Immigration Reform
The last time Congress updated our legal immigration system was November 1990, one month before the World Wide Web went online. We are long overdue for comprehensive immigration reform.
Through immigration reform, we can provide noncitizens with a system of justice that provides due process of law and a meaningful opportunity to be heard. Because it can be a contentious and wide-ranging issue, we aim to provide advocates with facts and work to move bipartisan solutions forward. Read more about topics like legalization for undocumented immigrants and border security below.
A Bipartisan Bridge to Prosperity: High-Skilled Immigration Legislation in the 113th Congress
In the spirit of bipartisan immigration reform, a geographically diverse contingent from both chambers of Congress have introduced legislation to strengthen high-skilled immigration and spur economic growth by recruiting and retaining entrepreneurial talent. Research is clear that high-skilled immigrants and immigrant entrepreneurs are a source of strength for America’s economy and innovative competitiveness. Currently, the most common routes for high-skilled immigrants and immigrant entrepreneurs to come to the U.S. include: H-1B visas for “specialty occupations” (which most commonly refers to occupations requiring “the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s or higher degree”), L-1 visas for “intracompany transferees,” O-1A visas for individuals with “sustained national or international acclaim” in the sciences, arts, education, business, or athletics, and E-2 visas for treaty investors, which are available to citizens of countries with treaties of commerce and navigation with the U.S. The three new pieces of legislation include the Immigration Innovation Act of 2013, the StartUp Visa Act of 2013, and the Startup Act 3.0. Immigration Innovation Act of 2013 Read More

BREAKING: House Passes Expanded Violence Against Women Act
After a failed vote on a Republican-supported version of the Violence Against Women Act (VAWA) that took out many of the bill’s expanded protections, the Republican-controlled House passed the Senate version of VAWA that adds additional coverage for immigrant, LGBT, and Native American victims. The Senate passed the bill earlier in February, so now it heads to President Obama for his signature. Congress failed to reauthorize the law in 2012, making it the first time since VAWA went into effect in 1994 that the measure to protect domestic violence victims had been allowed to expire. Read More

Congressional Hearing Illustrates Nativist Manipulation of “Border Security”
The concept of “border security” is inherently ambiguous. After all, we live in a world where no international border can be completely sealed. The risk that a bad guy will come across the border—by land, sea, or air—can never be reduced to zero, no matter how much money or manpower is funneled into border-security operations. As a result, it is easy for political opportunists to use the notion of “border security” as a smoke screen behind which to advance their own agendas. In the context of the debate over immigration reform, the quest for ever-increasing levels of border security is used as an excuse to oppose any meaningful changes to a dysfunctional immigration system which itself undermines security by its failure to operate fairly or efficiently. This is an irony which is apparently lost on those nativist politicians and activists for whom no level of border enforcement will ever be viewed as sufficient to justify immigration reform. Read More

Skilled Immigrants Filling U.S. Health Care Needs
As the debate around immigration reform continues one of the cornerstones of ongoing discussions is what kinds of skilled immigrants the U.S. needs. There is no doubt that high-skilled immigrants play an important role in America’s innovation economy, and particularly in those industries agglomerated in the Silicon Valleys and Research Triangles of the United States. However, it’s important to remember that high-skilled immigrants play a host of other critical roles in our society, namely in our healthcare industry. As the country’s population grows—and grows older—there is a large gap that can continue to be filled by immigrant primary-care/family practice physicians, nurses, and other healthcare workers. Read More

Business and Labor Announce Breakthrough on Immigration Reform
One of the most contentious issues that has stymied past immigration reform proposals is the divide between business and labor over how many and under what conditions the U.S. should admit new immigrants into our labor force. Also known as the “future flow” issue, the conflict lies in the tension between business’ desire to recruit foreign workers and labor’s desire to ensure workforce protections for those working in the U.S. Read More

