIMAS NOTICIAS DE INMIGRACIÓN EN LOS ESTADOS UNIDOS: Reforma Integral de Inmigración.
USCIS Expands the Definition of "Mother" and "Parent" to Include Gestational Mothers Using Assisted Reproductive Technogy (ART)
U.S. IMMIGRATION NEWS FLASH: President Obama Announces Administrative Relief for Immigrants in the U.S.
In-Country Refugee/Parole Program for Minors in El Salvador, Guatemala, and Honduras With Parents Lawfully Present in the United States
October
September
August
July
June
May
April
March
February
January
2013
December
November
October
September
August
July
June
May
April
March
February
January


National in scope, the business immigration law firm of NPZ Law Group represents clients from throughout the United States and around world. Regionally, our attorneys remain committed to serving the immigration needs of businesses in the Tri-state area and the Hudson Valley, including residents of Ridgewood, Newark, and Jersey City, Burlington County, Bergen County, Camden County, Cumberland County, Essex County, Hudson County, Mercer County, Middlesex County, Monmouth County, Morris County, Passaic County, Salem County, Union County, northern New Jersey, southern New Jersey, central New Jersey, NJ; New York City, Rockland County, Orange County, Westchester County, Kings County, Sullivan County, Ulster County, New York, NY; Chicago, Illinois, IL; and Toronto and Montreal, Canada. Our nationwide practice focused on quality legal representation and personal service.



© 2017 NPZ Law Group | Disclaimer
487 Goffle Road , Ridgewood, NJ 07450
| Phone: 866-599-3625

About | Attorneys | Types of Visas | Resources | Testimonials | Types of Immigration Law | Services

Law Firm Website Design by
Amicus Creative