Late yesterday the House released the framework for an immigration overhaul, which includes amnesty for people brought here illegally by their parents when they were children. As usual, the outline (which will be used to develop legislation) is full of promises for border security first, with a fix in the immigration system second. Here are the details:
Border Security and Interior Enforcement Must Come First
It is the fundamental duty of any government to secure its borders, and the United States is failing in this mission. We must secure our borders now and verify that they are secure. In addition, we must ensure now that when immigration reform is enacted, there will be a zero tolerance policy for those who cross the border illegally or overstay their visas in the future. Faced with a consistent pattern of administrations of both parties only selectively enforcing our nation’s immigration laws, we must enact reform that ensures that a President cannot unilaterally stop immigration enforcement.
Implement Entry-Exit Visa Tracking System
A fully functioning Entry-Exit system has been mandated by eight separate statutes over the last 17 years. At least three of these laws call for this system to be biometric, using technology to verify identity and prevent fraud. We must implement this system so we can identify and track down visitors who abuse our laws.
Employment Verification and Workplace Enforcement
In the 21st century it is unacceptable that the majority of employees have their work eligibility verified through a paper based system wrought with fraud. It is past time for this country to fully implement a workable electronic employment verification system.
Reforms to the Legal Immigration System
For far too long, the United States has emphasized extended family members and pure luck over employment-based immigration. This is inconsistent with nearly every other developed country. Every year thousands of foreign nationals pursue degrees at America’s colleges and universities, particularly in high skilled fields. Many of them want to use their expertise in U.S. industries that will spur economic growth and create jobs for Americans. When visas aren’t available, we end up exporting this labor and ingenuity to other countries. Visa and green card allocations need to reflect the needs of employers and the desire for these exceptional individuals to help grow our economy.
The goal of any temporary worker program should be to address the economic needs of the country and to strengthen our national security by allowing for realistic, enforceable, usable, legal paths for entry into the United States. Of particular concern are the needs of the agricultural industry, among others. It is imperative that these temporary workers are able to meet the economic needs of the country and do not displace or disadvantage American workers.
One of the great founding principles of our country was that children would not be punished for the mistakes of their parents. It is time to provide an opportunity for legal residence and citizenship for those who were brought to this country as children through no fault of their own, those who know no other place as home. For those who meet certain eligibility standards, and serve honorably in our military or attain a college degree, we will do just that.
Individuals Living Outside the Rule of Law
Our national and economic security depend on requiring people who are living and working here illegally to come forward and get right with the law. There will be no special path to citizenship for individuals who broke our nation’s immigration laws – that would be unfair to those immigrants who have played by the rules and harmful to promoting the rule of law. Rather, these persons could live legally and without fear in the U.S., but only if they were willing to admit their culpability, pass rigorous background checks, pay significant fines and back taxes, develop proficiency in English and American civics, and be able to support themselves and their families (without access to public benefits). Criminal aliens, gang members, and sex offenders and those who do not meet the above requirements will not be eligible for this program. Finally, none of this can happen before specific enforcement triggers have been implemented to fulfill our promise to the American people that from here on, our immigration laws will indeed be enforced.
Sound familiar? Let's take a look back at the main points in last year's Senate Gang of Eight legislation, which failed because it did not sufficiently enforce border security, the Congressional Budget Office projected it would not stop illegal immigration and would set us up for another amnesty down the road despite promising to do the opposite.
Creating a Path to Citizenship for Unauthorized Immigrants Already Here that is Contingent Upon Securing the Border and Combating Visa Overstays
Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing our borders and tracking whether legal immigrants have left the country when required;
Our legislation will require 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.
We will demonstrate our commitment to securing our borders and combating visa overstays by requiring our proposed enforcement measures be complete before any immigrant on probationary status can earn a green card.
For instance, individuals who entered the United States as minor children did not knowingly choose to violate any immigration laws. Consequently, under our proposal these individuals will not face the same requirements as other individuals in order to earn a path to citizenship.
The development of a rational legal immigration system is essential to ensuring America’s future economic prosperity. Our failure to act is perpetuating a broken system which sadly discourages the world’s best and brightest citizens from coming to the United States and remaining in our country to contribute to our economy. This failure makes a legal path to entry in the United States insurmountably difficult for well-meaning immigrants. This unarguably discourages innovation and economic growth. It has also created substantial visa backlogs which force families to live apart, which incentivizes illegal immigration.
While these security measures are being put into place, we will simultaneously require those who came or remained in the United States without our permission to register with the government. This will include passing a background check and settling their debt to society by paying a fine and back taxes, in order to earn probationary legal status, which will allow them to live and work legally in the United States. Individuals with a serious criminal background or others who pose a threat to our national security will be ineligible for legal status and subject to deportation. Illegal immigrants who have committed serious crimes face immediate deportation.Speaker John Boehner has said now is the time for [illegal] immigration reform, something President Obama is praising him for.