Reaching the Six-Month Mark on Deferred Action for Childhood Arrivals (DACA)
The Department of Homeland Security has issued its latest data on the Obama Administration’s initiative that offers deferment from deportation and temporary work permits to young undocumented immigrants under the Deferred Action for Childhood Arrivals (DACA) initiative. In the first six months of the program (August 15–February 14), 423,634 out of the roughly 936,933 immigrants between the ages of 15 and 30 who might immediately meet the requirements, have had their applications accepted for processing. In other words, approximately 45% of those potentially eligible for the program have applied in the first six months. In addition, since February, 199,460 individuals have been approved for DACA and will receive two-year temporary work permits. Read More

Putting the White House Immigration Reform Proposal into Perspective
Over the weekend, the press reported on a leaked draft of portions of the White House’s immigration proposal, and the coverage since then has been largely a frenzied discussion of whether the leak will kill Senate negotiations. There shouldn’t be much chance of that, given the immense pressure on the Senate to not only come up with a proposal, but actually draft legislation that can be debated and voted on this year. Now that at least some of the Administration’s ideas are out in the public eye, it’s useful to treat them as what they are: basic discussion points on what might be in an eventual bill. In the long run, the draft proposal may help to encourage the constructive conversation that the Administration has sought to have on reform. Read More

Overhauling Immigration Law: A Brief History and Basic Principles of Reform
For more than a decade, efforts to systematically overhaul the United States immigration system have been overshadowed by other events—from foreign wars and national security concerns to the financial crisis that threatened to bring down the world economy. In addition to this ever-changing list of national crises, years of partisan political fighting and the resurgence of a volatile restrictionist movement that thrives on angry rhetoric have made opportunities for advancing genuine reform few and far between. As a result, many in both parties opted for a political strategy that emphasized immigration enforcement over immigration reform, holding to the argument that efficiently deporting non-citizens would reduce illegal immigration and pave the way for more sensible outcomes in the future. Instead, the unprecedented spending on immigration enforcement, the extraordinary rise in deportations, the passage of state anti-immigrant laws, and the almost daily anecdotes of separated families and discrimination finally took their toll. Voters signaled in the 2012 federal elections that they were tired of enforcement-only immigration policies and the senseless pain they caused. Now more than ever, the opportunity to craft immigration laws that reflect American values and needs is a distinct possibility. The White House, Members of Congress, and countless organizations have issued new ideas and principles for making the system work. These proposals vary and will likely change even more as proposals translate into legislation, but there are a number of common themes that exist. This paper lays out an overview of the underlying legal system, the most basic principles of reform, the reasons behind them, and how they are likely to be reflected in coming legislation. Read More

Can A Nation Have Too Many Smart People?
A February 8 op-ed in the New York Times entitled “America’s Genius Glut” argues that America already has too many high-tech workers, and thus does not need more scientists and engineers from abroad. It is a surprising claim that is at odds not only with the empirical evidence, but is out of touch with the dramatic shift in recent years towards a knowledge-based global economy. The United States is not actually suffering from a surplus of intelligent people, nor is it being economically drained by the presence of intelligent people who were born in other countries. In fact, the U.S. high-tech economy would not exist in its present form if not for the contributions of innovators and entrepreneurs from every corner of the globe. Despite arguments to the contrary, scientists and engineers who come to this country on H-1B visas are an integral part of that high-tech economy. Read More

Senate Likely Will Pass Expanded Violence Against Women Act Today
Senate Judiciary Chairman Patrick Leahy (D-VT) promised that the Violence Against Women Act (VAWA) would be the first bill he pushed in the 113th Congress after the House failed to vote on a version of VAWA that the Senate passed last year. The Senate version expanded protections for immigrant, LGBT, and Native American victims, which House Republicans opposed. Instead, the House passed a bill that failed to expand important protections and even rolled back protections for immigrants that have existed for decades. Ultimately, Congress failed to reauthorize the law, making it the first time since VAWA went into effect in 1994 that the measure to protect domestic violence victims had been allowed to expire. Read More
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